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C78

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  1. I was hoping you'd say that. So it comes across like they're hoping I'll still give in and pay something rather than risk court. I have bugger all to give them right now anyway so I'm hoping this is them beginning to fold sending a begging letter.
  2. When I log in and check it's still just sat there the same as it was before. The last thing on the history is listed as my defence being received on 19/10/2017. This is from the transactions box... A claim was issued against you on 20/09/2017 Your acknowledgment of service was submitted on 02/10/2017 at 13:18:31 Your acknowledgment of service was received on 02/10/2017 at 14:01:45 Your defence was submitted on 19/10/2017 at 11:49:50 Your defence was received on 19/10/2017 at 14:01:48
  3. I don't actually know. The last I hard was back in November sometime. The court wrote to me to say they had received my defence and would inform the client. Restons then wrote to say why am I even defending as I'm bound to lose etc etc. Then heard nothing for over 2 months until this Restons letter. Should I try and log in to the site which I filed my defence on?
  4. It just says upload of file failed. I don't know if it's saved properly as when I try opening the pdf it says something is keeping this file from opening too. I'm sure I've done it the same way as last time though.
  5. I've heard nothing since I last posted (over 2 months I think now) a letter appeared yesterday from Restons again. Seems like they're flapping about paying the court costs and so hoping I'll bite on them offering me a reduction. They also say I can still offer to pay in instalments and have until March 2nd to respond. If I wish to do neither then they'll still look to take it to court. I've added the letter in here for everyone to see. Am I right in thinking (or hoping) that they're on the verge of folding and are scrambling in the hope I'll pay something before they give up? I'm struggling to attach the letter again it seems. I saved it to pdf and tried attaching but it says failed to upload each time again.
  6. The Restons letter? Hopefully it works this time.... reston letter.pdf
  7. Thanks dx. just file it in the bin and completely ignore them then?
  8. Thanks for the info there. I have just found a lovely letter from Restons. Felt the feeling of doom as I noticed the address on the envelope. The letter is saying they see I have filed a defence to the court where I state that I haven't been provided with a copy of the agreement with EE. It says I acknowledge I had an account with EE so I will have been provided a copy of the agreement by them (even though it was in 2008!) so they fail to see why I would need to inspect a further copy of this. It then says I will have had access to bills during the lifetime of my account with them to see how the debt has been accrued and why there remains an outstanding balance. They suggest then that I should check my own records by providing me my account start date in 2008 and account number on this letter and go on to state that they believe my defence has no real prospect of success so they will recommend that their client makes an application to strike out my defence and enter judgement against me for the full amount plus legal fees and costs. If I wish to avoid this then they want me to again fill in an N9A form that they've sent with this letter offering some form of payment and withdraw my defence within 14 days. Going off what I've said here about the fact I now have a phone book from EE with all those bills and costs on there, what should I do here? I can see this is obviously another threat hoping I'll cave in and pay them and they're hoping I panic at their wording of me losing and paying out even more in the long run but I'm still sweating a little about not having a leg to stand on in court if it gets there. I appreciate what you've said above but will Cabot not have accessed this info that I now have? At this point I'm either paying something or hoping that their refusal to provide me details will somehow bail me out?
  9. Just to update you on what's happening. I received a letter from the court days after submitting my defence acknowledging that my defence has been filed. It says they will let Restons know and await their response which is the standard routine here no doubt. The only thing I will add is that I've also received a phone book sized package from EE with all the details in that I requested, old bills etc. It now seems as though in 2014 they were sending bills which my girlfriend at the time was obviously intercepting as I've never seen these with the figures going up and up and up before. As I said at the beginning, she took charge of dealing with the account when I lived there and had 2 extra sims added onto the account which I had been using with EE for years before (and never had missed a payment with) I can see now itemised bills for calls and texts outside of the free minutes and bills racking up. I can't make much sense of it as there's huge lists of calls for seconds and callbacks within a minute or two etc loads of times I suppose that's besides the point. Overall I'm now nervous that seeing as EE have provided me with proof of an account in my name that has run into huge debts, does this mean I'm screwed if this ends up going to court as I can see a few people on these threads have? I didn't see these bills and once I left her in December 2014 I never heard anything at all no doubt they were sending them to hers (she still lives at the same address) and she's just binned the letters as she still maintains she never had any. Now I'm worried that EE providing me all this information (it also says how they wrote it off but then sold it onto Cabot in August 2016 like they have claimed themselves) means I'll be stuffed in court as Restons/Cabot are correct in what they say it would seem. Regardless of me not knowing about the debt or hearing about it, to all intents it has been run up in my name even though I didn't know, there is now proof there from EE which would stop me from saying there is no debt. Even the figure is massive because it seems to be a lot of calls that were paid in part then stopped it's a combination of the unpaid calls then a couple of months of large line rental fees added on. Getting all that has totally deflated me as I now worry that I've been completely shafted by my ex and I'm going to end up swallowing the whole lot. It seems like all I can hope for is Restons giving up before it reaches court then going off other threads I now have barely any hope that they will. Someone please tell me I may be wrong
  10. I have filed my defence now. Will wait to see what happens next. Thankyou both for all your help up to now. Keeping my fingers crossed they get cold feet before it gets any further but we'll see I guess.
  11. I can see where it's been worded removing that part now, thankyou.
  12. I'm going to submit this today before the deadline tomorrow. It's the 4th point I'm still struggling with, I'm happy with the rest. See I want to leave the a, b and c points in as they still fit but I'm unsure seeing as I had that brief spell of letters and calls from Cabot in August. I feel like I can't say they didn't try to contact me at all before going for a CCJ with that happening, even though I didn't hear anything for years up until then and all the rest is hazy. Thinking back, it wasn't even EE that I first started with as it was T-Mobile at first I think, then Orange. It was EE at the end probably but it's all very hazy now. I'm wondering do I go with what dx said and just leave it in or do I have to change the 4th statement some so that I can still leave in the 3 points underneath it which definitely do apply. I have no knowledge of how this got to the figure it did for certain so that has to be in there.
  13. Thanks Andy that looks much better. In regards to number 4, can I say that with me getting letters from Cabot in the last month or so before I got the Restons court threat can I really say that I had no contact from them before this claim? It doesn't really fit but I don't know if I'm best just removing that altogether and going with the rest or not. I had no contact for years (although I have a feeling letters could have gone from EE and then Cabot before to an old address, just I have no way of knowing now) but did start getting letters about a debt of £758 from Cabot in August this year out of the blue and phone calls which I never answered too (kept getting recorded messages left on my voicemail) as I say I wasn't about to I can't really leave in that I've heard nothing until court (unless you advise me to) but at the same time did not personally ever hear anything from EE before this (unless as I say, that's because they were writing to an old address) so I'm not sure on that section. Everything else looks perfect.
  14. So I have until Friday to send my defence. I'm still pretty overwhelmed by all of this stuff at this stage but after looking through I'm hoping this is the wording that best fits my situation based on other threads...Please bare with me if I've missed anything or this needs much work. Particulars of Claim. The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Everything Everywhere dated on or about Jun 23 2008 and assigned to the Claimant on Aug 26 2016 What is the value of the claim £758.05 Defence 1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; 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 Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. 5. The amount claimed will likely to 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. 6. 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. I'm not sure if I need any details of the claim added in above this when I submit my defence and after looking through it's only really point 4 which I'm unsure if it fits my circumstances or not. I wanted to get this on now though so I have time to edit and tweak properly before leaving it until the last minute. Overall I agree that I remember having a contract with EE in the past (so actually the wording on point 1 may be a little out, maybe it should state that I recall an agreement but not the default or figures?) but I can't agree with the default situation not knowing what happened and with not hearing anything about it for years afterwards until we got to this stage suddenly. I certainly dispute the figures as they have to be massively off with termination charges and charges added on by Cabot unknowingly to me. Seeing as Restons refuse to send me any of the original details or figure breakdowns to show me how they've arrived at the extortionate figure they have, I'm guessing this is outlined in points 3 and 5. I've yet to hear from EE but they are still within the 40 day timeframe of course so I literally only have Restons letter that very briefly states the contract and termination dates and the overall figure which they claim I somehow owe. They seem to think that's all that needs to be provided but only a fool would pay some random huge figure without a breakdown of costs even if you admitted guilt, which under the circumstances I'm obviously not. I thought I'd break this down again here as I'm unsure if there is something I've missed out which should be on the defence or if I've got something in there which shouldn't be (as I say number 4 is the one that I'm most uncertain of) Hopefully all this makes sense as this is the stage I was most nervous of being honest, knowing how to submit all this information in the correct manner to the court.
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