T-Mobile data removal. - **WON**

[voyager9]

found it here post 185 here

 

i thought i read it

 

wonder why dayglo didnt make more of this point

[dayglo]

good evening voyager9.

 

That particular post was before I learned about the two very different types of 'default' I've posted about this elsewhere but here is one post I made about the two distinct types of default here

 

The first type is as defined in CCA (section 88 - i think) and is a prelude to further action such as debt collection agencies, demands for full repayment etc.

 

The second type is the one that causes you harm and thats the ones that the lenders pass to the CRAs.

 

Both types of default can exist independantly of each other. I've seen many CCA defaults that never made it to credit files and, like vodafone, many defaults on credit files that were never 'issued' under the CCA.

 

That's why I didn't make more of this point.

[voyager9]

hi gayglo

 

thanks for clearing that up , i did read about 2 types of defaults but didnt make the connection but there was a lot to read lol

 

i`ll sculk away to the embarrassed corner now lol

[dayglo]

if you refer to me again as "gayglo" it'll be far worse than the embarassment corner!

[voyager9]

oops sorry dayglo!!! :o

 

1000 lines for me

 

i must learn to type

i must learn to type

 

i will finish them later

[Guest ian cognito]

Don't worry, you're not the first person to make that mistake

[dayglo]

when you said 1000 lines for you I thought it was party time!

[voyager9]

rofl lol

[un1boy]

HI guys

 

I spoke with the court today - case management told me the case was back from the judge and it looked like they were waiting for my jusgement to be drawn up.

 

he couldnt tell me whether the jusge had granted my judgment and said that the listings department would be able to tell me by the end of the week

 

im really confused now and i am not couting any chickens until there are hatched

 

ill keep you posted!

[un1boy]

Just got this is the post from the court:

 

I have read the Claimant's letter. I do not see that the Defendant's need to file an amended Defence as it is pleaded in the correct name of the Defendan

 

now, I am sooo confused - my amended grant order stated that they should enter a new defence, I then get an unless order saying ym claim will be struck out if I don't enter new POC's (which I entered at the time of the rewuest) and this is what I get in response to that unless order.

 

What tha fa is going on and where do I stand? lol

[Ferru]

What happened in the end?

 

Regards

 

Jeff

[gerryb2]

And..........?

 

You've probably been busy Uniboy but if you get the chance to update the outcome, I'm sure many would appreciate it

 

Some of these threads can get addictive - its like the Saturday morning movies - having to wait till the next episode to find out if the hero survives

[un1boy]

Hi Guys,

 

Nothing has happened yet - no court date, no notihng!

 

Just waiting!

 

PS Sorry for delay with updating!

[Bookworm]

Hi. Uni.

 

Janet-M has asked me to have a look, so here I am.

 

My thoughts are:

- The judge said the defence could amend their defence if they wished to, not that they had to. So maybe they're not planning to?

- It looks as the judge has confused claimant and defendant here. (it wouldn't be the 1st time, I once got a Tomlin Order showing that *I* was supposed to pay the other side's fees even though I was the claimant and had won! They are just not used to US being at the attacking end!) This would account for the "no need to alter name" thing, I know it looks odd, but I'd bet that's where the confusion comes from.

- Wouldn't it be simpler to send another copy of your amended POC to the judge as requested, and respectfully point out that you had in fact already sent it on xx date? It reads to me that the judge got your N244 asking for permission to file an amended form, and granted you that, but never saw that you had in fact provided said amendment. So now, he's saying: Well, I gave you permission to amend, I'm still waiting, get a move on or else... Well, that's how it reads from my perspective, and it's the 1st time I have seen your thread.

 

So, IMO, and just to make sure you don't fall at a technicality, send the amended POC again, with covering letter respectfully pointing out that you already had done so at xx date. Point out that you, the Claimant in this case, asked for permission to amend the name because the Defendant (T-Mobile (UK) Limited ) denied that they were the same company as the one you were naming in your original POC (T-Mobile Limited), and therefore you felt it better to be safe than sorry, which is why you felt it necessary to amend your claim accordingly, and apologise if this created a confusion.

 

I know you shouldn't have to apologise for his misunderstanding, but he is your judge, and you are pointing out that he got confused, so you want to do it as nicely and meekly as possible. ;-)

 

I may be barking up the wrong tree totally, but I don't think that the course of action I've described can do you any harm, whereas if you don't do anything, you could end up with your claim struck off on a misunderstanding. Or so it seems to me.

 

Hope it makes sense.

[Janet-M]

Uniboy needed some advise re his claim and it was impossible for any of us to sift through a 14 page thread looking for the relevant information to advise , we just don't have the time to do this . this is why we ask to keep threads claim related .

I have had to split the thread so can I ask that only hard facts re this claim is posted in this thread and any discussions re the claim be done in this thread

Thanks

 

 

uniboy if you think any other posts should be moved into this thread please give me the post numbers

[Janet-M]

Uniboy needed some advise re his claim and it was impossible for any of us to sift through a 14 page thread looking for the relevant information to advise , we just don't have the time to do this . this is why we ask to keep threads claim related , though there is some very valuable advice in this thread

 

I have had to split the thread so can I ask that discussions re this claim be kept to this thread only and hard facts relating to the claim be put in this thread by uniboy that way if he needs advice again we have all the information we need to advise at a glance .

 

uniboy if you think any other posts need moving then please PM me with the post numbers

[un1boy]

Hi. Uni.

 

Janet-M has asked me to have a look, so here I am.

 

My thoughts are:

- The judge said the defence could amend their defence if they wished to, not that they had to. So maybe they're not planning to?

- It looks as the judge has confused claimant and defendant here. (it wouldn't be the 1st time, I once got a Tomlin Order showing that *I* was supposed to pay the other side's fees even though I was the claimant and had won! They are just not used to US being at the attacking end!) This would account for the "no need to alter name" thing, I know it looks odd, but I'd bet that's where the confusion comes from.

- Wouldn't it be simpler to send another copy of your amended POC to the judge as requested, and respectfully point out that you had in fact already sent it on xx date? It reads to me that the judge got your N244 asking for permission to file an amended form, and granted you that, but never saw that you had in fact provided said amendment. So now, he's saying: Well, I gave you permission to amend, I'm still waiting, get a move on or else... Well, that's how it reads from my perspective, and it's the 1st time I have seen your thread.

 

So, IMO, and just to make sure you don't fall at a technicality, send the amended POC again, with covering letter respectfully pointing out that you already had done so at xx date. Point out that you, the Claimant in this case, asked for permission to amend the name because the Defendant (T-Mobile (UK) Limited ) denied that they were the same company as the one you were naming in your original POC (T-Mobile Limited), and therefore you felt it better to be safe than sorry, which is why you felt it necessary to amend your claim accordingly, and apologise if this created a confusion.

 

I know you shouldn't have to apologise for his misunderstanding, but he is your judge, and you are pointing out that he got confused, so you want to do it as nicely and meekly as possible. ;-)

 

I may be barking up the wrong tree totally, but I don't think that the course of action I've described can do you any harm, whereas if you don't do anything, you could end up with your claim struck off on a misunderstanding. Or so it seems to me.

 

Hope it makes sense.

 

Hi Bookworm,

 

Thanks for your post.

 

I called the court many times after my order was granted and they actually read out my "POCs" as the new ones, so they were obviously updated, as was the defendant's name, which they confirmed.

 

That's why I was surprised to receive the order and so I have already sent another copy of the amended POCs, along with a coverin letter and a copy of the defendant's letter acknowledging recipt of my amended POCs.

 

I then got the reply from the Judge that they don't have to enter a defence!!!

 

I've had 2 judges give me different orders on this claim and I am no so confused as to what I should do next?

 

Thanks

[Bookworm]

Ok, I think don't worry about what he says about the defence, at the end of it, that's not your concern. So forget that part.

 

My worry is that you were supposed to enter those "new" POC by 10th April. So you have a choice of writing to the judge and ask, with respect, why the hell he wants you to write yet another POC, or hope that this was a mistake and that you haven't already messed up by not responding within deadlines.

 

At this point, I really don't know what else to advise, tbh. :-|

[un1boy]

Ok, I think don't worry about what he says about the defence, at the end of it, that's not your concern. So forget that part.

 

My worry is that you were supposed to enter those "new" POC by 10th April. So you have a choice of writing to the judge and ask, with respect, why the hell he wants you to write yet another POC, or hope that this was a mistake and that you haven't already messed up by not responding within deadlines.

 

At this point, I really don't know what else to advise, tbh. :-|

 

Ok, well I did send in another POC and the previous order said if I didn't do it by 10th April my claim would be struck out.

 

The only thing I received in response to that was the defence thing, so I'm guessing they have been reapplied.

 

Should I write to the Judge for more clarification? I'm concerned doing that because I don't want the defendant to think I'm confused, and I should send a copy of the letter to them too, shouldn't i?

 

Thanks a lot for this!!!

[un1boy]

*bump*

[un1boy]

Also,

 

got this today from the court:

 

 

Judge [name] has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at [time] pn the [date] at [court address]

 

The court must be informed immediately if the case is settled by agreement before the hearing.

 

The partied shall exchange the following not later that 4pm on the [date]

a) the written statements of evidence of any witness whose evidence is relied on in support of defence of the claim.

 

b) copies of any documetns which a party proposes to reply on.

 

It is importanat to comply with these directions. Failure to do so may result in the hearing being adjourned or the Claim or defence being struck out.

 

Ok, so I'm going to discuss this on the other thread!

[un1boy]

Also,

 

got this today from the court:

 

 

Judge [name] has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at [time] pn the [date] at [court address]

 

The court must be informed immediately if the case is settled by agreement before the hearing.

 

The partied shall exchange the following not later that 4pm on the [date]

a) the written statements of evidence of any witness whose evidence is relied on in support of defence of the claim.

 

b) copies of any documetns which a party proposes to reply on.

 

It is importanat to comply with these directions. Failure to do so may result in the hearing being adjourned or the Claim or defence being struck out.

 

Ok, so I haven;t said I;m relying on a witness, so I don't need to do that.

 

Do I need to put in my bundle the letters I sent and received?

 

I am claiming that they cannot provide any evidence that I took an agreement out and they are processing my details unlawfully. I also issued a s12 on them, which they have failed to action.

 

May issue now is:

 

1. What exactly should I be putting i my bundle?

2. Should my argumetns relate to my POCs?

3. Should their arguments relate to their defence as I think it is shambolic to be honest and doesn't address any of the points in my POCs

4. Should I write to them and ask to enter into a dialogue? And maybe say that if they remove the data I'll not claim for the money?

 

What you reckon??

[un1boy]

*BUMP*

 

Guys - any ideas/thoughts/comments?

[un1boy]

*BUMP*

 

Guys - any ideas/thoughts/comments?

[lookinforinfo]

Uniboy, there are a few sites on the forum that might help-

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html#post563326

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

 

There are examples of how to deal with reclaiming bank charges, but the

principles remain the same in your battle with T-Mobile.

Hope there are a few nuggets that help to clear up your questions.