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Cagney18

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Posts posted by Cagney18

  1. 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? 

  2. 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. 

  3. 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? 

  4. 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

  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.

     

     

     

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