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Csmxx

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About Csmxx

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  1. Brill. Without you guys I would of been lost. But reading a lot of these threads you realise your not alone and that there is people who can give you great advice.
  2. Thanhs dx. I'll have a nosy through the other forums too to get more of an understanding as well as what you suntested.
  3. Cheers DX. if I go through mediation does that mean that I will have to pay the debt? I've read up a little on it but most things I've read have said that a settlement agreement should be agreed within mediation. I've also read somewhere that with mediation that the claimant needs to have all the relevant documentation relating to the debt? So far Lowells has been unable to produce anything so how would that stand within mediation?
  4. received a letter from lowells solicitors saying they had been notified of the defence and will be transferring the claim back to their clients in house legal department. I have also received a 'Notice of proposed allocation to the small claims track' form from the court which I have to complete by 31st of July. the question is now do agree to mediation which im personally not keen on doing or still fight it and go for the hearing?? As of yet I have heard nothing from lowells even though they must of been informed of the defence claim.
  5. Cheers. Also how do I donate to the site? Won't be doing it just yet tilloyds outcome as I may still need some more help, but would like to donate something.
  6. This better? Also when I'm putting my defence in I don't have to put the actual paragraphs I've put up here in red do I? (They just for your benefir) Its just the defence part I put in? 1) the Defendant entered into account agreement with orangeicon under account ref XXXXX (The agreement) 2) the defendant failed to maintain contractual payments required under the terms of the account agreement. 3) the agreement was later assigned to the Claimant (Lowell Portfolio Ltd) on 27th June 2013 and notice given to the defendant 4) despite repeated request for payment the sum of xxx remains due and outstanding And the claimant claims (a) the said sum of xxx (b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue in the summer of £xxx © costs Defence 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with orangeicon. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 14th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Contract/Service Agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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. 9. On the alternative, if 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 crediticon Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  7. Thank you so much for all the help Andy it's really appreciated
  8. Yes Andy I altered point 2 see my last defence post and I'very also noticed point 3 will need removing?
  9. Cheers Andy. I'll get this sent via the online system tomorrow and hopefully fingers crossed will have a decent outcome. I'll keep you updated as no doubt I'll probably need more advice on the next step.
  10. Right final defence, is this OK guys? 1) the Defendant entered into account agreement with orangeicon under account ref XXXXX (The agreement) 2) the defendant failed to maintain contractual payments required under the terms of the account agreement. 3) the agreement was later assigned to the Claimant (Lowell Portfolio Ltd) on 27th June 2013 and notice given to the defendant 4) despite repeated request for payment the sum of xxx remains due and outstanding And the claimant claims (a) the said sum of xxx (b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue in the summer of £xxx © costs Defence 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with orange. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 14th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Contract/Service Agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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. 9. On the alternative, if 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 crediticon Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Cheers Andy so I'll remove the section 78. DX any idea which thread it may be on the one that you say has a better ending?
  12. Just had to change a few things 1) the Defendant entered into account agreement with Orange under account ref XXXXX (The agreement) 2) the defendant failed to maintain contractual payments required under the terms of the account agreement. 3) the agreement was later assigned to the Claimant (Lowell Portfolio Ltd) on 27th June 2013 and notice given to the defendant 4) despite repeated request for payment the sum of xxx remains due and outstanding And the claimant claims (a) the said sum of xxx (b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue in the summer of £xxx © costs Defence 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with orange. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 14th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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 crediticon Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  13. Back again guys. Is this OK as a defence? Defence 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with Orange. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. 5. On the 14th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  14. Thanks Andy I'll have a look later when I'm on a break. Feel a bit stupid asking so many questions that many will probably find pretty standard. Once I've done my draught defense can I put it up here to see if it's OK?
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