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Cagney18

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  1. Yeah I did stupidly set up various payment plans to various DCA due to all the letters I kept getting hounding me for payments!
  2. Have attached what they have sent. Overdales-2-compressed.pdf
  3. Have heard back from Overdales they have come back with the dates the agreements where entered into, when they defaulted, last payment date and last payment. They also make the point that a payment plan had been set up to repay the debt and enclose these and say I can pay a lump sum or by instalments and offer a consent order and have a limited time to accept their offer. Just wondering what I do next continue to ignore?
  4. Thanks Andy they did send a few statements prior to the claim which included 3 final bills and statements and notice of assignments from Lowell, will this be enough for them to rely on?
  5. Have received a letter from Overdales stating they have received AOS but they do not need to supply agreements as not regulated under the CCA. I see this is quite common from reading posts and why they but these debts. They say they may ask the court to accept that there was a contract based on 'other' evidence, would be good to know what this 'other' evidence is! Do I need to change my defence as I'm using the point that there is no agreement (see above).
  6. I have copied a first draft of my defence. I don't know if its too vague and I should be including more but the particulars of the claim very vague. Draft defence: The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is accepted insofar as I have in the past had contractual relationships with Hutchinson 3G UK Limited, British Telecommunications PLC and SKY UK Limited. However, I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply. 2. Paragraph 2 is denied. I do not recall any breach and therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into the Agreement/Contract; and (b) show how the Defendant has reached the amount claimed for; and show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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 of 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. 5. 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.
  7. I know I still have a week to file a defence but don't want to leave it to the last minute. Is there a template on here to help get me started? Thanks in advance.
  8. Ok thanks will get sent today it says on the template delete parts if not mentioned in the particulars of the claim there is no mention of any documents in the particulars of the claim. It only says 'agreements' the claimant entered into. so should I include this part?
  9. Yes I know its late my partner has just had a baby so have put it off. Is it too late to send now? Yes I did AOS on the 28 of Feb.
  10. Hi, Can't find other CPR letter is there a different one to use for Telecom debts?
  11. What are the next steps to acknowledge the claim and start writing a defence? Is it worth trying to defend the claim as all but one have had payments made within the past 6 years. I was sent some documents from Lowell but none of which look very legit. Any help greatly appreciated.
  12. Which Court have you received the claim from ? COUNTY COURT BUISNESS CENTRE Name of the Claimant ? LOWELL PORTFOLIO I LTD Date of issue – 11 FEB 2022 AOS - 1st march defence filing date : 15th march Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Claim comprises the following Agreements the Defendant entered into: a. Hutchinson 3G UK Limited with reference xxxxxxxxx current balance of £220 b. Hutchinson 3G UK Limited with reference xxxxxxxxx current balance of £370 c.British Telecommunications PLC with reference xxxxxx and current balance of £90 d. Sky UK Limited with reference xxxxx and current blance of £90 The agreeements were terminated as payments were not maintained and subsequently assigned to the Claimant. And the Claimant claims: a)The total of the said sums being £ 900 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from date of assignment to the date of issue, but limited to one year, being £70. c) Costs What is the total value of the claim? £1100 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? MOBILE /TELECOMMUNICATIONS CONTRACTS When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to LOWELL PORTFOLIO Were you aware the account had been assigned – did you receive a Notice of Assignment? LOWELL have sent copies of notice of assignment Did you receive a Default Notice from the original creditor? Can’t remember Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Couldn’t afford to keep up with payments What was the date of your last payment? 2018 for 3 MOBILE accounts, 2017 for BT, no payments to SKY Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  13. Hi, I have received a reply from Overdales! They enclose a final BT bill, and a final bill from only one of the Three mobile contracts but 2 sets of statements for both the 3 accounts listing payments etc I'm not sure who these are from Three or Lowell as they are printed on plain paper. They also say to log onto the sky account to view statements. Just wondering where to go from here do I request more info? As they state if I do not respond they my issue a court claim.
  14. Hi again, Have received a response from Overdales with the 'notice of assignments' for each debt. They also state that they have raised a query with Lowell with regards to the other documents I requested. They also say that the account with Sky can be accessed online. So I suppose it's a case of waiting to see what Lowell say?
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