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Cagney18

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Everything posted by Cagney18

  1. In that case should I send a statute barred letter for the ones I think are statue barred. I'm pretty sure thinking about it that the SSE one is not what should I do to stop resolve call knocking again?
  2. Ok will do thanks. I think I have a couple more with Lowell that they have grouped together I believe those must be statue barred by now. There is nothing in my credit file anymore.
  3. It's been passed to them from Jefferson Capital Aquisition LLC.
  4. I have an old debt from SSE that has been passed to Resolve Call. I had a knock at the door from one of their representatives. I didn't answer but they starting asking my neighbour questions about who lives at the property. Is there anything I can do to stop this happening again? The debt is not on my credit file anymore but I didn't think it was older than 6 years I think I may have more than one with SSE from two different properties, I honestly can't remember. Should I send a SAR to SSE?
  5. Apologies for my previous post, I've actually just found out that Resolve Call are not here for the cat debt but a different debt from SSE that has been passed to them by JCAI. I feel like this will never end! What should I do in this case?
  6. Hi, had another knock at the door today from resolve call I didn't answer but they spoke to my neighbour giving my name and asking who lives at the address. I feel so embarrassed I know they have no power but it's not very nice having someone knocking at your door. This is an old catalogue debt from about 10 years ago which is statue barred. How can I get them to stop? Should I contact them? I did try to contact Capquest who say they no longer manage the debt.
  7. I sent the statue barred letter to Capquest and their reply to it was to contact Resolvecall as it's now managed by them so should I sent another copy to Resolvecall
  8. Had a reply from Capquest saying that the debt is being managed by Resolvecall and to contact them. Should I send the statue barred letter to them?
  9. Had a letter from resolve call a week or two ago for a debt from Capquest for an old catalogue account, I mean about 10 years old if not more. It said not to ignore the letter or they would send someone round. I just ignored it as I thought it was just frightening tactics. Today I had a man from resolve call knock on the door! Fortunately I must have missed him but looking on my ring doorbell he then tries my next door neighbour and then a house opposite surely they shouldn't be doing that? And will he be back?
  10. I have received a date for the case. Do I need to be doing anything in the mean time or just wait to see if Overdales pay the court fee first?
  11. Great thanks. Overdales have stated a telephone hearing as preferred choice should I still put my local county court? Or say phone hearing as well
  12. Have received the directions questionnaire to be returned by the 6th of June. So I have to send a copy to Overdales as well?
  13. Yeah I did stupidly set up various payment plans to various DCA due to all the letters I kept getting hounding me for payments!
  14. 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?
  15. 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?
  16. 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).
  17. 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.
  18. 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.
  19. 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?
  20. 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.
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