T Mobile Bill after 2 years ** DISCONTINUED **

[citizenB]

Morning, claim details are

 

Part of the balance outstanding under a contract made between EE ( T Mobile ) and the defendant for the supply of mobile telecommunications services by EE ( T Mobile ) to the defendant account number xxxxxxx the benefit of which was assigned to the Claimant on 21/12/2012. The terms of the contract were breached upon the defendants failure to make payments due under the contract. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

Any payments should be directed to the claimant HLLC.

 

Not quite sure what they mean by "part of the balance". Surely if they are bringing a claim, then it should be for the full amount.

[citizenB]

Ok,

 

Date of issue - 5th June + 5 days for service = 10th June + 14 days to acknowledge claim = 24th June + 14 days to submit defence = 8th July.

 

So you have a little bit of time in hand Just make sure you acknowledge the claim online by the 24th June. Once you have let us know what the claim is about then we will be able to advise if you need to ask for further information etc. I have sent out an S.O.S for you as well.

 

I think you should send the following CPR request for information. They mention both the "contract" and the "assignment". So we can ask for these.

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) 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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the contract mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

 

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 / the] document(s) mentioned in your Particulars of Claim:

 

1: the contract. 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: statements or statement of account showing how the amount being claimed has accrued. The statement(s) should identify any default/penalty charges that have been applied to the account.

 

 

Although your claim is for a sum which is not more than £10,000.00 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, 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

 

 

 

You need to send this by either Recorded or Special Delivery mail - keep the receipt attached to your copy of this letter. You must send it to the Solicitor mentioned on the claim form.

[jh35]

Do i need to send £10.00 for the information

[citizenB]

Do i need to send £10.00 for the information

 

NO. This is not a Subject Access Request - it is a request made under Civil Procedure and they are obliged to respond. There is no Charge.

[jh35]

Also, do i tick i intend to defend all of this claim

[citizenB]

Also, do i tick i intend to defend all of this claim

 

If it is your intention to defend then yes, click that you intend to defend ALL the claim that way you get the extra time.

[jh35]

Also, do i need to put home address on the letter?

[citizenB]

Also, do i need to put home address on the letter?

 

If you want them to respond to you, then I guess you are going to have to give them an address to do so ?

[jh35]

1 last thing, Claimant is Sigma,

 

But it states i have to send any documents to HL Legal, can you advise please?

[jh35]

i have acknowledged on site, now just to send this letter

[citizenB]

 

 

 

You need to send this by either Recorded or Special Delivery mail - keep the receipt attached to your copy of this letter. You must send it to the Solicitor mentioned on the claim form.[/quote]

 

1 last thing, Claimant is Sigma,

 

But it states i have to send any documents to HL Legal, can you advise please?

 

Please see what I wrote after the CPR draft above ?

[AndyOrch]

jh35 you may find this thread useful...take a read and see the result.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382312-Sigma-SPV1-HL-Legal-Claim-Form-Issued-**Discontinued**&highlight=sigma

 

Regards

 

Andy

[jh35]

Hi all,

 

Letter sent last Friday, signed for on Monday, when do you think they will reply?

[jh35]

Hi all,

 

Letter sent last Friday, signed for on Monday, when do you think they will reply?

[jh35]

Any advice please

[seanamarts]

I would give it 2 weeks and see what happens.

[honeybee13]

Hello there.

 

You've reported this thread and asked for help. What would you like help with please?

 

HB

[citizenB]

Ok,

 

Date of issue - 5th June + 5 days for service = 10th June + 14 days to acknowledge claim = 24th June + 14 days to submit defence = 8th July.

 

So you have a little bit of time in hand Just make sure you acknowledge the claim online by the 24th June. Once you have let us know what the claim is about then we will be able to advise if you need to ask for further information etc. I have sent out an S.O.S for you as well.

 

Hi all,

 

Letter sent last Friday, signed for on Monday, when do you think they will reply?

 

Any advice please

 

If you sent the letter on 22nd June then they will have only just received it - you must give them at least 10 days. Your defence doesn't need submitting until 8th July so you have a bit of time in hand !

[jh35]

ok many thanks, will sit and wait

[jh35]

hi all,

 

Update, Sigma have not sent my CPR request back, what shall i do now, as i have to get my defence together by 16.00 on the 8th July 2013

[jh35]

Hi help please

[citizenB]

Ok JH, I will have andyorch look in on you and advise further.

[AndyOrch]

5 days yet jh we have posters wanting defences today...bear with us and nudge your thread say Friday.

 

Regards

 

Andy

[jh35]

OK and thank you

[jh35]

Hiya, Still nothing back, have to get defence in by 4pm Monday