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About tearsvoice

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  1. Dear dx, I did read lots of other thread, I actually searched a lot, and know you did told on other thread about the mediation to the call stage, then tell them on the phone that I dont have all the information. But when I got the email of the mediation invitation, on the email said unless I tick all the 3 statements then I can reply the email for the medation arranged call. I got confused , that is why I think I should double check with you if I should say YES to all 3 statements which will bring me to the mediation phone call.... Thank you very much dx.
  2. OK I will answer NO to statement 2 and reply the email, because they never give me the contract. Thank you dx100uk
  3. Dear all, update: I got email of Small Claims Telephone Mediation Service for the mediation on 11 Jan 2019 and said the following information. I am not sure should I answer YES to all these 3 statements and request for a mediation call, then during the mediation call i told them I dont have enough information then mediation failed? OR should I answer NO to statement 2 to reply the email, means mediatioin failed automaticaly? Thank you so much for all the help. Happy new year "A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email" Please read the following 3 statements: Yes No 1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? 2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate 3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable) Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case. If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to xxxxx
  4. Update, Received court letter this morning. Dated 29 november 18 NOTICE OF PROPOSED ALLOCATION TO THE small claimsicon TRACK 1. This is now a defended claim. The defendant has filed a defence 2. It appears that this case is suitable for allocation to the small claimsicon track. If you believe that this track is not the appropriate track for this claim, you must complete box C1 on the Small Claims Directions Questionnaire ( Form N180 ) and explain why 3. You must by 17 December 18 complete the Small Claims Directions Questionnaire ( Form N180 ) and file it with the court office ... and serve copies on all other parties " From reading other post, I think i should do the following: Yes to Mediationicon Yes to small claimsicon Track State your local county courticon 3 copies 1 to court 1 Lowell solicitor [minus email/sig/phone 1 for myself file BUt I still not sure of some questions: 1: should I post it to court and lowell solicitor on 17th Dec? or should make sure they receive it before 17 Dec? 2: can i post it using normal second class or must be record? 3: "Expert evidence, are you asking for the court permission to use the written evidence of an expert?" should I say NO? 4: "For the medication to be success ful there needs to be some flexibilityfrom all parties and a willingness to listen and consider each other's ppsitions. Can u agree to this?" should I tick YES? "i CAN CONFIRM THAT i HAVE ENOUGH INFORMATION ABOUT THE CLAIM, TO ALLOW ME to enter into negotiation." actually i did not get something like contract with 3 G, but should I still tick YES here? Thank you very much.
  5. I have sent the Claim Response via email to CCBCAQ@JUSTICE.GOV.UK. Hopefully I wont get CCJ at this stage. Thank you dx100uk. coz my poor english, I need to check the meaning of " i'm out in a very remote part at present an the internet is in/out like the wind [chasing sheep that have become stranded over the peat marshes " sad sad. i think I need to read more English newpapers. Btw, I really like the way you talk in a humorous way, relaxed my nerve. Super. Now await for court reply to see what is the next. Thanks again dx100uk and Andyorch.
  6. You are super dx100uk, I was still try to reading and understand all the paragraph (poor english). I will copy the yours, and print it, sign it and then attached together with the Defence Form (Defence section in the form is not enough for hand writing), then scan and send to court? Thank you dx100uk.
  7. 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. (my poor English, not sure should I change anything of this) 1.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. (my poor English, not sure should I change anything of this) 2. Paragraph 1 is accepted. I have, in the past, entered into a contract with 3 Mobile (not sure should I accepted it or not, because I could not remember), however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received. 3. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 26 July 2018 from my cpr31.14 request. This is the first time i have seen this letter. . 5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore Pre Action Protocol (not sure about Pre action protocol, but I received Letter of Claim 03/06/2018, then I sent back with reply form and CCA request) was never attempted and should be considered in deciding the outcome of their claim . Therefore the Claimant is to provide strict proof to: . (a) show how the Defendant has entered into a 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; . 6. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. . 7. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. . 8. As 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. . 9. 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. . 10. 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
  8. Dear dx100uk, I called court again just now, they said if I dont know the password they could not give me, the only way is to respond the claim via email (I have got it) ASAP today, otherwise CCJ may issue soon. They also said it is too late to response with the Acknowledgement of service, They advise me response with filled Defence form ASAP. I am going to fill in the Defence form and defence all of the amount and scan then email court, but not sure what to fill in the defence section? I do read some other posts, but forgot what do they put in the defence section to be successful...
  9. Dear dx100uk, Yes I do have the claim number which is on the Letter from Lowell, I use this claim number while I called court. There is no password in the additional information pack. All the documents court send me via email are "claim" and "response form", I have attached the 2 emails in the previous post. Should I call court again to ask password? what is the password for please? Is it a account for the court website? Sorry, No idea of this
  10. Dear dx100uk & Andyorch, I ring the county court again, they said the 1st email sent yesterday is the N1 (I have attached in my previous post- "court 1st email...." ) and the issue date is 1 Oct 2018, they said luckily I havent been issued CCJ yet, but 14 days timeline been past, I need to response ASAP, I can response court via email though. How should I response it please? Which page should I fill in please? Thanks a lot for your help.
  11. Dear Andyorch, OK I will ring tmr again to ask copy of N1 (what is this ? ) and issued date. Thank you Anyorch, have a good night.
  12. Dear dx100uk, I called court today and told the claim reference on the Lowell Letter, and told them I did not receive the claim at all, Court send me 2 emails(attached), the 1st email it is about the claim and claimant, but seems it is not the full information? because there was no issue date of it So I don't know the time frame, should I respond it by 24th Oct in the previous Lowell letter? OMG it is the day after tmr.... ..Also it seems not completed of the claim amount as well???.. ...The 2nd email is about the respond forms (seems not in order) How can I do next please? Name of the Claimant ? Lowell Portfolio I Ltd or Hutchison 3G Uk LIMITED?? [- no they've sold it on -dx] Date of issue – Don't know, did not receive claim in paper Have not done any response to the claim Particulars of Claim 1) The Defendant entered into an agreement with Three mobile under account reference ….. 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The right to collect the outstanding balance was assigned to the Claimant by Hutchison 3G UK Limited on 29/02/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £385.51 remains due and outstanding. And the Claimant claims The said sum of £385.51 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, accruing at a daily rate of £0.084, but limited to one year, being £30.84 Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received the Notice of Claim Issue letter from Lowell Solicitor on 01/10/2018 and Notice of pending County Court Judgment from Lowell solicitor on 14/10/2018 What is the total value of the claim? 501.35 Is the claim for -mobile phone account When did you enter into the original agreement before or after April 2007 ? 14/01/2013 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes 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. Lowell issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Lowell first said they purchased the debt, then sent a letter that it was not factually correct, as they acquired the right to collect the debt Did you receive a Default Notice from the original creditor? no, when I requested it. Lowell solicitor replied:"Default notice is a technical document that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a Service agreement and not a Credit agreement, a default notice does not apply and is therefore not issued " Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? don't think so, havent found any letters Why did you cease payments? I could not remember this agreement and also for financial difficulties reasons, otherwise will just pay it to avoid all these annoyings. What was the date of your last payment? could not remember at all Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial ?no court claim -1st email regarding claim by claimant.pdf Court claim 2nd email.pdf
  13. Hi dx100uk, thank you so much. I will ring it tmr first thing in the morning, and will update here. Wish you have a nice evening.
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