lowells/Drysden claimform - old o2 debt - ** Settled via Mediation **

[AndyOrch]

Hi kp

 

CB has requested I look in on you.Ok obviously the claimant is unaware of of how mobile telecom agreements work and have made errors within their particulars (intentionally or not to assist with their pleadings)

None response to a CPR 31 request is not grounds to strike out or carries any sanctions....the Claimant is only liable to disclose at Standard Disclosure which is further into the process (which they hoped would not happen and you would not defend)

 

Apart from the the above errors what other reasons are you intending to plead with your defence....disputed account/not your debt? If you could provide a little history of the debt.

 

Regards

 

Andy

[AndyOrch]

A simple defence refuting the amount claimed....and the claimant put to strict proof to quantify the amount claimed.It does not require a holding defence.

 

 

Regards

 

Andy

[AndyOrch]

Neither admitted or denied is a sure way to get up the DJ nose and put you on the lower ground.

 

Try" It is admitted that I the defendant have held accounts with the original creditor in the past but will contend that all balances have been cleared."

 

Then question the particulars...that way its not a denial but you put the claimant on notice to disclose and verify its proof.Amend para 2 : - The defendant has absolutely no knowledge of any debt residue and on the xxth xxxx xxxx requested information pertaining to this claim by way of a CPR 31.14 request...the Claimant has declined to respond......get the idea?

 

Most of the above is taken from my previous drafts with the exception of :-3 they are not required to attach evidence MCOL

 

Regards

 

Andy

[AndyOrch]

i believe paragraphs 5,6 & 7 cover the argument of a contract existing, assignment notice and default notice.

 

trying to get my head around paragraph 5 - how would i argue a contract doesnt exist, when it does because i have been a customer before..

 

 

5. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing monies to the Claimant and the Claimant is put to strict proof to:

 

[AndyOrch]

They have 28 days to respond to any defence so you should be back I assume by the time any Directions Questionnaire is/may be processed.

[AndyOrch]

Why emailing ? You can submit on the MCOL using your password on the summons....far more secure and easy...and you can print proof of submission.

 

Defences submitted this way do not require a Statement of Truth.

 

Andy

[AndyOrch]

I'm sure MCOL could rectify that for you but in any case if you email check its been received and no you don't need to send a copy to the Claimant ...MCOL kindly do this for you:-D

 

Regards

 

Andy

[AndyOrch]

Mediation is usually aimed at narrowing the differences within the dispute and exploring your defence to see if they can resolve...not about discounts on the debt.

 

Andy

[AndyOrch]

Depends how long the stay imposed is by the court.

 

Andy

[AndyOrch]

Once you have submitted your DQ it can take 2/3 weeks for the court to respond by way of a Notice of Allocation.

 

Andy

[AndyOrch]

As long has you have proof that you submitted it they can take as long as they wish:wink:

[AndyOrch]

yeah i just tracked the letter, delivered on 11th june

 

[AndyOrch]

Well done KP delighted for you.

 

65% and no CCJ is a victory...a good result.

 

Regards

 

Andy