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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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 Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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blackpoolman2016

Arrow/drydens claim form - old orange mobile debt

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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

claim form drydens.jpg

drydebsfairax letter.jpg

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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**


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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 orangelink3.gif ( 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 formlink3.gif 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

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POC please

 

sri is that the full POC please minus pers info?


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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

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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


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NO

 

 

follow post 6


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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

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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

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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

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what defence did you file and when?


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

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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

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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.

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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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

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

 

 

what can we do about that...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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