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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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Orange/Aplins claim form received


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Hi guys,

 

I found your web page and noticed you are really good at helping people in tricky situations.

 

I received a claim form from Northampton county court via aplins regarding my old orange contract. (issue date 24/9/14)

 

Claimant, Orange Personal Service

Adress for sending docs and payments: aplins

Defendant: me

 

PoC: claim is for call and service charges due and unpaid as at todays date under a network services made between the claimant and the department.

 

Amt claimed: £109.59

Court Fee: £25

Solicitors costs: £50

Amt total £184.59

 

Background: I cancelled my contract over the phone (in april) and also asked to have my number ported.

 

Orange sent me two letters notifying me of an outstanding bill of £99.63

and since passed my details on to a DCA.

unfortunately I lost track of my mail as I work really long hours and I'm hardly home!

 

They never called me to talk about this but they have been texting and are still texting about purchasing their services.

 

Having received this claim form I called orange and they say they cant deal with me, that I have to deal with the DCA (which I assume .

 

This form is asking for £184.59??? I just want to pay the £99.63 which I apparently owe orange....what do I do?

 

From what I've read so far on similar posts I have 12 days from today to respond.

 

I suffer from anxiety and depression, this is destroying me mentally, I really need your help!

Edited by damo89
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you'll need to PDF the attachment

and remove the password and barcodes

 

 

please fill out the following and post here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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you need to ack the claim

 

 

defend all

 

 

by midnight 12th oct

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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In order for us to help you we require the following information:-

 

Name of the Claimant ? Oranges Personal Communications

 

Date of issue – 24/9/14

What is the claim for – the reason they have issued the 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

What is the value of the claim?

109.59

Is the claim for a current or credit/loan account or mobile phone account?

Mobile phone account

 

When did you enter into the original agreement before or after 2007?

After 2007 (2012)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

I guess its issued by aplin (See attached form)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

i got some srj texts telling me to call them about my account with them...

 

Did you receive a Default Notice from the original creditor?

i got two letters from orange telling me I had an outstanding bill, unfortunately, I missed the letters as I was really busy these last few months.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no, not that I know off

Why did you cease payments:-

 

i had closed my account and ported my number at the end of my contract (in april)

Was there a dispute with the original creditor that remains unresolved?

 

no, i just closed my account but they are saying that I had an outstanding bill of £99.63

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

no just heard about this now

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heyDx,

 

Thanks for looking into this for me.

 

So acknowledge the claim, I guess I can do this online. simple

 

Ok defend all, this i'll need help with (sorry if i sound thick)....how do i do this? am i defending all the added charges or the entire £184.59.

 

Also the other posts seems to send different letters, do i need one of those? or am i over thinking this.

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you defend all on MCOL

 

 

goto the site

create a user etc

 

 

note the long number.

 

 

log in to mcol using your details just created

 

 

then with the required details from the claimform

select AOS

defend all

 

 

exit MCOL

 

 

otherwise you'll get a CCJ no matter what you do.

 

 

as for the letters.

 

 

you can only send a CPR 31:14

from the legal section of the library tab top left.

 

 

upon what docs they relate to in their PoC

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thank Dx,

 

Ive done the AOS and selected defend all (there was a bit about contest jurisdiction which I didnt tick).

 

So now phase 2....CPR 31:14 am I sending this to aplin or orange?

 

Also the POC doesn't mention any docs....do i just ask for

 

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.

 

thanks again

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theres no agreement its a service contract.

 

 

list of service charges

is I think all you can ask for

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Share on other sites
theres no agreement its a service contract.

 

 

list of service charges

is I think all you can ask for

 

That's a good point, thanks dx, I wouldn't have thought of that.

 

I'm just on my way back from work so will right an spend it out asap.

 

Just a quick question, am I sending this to aplins or to orange?

 

Also do I need to tell the court I've sent either orange or aplins this?

 

Finally, what will happen will when I send this?

 

Sorry to be a pain, dx and thanks a million for your help!

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aplins

the only thinf you need to do with the court is ack the claim

 

 

and then not missing the defence filing date

 

 

if you have a look in the forum you are in

and

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

you should see simular threads for mbile debts to read

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 3 weeks later...

Hey Dx,

 

Hope all's well on your side. Just checking in (it's been really busy over in my world, but who isn't these days)

I haven't had a response from the Aplins re the CPR 31:14 but I've gone ahead and submitted a defense based on unclear/vague poc, lack of detailed info and orange not wanting to discuss the matter with me.

I'll keep you all updated re proceedings.

Thanks again for all your help.

 

Damo

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  • 1 year later...
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