Cabot split claim on Dodgy Orange debt - ***Claim Discontinued***

[woody1066]

Here are the particulars of the claim:

 

Part of the balance outstanding under a contract made between Orange and the defendant

for the supply of mobile telecommunications services by Orange.

 

To the defendant number xxxxxxxxx the benefit of which was assigned to the claimant on 23rd of September 2011\

 

the agreement was terminated by orange upon the defendant's house make payments to the contract

[woody1066]

Here are the particulars of the claim:

 

 

Part of the balance outstanding under a contract made between Orange and the defendant for the supply of mobile telecommunications services by Orange.

 

To the defendant number xxxxxxxxx the benefit of which was assigned to the claimant on 23rd of September 2011

 

the agreement was terminated by orange upon the defendant's failure make payments to the contract

[dx100uk]

fill this out please

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

[dx100uk]

you say this is a split claim too!

[woody1066]

fill this out please

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

That link does not appear to work

[woody1066]

you say this is a split claim too!

 

Its hard to say

[dx100uk]

you must be logged in for links to work.

 

as long as I send the right link ofcourse!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Part of the balance outstanding - must be a split claim

[AndyOrch]

Any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action...which will add to any defence.

 

Regards

 

Andy

[woody1066]

You have received a claim formicon.

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Capquest Investments limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30th May 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

See My Previous post

What is the value of the claim?£584.99

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No just Solicitors costs of £50.00

 

Is the claim for a current or credit/loan account or mobile phone account? Yes Mobile phone

 

When did you enter into the original agreement before or after 2007?As I never had had this mobile its hard to say

 

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. The debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Not that I remember

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont think so

 

Why did you cease payments:- Not my debt, fraudulent mobile phone contract

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

You may use a CPR part 18icon request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

[woody1066]

Is there a a template for a cpr31.14 request?

[ims21]

In the library here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

[dx100uk]

yes in the library top left tab

 

dx

[woody1066]

Thanks but it is not for a current account its for a mobile phone

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[woody1066]

I am trying to respond on MCOL to this claim but it tells me that either the claim number or password is wrong

[AndyOrch]

Not your user name? check the password and number both case sensitive.

[woody1066]

Ignore that last one I was being hard of thinking. I have acknowledged service and have stated that i am defending the claim

[fkofilee]

Hi woody

 

Make sure you defend every part of the claim otherwise they may get a judgement by default

[woody1066]

This is what is being sent tomorrow. Can somebody check it over for me please?

 

Dear Sir,

 

Re: Capquest Investments Limited v Woody1066 Case No:*******

CPR 31.14 Request

 

On 3RD JUNE 2014 I received the Claim Form in this case issued by you out of the County Court Business Centre

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim: A contract Between Orange and the Defendant

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

[Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence], at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

 

 

Yours faithfully

[AndyOrch]

Are you not asking for the assignment & statement of account?

[woody1066]

They dont appear on the claim form. Am I ok to ask for them?

[AndyOrch]

Part of the balance outstanding under a contract made between orangeicon and the defendant

for the supply of mobile telecommunications services by orangeicon.

 

To the defendant number xxxxxxxxx the benefit of which was assigned to the claimant on 23rd of September 2011\

 

the agreement was terminated by orange upon the defendant's house make payments to the contract

[woody1066]

Ok CPR13 request amended to include the items above and will be posted tomorrow. What happens next?

[woody1066]

Ok it has been 1 week since the CPR request was signed for. Nothing heard back. What is my next move?

[AndyOrch]

Nothing..... start to research defences and prep for yours.