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Eddie2019

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  1. Hope you guys can help, as head out and need to prepare defence for the below - can you check I have my dates correct for defence to be in? Date of issue –30.8.19 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = 18.9.19 + 14 days to submit defence = 1.10.19 ( HAVE I CALCULATED CORRECTLY?) Particulars of Claim What is the claim for – the reason they have issued the claim? . 1 – The claim comprises the following agreements the defendant entered into; A – Grattan and Freemans plc and the current balance is £578.51 B - Grattan and Freemans plc and the current balance is £962.57 C – Hutchison 3g uk ltd and the current balance of £61.00 The agreements were terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims; A – the total of the said sums being £1602.08 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, but limited to one year, being £126.94. C - costs What is the total value of the claim? £1914.02 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 2 x catalogue and 1 x mobile phone When did you enter into the original agreement before or after April 2007 ? AFTER Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES only with Lowell 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. DEBT PURCHASER Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT AWARE Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? 2016 What was the date of your last payment? Not sure exactly but would have been 2016 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes to catalogue company, was not aware of phone debt as still a customer of 3 mobile. I had on the 11th September acknowledged claim and ticked to defend. Are Lowells able to put together 3 accounts for a claim? As mobile phone and catalogue defences are different?
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