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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. 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 any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, 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 and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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noomill060

Orange Home Phone- breach of contract

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Ive had a contract with Orange for broadband for years.

 

The Live Box router has a socket to plug a phone into. The deal in the broadband contract is that you get free calls through Orange.

 

Except this feature has never worked for me. Contacted them several times, but theres nothing they can do. It doesnt work and they cant fulfil this part of the contract.

 

Ive now left Orange.

 

I gonna sue them for the cost of all the calls I have had to pay for using my BT landline, which had they been able to fulfil their contract, would have been free.

 

Anyone else had this problem?

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Guest Old_andrew2018

Good luck,

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I don't know the particulars but the free calls normally only work by plugging your telephone into the livebox. The free calls are made through VOIP (like skype) over your broadband connection, this can only be done by plugging your telephone into the livebox. This does mean that you have a different telephone number for the phone plugged into the livebox but you can just plug another phone into directly into your telephone line (which should be used for receiving calls only).

 

As you have left Orange this is not much help now!

 

But if you were unaware of this issue or were not told of this despite seeking advice, and you have already complained to Orange without resolution it may be worth contacting the Alternative Dispute Resolution scheme, every telephony company should be party to one and you can ask Orange which one they belong to, more information can be found here:

Submitted complaint to ADR scheme | Ofcom

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Hi dial, yes.

 

I plugged my phone into livebox as soo as the system was set up and working. No dial tone, just an empty sound as if there was something there, but as no dail tone I couldnt make calls

 

Phoned customer services, but there was nothing they could do, or could be bothered doing.

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I guess they must have tried replacing your livebox, in which case if they still couldn't provide you with the service, as advertised, then you should have been able to liquidate the contract (they have an obligation under the terms of service to provide you with a 'reasonable' service or something to this effect and explain what this means- I'd check their terms and conditions for the exact wording) and because they were unable to fulfil the service that you signed-up for given you a refund for areas where they failed to meet their own terms.

 

I would advise that you try sorting this peacefully first, giving them copies of the evidence and your bills (you can make an information request to them if you don't have these) all by written correspondance (paper trail). I would also work out how much they owe you (remembering that 08, non-orange mobile calls and some international calls are not included in the free calls livebox service). Then if this is not resolved see if the alternative dispute scheme will take your case and if this is unsuccessful take them to the small claims court.

 

Remember taking a firm to court should be the last route to take, when all others are exhausted.

 

Good luck!

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Thanks dial. :)

 

No offer of a replacement Live Box or any offer of help whatsoever.

 

This wont be the first time I've offered to show Orange the inside of a courtroom.

 

The last time was to recover unlawfully applied late payment charges, which they wisely settled before the hearing.

 

I find that the County Court system is the most effective method to achieve satisfaction against large companies.

 

7 day letter before action

 

file claim

 

(naturally after calculating damages accurately and constructing a suitably worded, pursuasive POC)

Edited by noomill060

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I've just googled "Orange small claims" following a nightmare with the comapny over the last few weeks...we were never provided with the "service" we signed up for (being the phone and broadband package), and after 7 hours on the phone to them over the last few days have finally got out of our contract without incurring any costs (although i wil believe it when I see it!)

 

We pulled them up on clause 1.3 of their Terms and Conditions (off the top of my head, I believe it comes down to them having to notify YOU if they cannot provide the service. As we had received no notification of any difficulties in setting up the phone line they were clearly in breach), we also called them up on a couple of other similar clauses...

 

Once we started quoting their contract to them, the worse than useless Customer Service team (and I do use that term losely) backed down, and put us through to escalations. Once through to them, we reiterated the Terms and Conditions, and threw in words like "breaches", "negligent" and "small claims", which seemed to do the trick.

 

I wish you good luck, but if they were anywhere near as useless with you, then I really dont think you'll need it. They don't keep records of emails sent, or calls taken and, therefore, if they were having difficulty in supplying the service to you, they will be hard pushed to provide evidence that they did notify you of this.

 

Hope that above all makes sense and will apply to you!

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Getting interesting now.

 

Cancelled in November and migrated to 02, so bye bye Orange. (Or so I thought)

 

Received an Orange bill in January for January. which naturally I ignored

 

Received a £5 penalty in February for "late payment" of January's "bill"

 

Now got DLC chasing me for fake debt of £29.99!

 

Sent LBA to both Orange and DLC today, also sent a sar to Experian to see if they have trashed my credit file over this.

 

If they have, they are about to enter a world of pain...:D

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