old Orange debt, Arrow global and court - **WON WITH COSTS**

[rizlajon]

hi this is my first time here and hoping to get help fast.

 

arrow global are taking me to court for a un paid phone bill.

 

ive told court i will defend it and ive sent a validation letter to arrow asking for prove of the debt ( phone bill statements etc ).

 

the bill is for 445.77

 

all they sent me back is a copy of there own made up crap

its got the orange logo on it with orange address etc

but the statement is dated 7 sep 2012

 

now this dept is nearly 6 years old

there are no phone numbers on it or times calls were made..

 

my name is spelt wrong and it also as my middle name initials on it,

i never ever use my or give them to anyone except anything government ( tax papers driving licence etc )

so i know this so called statement is printed by them and its not orginal,

 

the court as sent me a letter saying they have moved the court hearing to court of my choice

and will be letting me know when date to attend...

 

can i send arrow anything saying this it not a true copy,

also i thought with phone companys if u missed a mths payment they would stop all outgoing calls until its paid,

 

this statement shows i never paid 24th fab 2007 £221,43

24th march 2007 £135.75

24th may 2007 £80.01

 

would they let a customer run that long with that much bill..

 

. thanks for ur time in reading this

[dx100uk]

HI RJ

 

 

i've moved your thread to the legal section.

 

help will be along soon.

 

can you check your cra file [see below]

 

what does that say about the debt?

 

you say its almost SB'd

 

when was YOUR last payment?

 

dx

[rizlajon]

i am getting a cra just waiting for password to come from them.

 

i dont know the last payment date untill i look on cra

but arrow global seem to think going by that invice they sent me it was on the 10 feb 2007

but they got showing a credit note of 66.77 on 24th june 2007,

i have not paid anything on this since last payment,

 

i asked them for a true copy of my phone bill statements

 

but all i have to go on is wat they put it is not like the one you get each mth from your provider

[dx100uk]

you can ring orange they should be able to tell you.

 

dx

[rizlajon]

hi again done wat u said and checked my c.r.a there is nothing on it about this debt with orange i only have 4 things on there and i know about, wat do u recomend i do now please

[dx100uk]

ring orange

ask for last payment date.

 

dx

[rizlajon]

hi again. i just rang orange customer services and asked for details of the last payment on account i gave them the account number on the statement of account arrow global gave me as i dont know the old phone number they said they have no records of that account

[rizlajon]

sorry about this im just in a panic cos court date will be with me soon.

[dx100uk]

then IMHO yor defence is statute barred.

 

can you post up those statements

and you said in post 1 itwas ALMOST SB'ed

what told you that?

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[rizlajon]

lol i can just about turn a pc on but ill try to do it

[rizlajon]

i tried to use camera and my phone to do the statement but writing is to small u cant read it ill try the scan way tomorrow

[rizlajon]

my files wont upload it says invalid file image tried from my camera and phone

Edited September 30, 2012 by rizlajon

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[rizlajon]

still cant get it to upload,, , do i ring the court and tell them this is in dispute and there are no records of the debt on my credit report or with the original creditor orange i dont write to arrow and tell them that do i i take it thats my weapon in court

[dx100uk]

no dont tip arrows off

 

how did you get the SD by post?

 

dx

[dx100uk]

sri this is not an sd is it?

 

its a claim form N1?

[rizlajon]

sorry not sure wat u mean by sri and sd ,,,,,, i first had a claim form an allocation questionaire come through from northampon courts i acknowledged it on the net and said i wanted to defend all of the claim cos i have no knowledege of the claim or the debt. then i sent arrow global a validation letter asking for copys of the original munthly phone bills that shows the bills,

 

Dear Sir/Madam

 

I am requesting 4 documents from you.

 

1. Validation of the debt( the actual accounting)

2. Verification of your claim against me (a sworn affidavit or a signed invoice)

3. A copy of the contract binding both parties

4. all invoices phone bills showing this debt

 

I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement and all phone bill statements on request.

 

Your obligation also extends to providing me with a statement of account... I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

I would emphasise that I will contact Trading Standards if you do not supply me with my requests. and will be seeking legal advice as soon as i receive this information. i also request that the information is sent back to me by recorded delivery

 

You’re sincerely

they sent me back that invoce i said about but it was not recorded delivery so i could say i never got it lol, then i had another form from courts the one where u can change courts of ur choice and do u want to track etc, i filled that out and changed courts. then a letter came through ,,,notice of transfer of proceedings it says a defence to this claim has been filed. if the defendant is an indivdual the claim been transferred to the court covering the area where the defendant lives .the case will be referred to a district judge and you will receive directions regarding allocation in approximately ten working days please wait the judges directions,,,,, not had anything els or heard from anyone .. could u explain that bit wat will happen next ,,,, thank u very much for putting up with me and this post DK100UK

[rizlajon]

O and they never sent me the monthly phone bills just invoice should i write and ask them again for the monthly bills showing the debts not a invoice as i know they have not got it cos orange as no records of me or my account

[dx100uk]

you cant CCA a mobile phone debt

 

there is no credit agreement.

 

dx

[citizenB]

If you have received an allocation questionairre then a defence has already been submitted ??

 

 

 

When was hte claim issued - when did you acknowledge claim - when did you submit defence.

 

When did you receive the allocation questionairre ? This is usually issued from a local court.

[rizlajon]

but can i still ask them for proof of the munthly bills not just a invoice.,,

 

,, think i may of boobed up not sure cos ive never done this before.

 

when i had the claim form i had to responed by 24th 8 2012

 

i said id defend the full debt no line with a letter saying i do not know who arrow global are never had any debts with them.

 

can they prove i owe this debt,

 

then i had second form small track allocation questionaire

thats when i sent a validation letter to arrow global and sent one with form showing court wat i sent.

 

then the last letter came..

 

,notice of transfer of proceedings

 

it says a defence to this claim has been filed.

if the defendant is an indivdual the claim been transferred to the court covering the area where the defendant lives .

 

the case will be referred to a district judge and you will receive directions regarding allocation in approximately ten working days please wait the judges directions,,

 

,,,so will i still go to court to defend my self or will judge make his own mind up,,

 

i dont own orange anything and arrow are trying to stitch me up

[rizlajon]

sorry about this u guys

Edited October 2, 2012 by rizlajon

[rizlajon]

id appreciate any info on wat to do next please

[caro]

You would definitely be best to go to court to make sure that the judge fully understands your side of things.

 

When is the hearing? Does the paperwork from the court give any instructions about anything you need to do beforehand?

[rizlajon]

no just last letter i had,,

,,notice of transfer of proceedings it says a defence to this claim has been filed.

 

if the defendant is an indivdual the claim been transferred to the court covering the area where the defendant lives

 

.the case will be referred to a district judge and you will receive directions regarding allocation in approximately ten working days please wait the judges directions,,,

 

,, not had anything els or heard from anyone

 

. wat ever that means