DLC/Aplins court paperwork orange mobile debt

[pike]

Had a orange phone last year they cut me off as was late paying the bill and customer service was not contactable on the 150 as calls were barred.they cut me off so thought nothing more of it

 

DLC wrote to me asking for payment contacted orange as was going to pay them not DLC but they refused to accept payment and i refused to deal with the debt collector.

 

I have now received a claim form from Northampton bulk center

 

The claim is double to what shows on my credit file!

 

Particulars of claim

 

The claim is for call and service charges due and unpaid as at todays date under a network services contract made between the claimant and the defendant .

 

 

How is the best way forwards on this i have acknowledged the claim just need a deference if there is one?

 

Orange were the one that barred my phone at the time for around a £50 bill surely they broke the contract and now trying to charge for something they not providing

 

Thanks for your time

[pike]

[postggj]

what was the contract length and how long were you into the contract term

[pike]

i think it was a 24 month contract if you can call it one as i doubt there is any paperwork to back them

 

they have broken the contract by barring phone wile charging for something they not providing

 

firstly orange would not accept payment as have to pay the debt collector but i refused that as ant contract is with orange

 

now they claim more money or get a ccj blackmail in a way ?

[postggj]

how long were you in contract before they barred your phone

[pike]

18 months or so court claim is for around £500

[postggj]

How much was the monthly contract payment, that's minus calls, the minimum you were contracted to pay each month

[pike]

£50 a month

[postggj]

so you have a bill of £300 to the end of the contract, plus VAT. The remaining £200 must be charges

 

the problem is that you signed a commercial contract with orange for 24 months. You are obligated to the terms of that contract to pay £50 a month

 

you broke that agreement by not making a contractual monthly payment

 

i would be sending the claimant a request under CPR 31.14 for a copy of the airtime service agreement with terms and conditions, a fully particularized schedule of costs as to how the £500 quid has been incurred

 

i take it it was DLC who issued the claim and not orange

 

did you receive any letter before action or any notice of assignment

[pike]

i got the normal we may might and if letters

the court paperwork has the claimant as Orange personal communications

Debt recovery team

 

Address for documents and payments is Aplins

 

looks like i will have to pay in this case if there is no deference

[postggj]

that's your defense then if orange refused to accept payment

 

did you get any formal letter before action letter saying pay up in 14 days or we will issue a court claim

[steampowered]

Can you type up the particulars of claim or post a scanned copy (with personal data removed)? Need to know more detail about these "service charges".

 

A nice first step would be a CPR 31.14 request to get a copy of the network contract if you don't have it already.

[pike]

Thanks how do you go about a CPR13.14 request please

 

Got the letter saying they may do the CCJ and i it is awarded and costs

 

Particulars of claim

 

The claim is for call and service charges due

and unpaid as at today s date under a networ

k services contract made between the claimant

and the defendant .

 

That is exactly how it is written on the paperwork

[steampowered]

There is a sticky with an example CPR 31.14 request here: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage. I think you need to ask for a copy of the contract, notice of assignment to DLC and a breakdown of the unpaid calls and service charges.

 

Watch the deadlines. Sounds like you have filed an acknowledgement, so 28 days from service of the claim form to serve your defence. If they don't reply to your CPR request in time you will need to file a Defence based on the information you have and explaining that their POC is inadequate.

 

That Particulars of Claim are incredibly short. Their letter says they want costs, but if it is not in the POC they won't get it (indeed there are usually no costs in the small claims track for claims below 10k).

[postggj]

No notice of assignment to DLC

 

orange are the claimant

[pike]

Having sent off the CPR 31.14 request to Aplins have got a letter from DLC

 

We are still awaiting a copy of the network services contract from the original lender and will forward it to you in due course.

We confirm your account will remain on hold until we have done so.

..............................

............................

Should you require an extention of time to file your defense pursuant to part 15 of the

practice directions we will consent to a extension of 28 days

 

Will see if they come back with anything or drop it with some luck

[steampowered]

Even though they say the account is hold, do keep an eye on those deadlines - best to respond saying you accept their offer for an extension of 28 days and file a defence within that deadline whether or not the documents have been provided.

 

If the 28 days expire you either need to file your defence or ask for the proceedings to be formally stayed. The maximum extension the parties can agree between themselves is 28 days anything more than that needs court permission, and if you have not filed a defence in time there is a risk they will try to get default judgment.

[postggj]

You need to inform the court of the extension as to cpr 15.5

 

send them a copy of the letter alpins sent agreeing to the extension