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About Mathew1988

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  1. Give me the dentist over this any day lol. It's all so alien to me I have now written to both the court and Lowell to inform them of change of address. With regard to my earlier defence is that what I submitted on mcol? Il do some more reading on what I need to do next. Will have to bear with me for replies as I've got no internet at new house yet so having to rely on getting on here from work when I'm in office. Thanks again
  2. Not heard anything from this for months just received a notice of allocation to the small claims track. For a hearing on 30th August.. in the letter it states that the judge feels it's suitable for mediation i phoned to try and book that (I'm not sure if that was right thing to do but reading other posts it seems like it was) The mediation place said they weren't able to book an appointment as the other party hadn't provided all the information I had asked for. now it's going to have to go to court. The thought of this scares me if I'm honest i have to submit a defence to the court by 14 days before have literally no idea how I can defend it as they haven't sent anything I asked for months ago.. Lastly I've just moved house in last few days after finally managing to get a mortgage. I know I need to update my address do I write directly to Lowell and the court to give them new contact details or is it done Online. Thanks Mathew
  3. Oh right so I literally cannot do anything until they do something.. I just read about people having claims struck out and had assumed that they had requested the court to do so. I didn't realise it wasn't a "proper" claim until it was allocated.
  4. Ok il keep reading. I've just read similar ones that said the claim had been struck out so I assumed that was something you did rather than the court? Obviously ive misunderstood. Sorry
  5. Right need some guidance. They had 28 days to respond from the confirmation I received on 20th December. They must be out of time by now. What can I do now. How do I go about getting it struck out and what do I do about getting it taken off my credit file. Thanks
  6. Oh right so they hace 28 days? It's not been 28 days since the 20th December so in theory something could still happen. Il keep this up to date should something happen Thanks
  7. It just says that should the claimant wish to proceed the court will contact you. I just wondered if there was a set time frame like there is with some things
  8. So i had a letter dated 20rh December from the courts acknowledging receipt of my defence stating a defence will be served on the claimant. I've not done anything with this over Christmas as i just wanted to put it to back of my mind but I'm aware I need to do something now. How long roughly am I likely to be waiting to hear anything else? Is there a set time they have to respond? Is there anything I need to be doing in mean time Thanks
  9. ive now submitted my defence through mcol. thanks to the help above, what sort of timescales am I likely to be before I hear anything from now? safe to enjoy xmas without worrying? thanks again
  10. that's brilliant thanks. so im ending up with something like this? Particulars of claim 1, The defendant entered into an agreement with vodafoneicon under account reference xxxxxxxx ("the agreement") 2, The defendant failed to maintain the required payments and a default notice was served and not complied with 3, The Agreement was later assigned to the claimant on 30/03/2015 and notice given to the defendant 4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding. and the claiment claims a, the said sum of 763.91 b, interest pursuent to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.167 but limited to one year being £61.11 c, costs 1. The Defendant entered into an agreement with vodafone. The defendant was promised that they would receive 4g coverage at there home address which vodafone failed to provide and as such were in breach of contract. Because of this said service was not fit for purpose. The contract was therefore disputed and terminated. 2. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to vodafone. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 3. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14 4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show proof the Defendant was sent default notice and termination notice/demand notices; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; and (d) show how the Defendant has reached the amount claimed for. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 7. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. ive never had anything from them before the claimform that came through. ive been at the same address for 2 years now so theres no reason I shouldn't have do I need to put something in my defence to cover that mathew
  12. also when I submit my defence on mcol do I need to send a copy to Lowell or is it all done through the courts?
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