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

[tr03bor]

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

[unclebulgaria67]

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 ?

[tr03bor]

Thanks, does anyone else have any info?

[dx100uk]

have you got a claim form yet?

 

please tell us the story.

 

dx

[citizenB]

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.

[tr03bor]

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.

[unclebulgaria67]

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.

[citizenB]

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.

[dx100uk]

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

[citizenB]

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

[tr03bor]

Its the network that has issued the CCJ.

[citizenB]

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.