Arrow/drydens claim form - old orange mobile debt

[blackpoolman2016]

Hi To all . new here and seeking some advice ,

 

I have received a claim form and a letter on Friday relating to an old orange mobile debt from 2011

which has been banded about between several debt collectors over time .

 

I am just asking advice and what is the best way to go forward with this.

 

I do not have any old paperwork so I have no records of whether I received default ect .

 

regards

[dx100uk]

I've had to remove you attachments as pers info is showing

we don't need them anyway

please fill this out

and paste the Q&A back here

 

 

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

[blackpoolman2016]

Name of the Claimant ? Arrow Global

Date of issue – top right hand corner of the claim form – 14th July 2015

What is the claim for –

 

1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orange ( Reference xxxxxxxx ).

2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.

3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71

 

and the claimant claims

1. the sum of £504.07

2.Costs

 

Actual amount I owe for the debt is £419 on the claim form it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07

 

What is the value of the claim? £504.07

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone

When did you enter into the original agreement before or after 2007? Sept 2009

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. debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? July 2011

What was the date of your last payment? June 2011

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managemen plan? NO

[dx100uk]

POC please

 

sri is that the full POC please minus pers info?

[blackpoolman2016]

Particulars of claim

 

 

1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orange ( Reference xxxxxxxx ).

2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.

3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71

 

 

and the claimant claims

1. the sum of £504.07

2.Costs

 

 

Actual amount I owe for the debt is £419 on the claim form it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07

[dx100uk]

good thank you

so this is prob monies for the remainder of the supposed contract term?

 

 

pop up on MCOL website

ack the claim [AOS]

defend all

leave juris unticked

 

 

get a CPR 31:14 running to drydens

[blackpoolman2016]

do I need to put why I am defending the claim at this stage ??? and if so what do I say ??

[dx100uk]

NO

 

 

follow post 6

[blackpoolman2016]

Thank you for your help. yes I think it was for remainder or contract , I think I was cut off and at the time unable to pay the direct debit ect .

 

 

I have been on the MCOL website and filled in relevant and the CPR 31:14 will be sent off first thing in the morning to Drydens the solicitors

 

 

Regards

[dx100uk]

best thing to do now is go read like threads.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Arrow/drydens+claim+form+-+old+orange+mobile+debt&sa=Search+CAG#gsc.tab=0&gsc.q=claim%20form%20-%20old%20mobile%20debt

[blackpoolman2016]

this is what I will be sending , could someone have a quick look over tell me if ok many thanks

 

 

CPR 31.14 Request

[template removed - please read the 31:14 thread and our rules - templates should not be posted in the open forum - thanks - dx

[blackpoolman2016]

good Morning all

 

 

A quick update , finally heard back from drydens after my CPR request.

 

 

they have written informing me they have sent the request to their clients ( arrow global )

and they will forward the requested document to me.

in the meantime the matter is on hold

 

so how does this leave me with the court,

I have already filed my defence as this had taken them so long to reply ??

 

any help appreciated

 

 

Blackpoolman

[dx100uk]

what defence did you file and when?

[blackpoolman2016]

filed online on Friday , stating they had failed to provide evidence I actually owned the debt , and had failed to provide proof of debt

[dx100uk]

Can you post it up please

 

Bit early to of filed def really but never mind

 

They now have 28days from friday or the claim gets auto stayed

 

Dx

[blackpoolman2016]

1. Paragraph 1 is neither admitted or denied with regards to the

Defendant entering in to an Agreement referred to in the

Particulars of Claim ('the Agreement') the Claimant has yet to

disclose any Agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any

monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the

Claimant;

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed;

 

4. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due

to contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer credit. Act1974.

 

5. The amount claimed will likely include an Early Termination

Charge amounting to the entire balance of the remaining contract.

Ofcom guidance states that any Early Termination Charge that is

made up of the entire balance of the remaining contract is

unlikely to be fair as it fails to take into account the fact

that the provider no longer has to provide and pay for the

service.

 

6. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

[blackpoolman2016]

was this ok ??

[dx100uk]

don't really like the first bit

Paragraph 1 is neither admitted or denied with regards to the

 

 

smacks of embarrassed defence a bit old hat now

too late anyway to change it

[blackpoolman2016]

ok thanks anyway , it was copied from elsewhere . just wait and see what happens now. ill await drydens or arrow globals documents if they exist

[dx100uk]

well I gave you a list of threads to read earlier and you went elsewhere

 

 

what can we do about that...