Three Mobile / Lowell / Dryden court claim

[thunderballs]

Hi

 

Can anyone point me to a short but sweet letter to use for all 3 CRAs to give them a chance to remove wrongful/incorrect defaults from my reports?

 

 

Thanks in advance.

[PGH7447]

Dear Cretins

 

remove the wrong data from my file now or else get reported to the info commsioner.

 

[thunderballs]

Hi

 

Got the Northampton Bulk Centre Claim form from the above ,

but I noticed on the Particulars of Claim,

 

it states the following :-

 

"The claim is in the sum of *** in respect of monies owing by the defendant on a credit agreement regulated by the Consumer Credit Act 1974,

originally taken with Three Mobile,

under account number *******.

 

The defendant failed to maintain the contractual payments in respect of the agreement

and a default notice has been served upon the defendant and not complied with."

 

Correct me if I'm wrong, but I was under the impression that credit agreements relating to mobile phone contracts aren't even covered by the legislation they're asserting.

 

Is this true, and if so, have they just shot themselves in the foot by citing legislation that doesn't even apply to the type of contract they're trying to claim for?

 

Also, that means if I send them a CPR 31.14 letter, then am I right in thinking that they'd need to send a copy of the credit agreement (which doesn't exist)?

 

Finally, on the Defence portion of the Claim Form (Section 3), would I need only state that I've submitted a CPR 31.14 request to Drydens, asking them to substantiate their claim?

 

Sorry - I'm new to court claim forms. Genuinely didn't expect it.

 

 

Thanks in advance for any help/advice given.

Edited March 14, 2013 by thunderballs
bit to add

[dx100uk]

they've boobed already...

 

not surprising for lowlife!!

 

moved to legal forum.

 

dx

[thunderballs]

I've just noticed something else about the Claim Form - there's a circular Northampton (CCBC) County Court 'stamp' which looks to be photocopied on and also has no date inside of it.

[AndyOrch]

Has it got a claim number and user password for MCOL ?

[thunderballs]

Yes, but I've not tried to access it online. There's also a phone number on the form, in tiny, tiny typeface.

 

I should point out that this has been previously with the usual suspects before Drydens got it. They've also cited 'Court Fee' of £55 and 'Solicitor's Costs' of £70 on said form, which appears rather excessive to me.

 

The forms in the same envelope were the N1CPC, N9A, N9B, and N9CPC, if that helps. Nothing else was enclosed.

Edited March 15, 2013 by thunderballs
more info

[AndyOrch]

Looks legit then..... You have 33 days in total subject to how you intend to act ( 5 deemed served so 28 ) 14 to acknowledge service and if defending then another 14 days to submit a defence.You can acknowledge service using the MCOL website with the user password provided on the summons once you have registered to use this service.

 

Regards

 

Andy

[thunderballs]

Would the fact that they've cited the Consumer Credit Act 1974 go against them?

 

I thought that mobile contracts were exempt from that act, so how can they say that they're filing a court claim under it?

 

I should mention that I got offered settlement offers previously by the usual suspects, which made me suspect that they'd never try for court.

 

Also, when you say 'acknowledge service', please could you expand a bit more on that?

 

Sorry if I sound unsure, but I'm quite new to all this court-claim stuff.

Edited March 15, 2013 by thunderballs
bit more

[thunderballs]

Hi dx100uk,

 

Please could you explain how they've boobed exactly, and what implications it has on them?

[AndyOrch]

When you receive a claim (summons) the process is that by law you have to Acknowledge Service (AoS)...otherwise the claimant will get judgment by default.The date is worked from the date of the claim so look at the date (add 5 days for service then add another 14 days) that is your AoS date.

 

The fact that they have cited the CCA 1974 is irrelevant really..... for the reason you state they are not covered by this legislation (to a degree).They must follow CPR and act accordingly with disclosure etc.

 

Regards

 

Andy

[thunderballs]

When you receive a claim (summons) the process is that by law you have to Acknowledge Service (AoS)...otherwise the claimant will get judgment by default.The date is worked from the date of the claim so look at the date (add 5 days for service then add another 14 days) that is your AoS date.

 

The fact that they have cited the CCA 1974 is irrelevant really..... for the reason you state they are not covered by this legislation (to a degree).They must follow CPR and act accordingly with disclosure etc.

 

Regards

 

Andy

 

I just find it a little peculiar (not to mention evasive and shifty on their part) that they'd actually state on a Particulars of Claim that it's a credit agreement when it's not, or that they'd say it's regulated under the Consumer Credit Act when it's not.

 

I'm suspicious with this Particulars of Claim, when what they're claiming has no bearing on what kind of contract it's supposed to be, or what act of legislation would govern it.

 

I've been asked on another site why I'd want to send a CPR 31.14 request - basically, I want to find out what information they're relying on in relation to this 'contract', and was wondering if another document would be better suited for this instead.

[thunderballs]

I found this letter online - would this be good enough to send to the 'opposing side'? Sorry for the length of it, but I didn't write it.

 

 

 

 

 

Dear Sir,

 

 

 

CPR 31.14 Request

 

On *** March 2013, I received the Claim Form in this case issued by you out of the Northampton (CCBC) county court .

 

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 each of the following :-

 

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(s) should be available at the hearing.

 

Further, that any general conditions incorporated in the contract should also be attached.

 

2) The Assignment

 

3) The Default Notice

 

4) The Termination Notice

 

Although your claim is for a sum which is not more than £5,000.00, 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.

 

This will be all 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, you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out, or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

 

Yours faithfully

[thunderballs]

I'm thinking, I've scanned the Particulars of Claim (minus any identifying marks , of course) - does this look OK?

 

Once again, many thanks for all help given.

Edited March 15, 2013 by thunderballs

[thunderballs]

Well, Particulars of Claim enclosed - there were three other documents, but this is the important one.

[thunderballs]

Sorry to keep bumping this, but just when you think that you've posted everything you need to post, something else crops up.

 

As the Dryden's claim is in, is it too late to ask for a Subject Access Request and if not, would it be a good idea to add this request onto the letter I posted above?

 

I know - I probably should have asked for this before now.

[dx100uk]

yes do it but to the OC.

 

SAR

 

dx

[thunderballs]

yes do it but to the OC.

 

SAR

 

dx

 

On another site, one of the other members has pointed towards the OFT Public Register, that Three had a full four year gap without a Consumer Credit Licence (between 2008 and 2012), and that they've had no licence to collect debt since 2008.

 

Would that mean that they have no valid licence to be passing debts onto other parties?

 

If that's the case, then would it also mean that any 'arrears' that falls in the 2008-2012 window are invalidated because the other party no longer held licence?

Edited March 16, 2013 by thunderballs

[thunderballs]

I've got an open thread about the above on the Legal Issues board and I've asked this same question there, so sorry to take up too much space.

 

But there's a question I wanted to ask about the CCA, and that aspect might be more appropriate on this board.

 

Dryden's have just submitted on a court claim that the alleged mobile contract falls under Consumer Credit Act 1974 (I already know that it doesn't).

 

This is interesting, because according to the OFT Public Register, Three Mobile didn't have a consumer credit licence between 2008 and 2012, and haven't had a licence to do debt collection activity at all since 2008.

 

Have Dryden's just dropped Three Mobile in it by asserting this on a written court submission?

[BRIGADIER2JCS]

Do they justify the statment re CCA 1974.

They are wrong it is not a regulated agreement and the provider is not licenced.

[thunderballs]

Do they justify the statment re CCA 1974.

 

Thanks for your reply.

 

If you mean have they provided any other documentation, then no.

 

 

They are wrong it is not a regulated agreement and the provider is not licenced.

 

The Particulars of Claim have been posted in the Legal Issues board, where the wording's very clear to see.

 

I'm about to send off a CPR 31.14 letter (which is in the same thread) asking for details about/copies of this non-existent CCA-regulated debt, but being that Dryden's have just made a signed statement of 'truth' to the court, wouldn't this hurt their case and create difficulties for Three as well?

[thunderballs]

Also, please could I ask what do I state to the court once the CPR letter goes off to Dryden?

[Mike_hawk]

Unless i missed something i believe the other side have used the wrong template to file.

 

Assume you acknowledged your intent to defend all?

 

If it were me, i wouldnt request or apply for disclosure until after filing a defence. You can only respond to the stated case and i don't see any benefit in letting it know its poc has no bearing on a service contract.

 

Perhaps use a standard "prove it" cpr compliant cca defence adjusted to suit your case. What was the service date on the claim pack?

[Mike_hawk]

Replied to your pm, please ensure you post your intent and rationale back on here when you've decided what is it you want to do.

[thunderballs]

I'm very new to all this, but in a nutshell, my intent is to defend all of their claim.

 

The SAR to Original Client will be off in due course, but was just trying to get as many expert opinions on how to proceed as possible.

 

From then, I can formulate a best way forward but didn't want to say too much on an open thread just in case 'the other side' is peeping in.

 

 

 

Replied to your pm, please ensure you post your intent and rationale back on here when you've decided what is it you want to do.