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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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3 mobile cancelled my contracts

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Hi,

 

I took out a contract with 3 mobile over 3 years ago, my husband had one with them too, we had financial issues and about 18 months ago went with a DMP, the mobile bills were being paid as normal (monthly by DD), my husbands phone got cut off so I took out a 2nd contract so he would have a phone for work, anyway about a week after taking out this 2nd contract and paying a £100 deposit they cut both my phones off due to the DMP..now over a year later they are demanding through a DCA the charges for teh line rental (no problem with that although £28 for a week is excessive) and the disconnection fee for breach of contract.

 

I am willing to pay the rental for that week and any call charges but I never had a letter of notification of disconnection or anything just got up one morning went to use my phone and nothing...not even the other phone..both phone disconnected.

 

The newer contract, as I said was a maximum of 10 days old but arranged and paid for over the phone. Is there anything I can do?

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Difficult.

 

If you enter into a DMP, many firms look upon this as a parallel track to personal bankrupcy- and as you know in the latter case you are prevented from opening accounts and services without due disclosure.

 

Many contracts are clear that they will terminate the contract if the account holder is bankrupt 'or enters onto any financial arrangement with ther creditors'. Effectively, by opening the account whilst a DMP was active, you broke one of their rules, and the as such the contract was cancelled. This has the downside that any terms for early termination will work against you.

 

It mightr be possible to argue that it was the provider who cancelled, then you should not be responsible for their actions - but they could offer a rebuttal to this is the cxontract was entered into AFTER the DRM was created. Too close to call.

 

It will show on your credit file - and this is probably why the network cancelled it.

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the problem is that the 2nd contract was taken out over the phone, days before they cut me off, they had cut off my husband already but left my original contract running until they did cut me off, so obviously no contract to read through the T & C and this was not explained on the phone. They were obviously aware of the DMP prior to me taking out the 2nd contract as they did a credit check on me to get that phone and I had to pay a deposit, and they never asked about a DMP..

 

I had held the first contract for 18 months prior to going on the DMP and they allowed me an upgrade on it too...

 

but yes the 2nd contract was entered after the DMP was created and they obviously knew about it as was shown by them disconnecting my husband and then me a few days later.

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How this will play out is anyone's guess - certainly, if you claim you acted innocently and haver not been seriously disadvntaged through no negligence on your part might lead to a slightly better resolution.

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how exactly do I do that? and surely as they cancelled less than 14 days after I took out this new contract they have not allowed for the cooling of period and thus negate the 18 months worth of contract fees they seem to be claiming?

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The cooling off period is for YOU, not for them. They still have rights to terminate adversely if they suspect the customer is breaking their terms - no need to wait Day 15 to dawn.

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thanks Buzby

 

ok but as I didn't get to day 15 before they cut me off the agreement has not been validated fully by them surely, and had I received a copy of my contract then stating a DMP was not acceptable for the continuation of the contract I would have cancelled it.

 

Even so I got disconnected as did my husband with no notice in advance. when I spoke to trading standards just after the event they told me the DMP was not a good reason for 3 to cancel the contract with or without notice and that 3 have breached their contract not me.... (the reason Trading standards were involved was because they kept disputing my deposit, saying they couldn't find it, even though it was paid on the card over the phone when i took out the second contract, then they conveniently never received emails with a copy of the bank statement either). so if trading standards say 3 breached the contract. and I did not hold the contract for more than 10 days at their discretion where do I go from here and how?

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Sorry no - there is no 'validation' period. This is a simple service contract, not a credit agreement that requires a number of additional safeguards.

 

Afraid TS is talking absolute nonsense - which is about right for them. Why not ask TS to tell you how the contract could be in breach by the network if they haven't read it? TS may be well meaning, but often misguided. I've already outlined how a service contract can be ended by indirect action (bankrupcy/DMR) and I know from memory your network does have this clause.

 

Your contract was rock solid from Day 1, but providing it was new and not an upgrade, YOU could have terminated and enforced a relaease to Day 14 - but as they did, that becomes academic. Sorry.

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But surely as they had already done the credit check prior to sending the phone and giving me the contract they are at fault as they were obviously aware of the DMP when I applied for the new contract?

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It's really their ball - you'd get nowhere trying to assert that it was all their fault because they didn;t refuse you a contract earlier! The way the system works isa there is a pre-check, that confirms the customer is who they say they are - this can be undertaken pretty quickly, either on-the-spot or within 48 hours. There is a further check, actually interrogating the credit file, which may be flagged with a marker that requires them to review it manually - perhaps due to a consumer-entered 'notice of correction' or similar. This requires manual intervention, so could take as long as it takes to complete - trying to shift this blame onto a company because they didn't do this in a timely manner wouldn;t hold water.

 

As I said - I cannot see any hope of you finding the company erred in offering the contract then withdrawing it - that remains their right under the T&C's. Your best tack is the unfairness, and it is to THIS you need to complain to them in writing about in the hope someone sees your PoV.

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