Jump to content


tr03bor

CCJ for Phone contract i knew nothing about - help required to set aside Judgment

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2454 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

What legal requirements do mobile phones companies has to fulfill to apply for a CCJ?

 

Do they have to issue a LBA? If so what how many days should they give to pay?

Do they have to issue a termination notice after the LBA expiry has passed?

 

Thanks


If my post has been helpful please click the scales below my username

Share this post


Link to post
Share on other sites

That you owe them for an amount beyond the payable date, as set out in the t&c's in your contract.

 

Usual rules apply about LBA's, as these relate to normal CPR's. As far as I know, before you commence legal proceedings, you have to send an LBA advising why you will be issuing a court claim, how much you believe is owed and by what date you want payment, normally allowing at least 21 days.

 

Don't know about termination notices. Is there any consistent policy for phone contracts ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks, does anyone else have any info?


If my post has been helpful please click the scales below my username

Share this post


Link to post
Share on other sites

have you got a claim form yet?

 

please tell us the story.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Can you advise if a claim has been issued against you - if so, what is the issue date - you will find this top right hand corner of the claim form.

 

Yes, they do have to abide by Pre action protocol although as I understand it, phone contracts arent covered by the CCA1974 act - so they might not have to issue a default notice which is the usual way to start the litigation process.

 

If you can let us know if a claim has been issued, then we will move your thread to the legal forums.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi,

 

Judgement was issued in 2010. Only just been made aware it was issued!

 

What I need to understand is what the Claimant has to do as they are not governed by the CCA.

 

So far this is what I have;

To set aside a judgment against me because;

1. Defendant did not receive a 'letter before action' before the claim was issued.

2. Defendant sent the Claimant a letter on 10/05/2010 disputing the amount due.

3. Defendant sent his new postal address to the Claimant on 10/06/2005, the Claimant did not update their records.

4. While the Defendant did intend to defend part of the claim, he moved address as per point 3, he never had a response, thus assumed that was the end of the matter.

5. Defendant was not aware of the judgement still proceeding at his new postal address.


If my post has been helpful please click the scales below my username

Share this post


Link to post
Share on other sites
Hi,

 

Judgement was issued in 2010. Only just been made aware it was issued!

 

What I need to understand is what the Claimant has to do as they are not governed by the CCA.

 

So far this is what I have;

To set aside a judgment against me because;

1. Defendant did not receive a 'letter before action' before the claim was issued.

2. Defendant sent the Claimant a letter on 10/05/2010 disputing the amount due.

3. Defendant sent his new postal address to the Claimant on 10/06/2005, the Claimant did not update their records.

4. While the Defendant did intend to defend part of the claim, he moved address as per point 3, he never had a response, thus assumed that was the end of the matter.

5. Defendant was not aware of the judgement still proceeding at his new postal address.

 

Definitely do the set aside, but do state the date when you found out about the CCJ and how you found out about it. Judges will only allow a set aside if it done in a timely fashion as soon as it is found out about.

 

Quite often with mobile phone debts, it is a DCA that has obtained the CCJ and not the network provider.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

If it is the DCA, then you should have been made aware of the assignment (selling on to a 3rd party).

 

Almost certainly you should have received some indication that if you didnt pay up, then litigation would follow a Letter before Action usually gives between 7 - 14 days to pay.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

def get that set aside

 

i take it this was lowells?

 

typical trick

 

get an sar off to phone company too

 

prob find its a ll unlawful charges

 

you need to tell us the story.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I have moved you to legal issues and amended the title of your thread slightly in order to attract more assistance.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Its the network that has issued the CCJ.


If my post has been helpful please click the scales below my username

Share this post


Link to post
Share on other sites

Ok, so there wouldnt have been a Notice of assignment, but they should have let you know that litigation was commencing if you didnt pay up.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...