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Capquest/Restons claimform - old Orange Mobile debt


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sat morn wife got letter from capquest regarding following

 

account purchased from orange

account no .,.,.,.,.,.....,,,,,,

 

despite our attempts to contact you to bring the account to satisfactory conclusion,we have not been able to reach an agreement.

 

we ask that you call us within 14 days on their number

 

should no contact be forthcoming we may consider an escalation oin collection activity to recover the balance outstanding.

 

there are still repayments options available to you provided you engage with us

 

question :?:

 

leave alone as look as a standard robot letter or what

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termination fee or contract cost till end of term bogus debt?

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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  • 1 month later...

today letter form Restons regarding outstanding debt from orange asking for me to fill income exp sheet

 

also stating out that it was sold to cappy on specific date

 

and notice of asigment sent out

 

???? reccommendations please

 

I was considering asking for copy of account and copy of statements

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not a lot you can do bar wait until/unless a court claimform comes sadly.

 

 

whats the balance

when did she take the phone contract out

and how much are they after.

 

 

aam I right in saying its costs to the end of the contract too?

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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when was the last payment?

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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oct 2012

 

did e mail in oct last year asking for documents accounts so forth reply said we are working with you to try to supply still nought

looks like it is a waiting game anyway now then i can ask for docs under cpr

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you wont need docs

we have a very good mobile defence whereby the balance claimed is made of remaining contract costs

and to date its not failed.

 

 

read a few mobile threads in the successes forum.

 

 

bit early for them too counter the approaching sb date next years

so its simply the balance that they are after and why they are doing it.

 

 

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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received...

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...

well it came county court papers

 

 

Claimant Capquest

 

 

date of issue 20 june 2017

 

POC

1.The Claimant claims payment of the overdue balance due from the defendant

under a contract between the defendant and orangelink3.gif

dated on or about the ======== and was assigned to the claimant on Sept 2013

 

2.Particulars account number ,.,.,.,.

date 28/04/2017

item default balance

value £912.25

post ref cr nil

 

What is the value of the claim?£912.25

 

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? after 2007

 

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? not to my knowledge

 

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? not working

 

What was the date of your last payment? oct2012

Was there a dispute with the original creditor that remains unresolved? not known

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan?no

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AOS and CPR then

you know the score

 

 

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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  • 2 weeks later...

They dont have to comply

Its only a request

 

No where have we ever said chase a failed cpr

You don't want them to reply...think about it..........

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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The Defendant contends that the particulars of the claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r. 16.5 (3)in relation to

any particulars allegation to which a specific response has not been made

 

1. It is accepted that a relationship did once exist between I the Defendant and Orange however, I cannot recall this Contract/Account and the Claimant has yet to provided me with a copy of the Contract/Account mentioned in particulars of the Claim by way of a CPR 31.14 request dated xxxxxxx .

I am also unaware of any Notice of Assignment pursuant to Law and property Act 1925 section 136(1) allegedly served over 4 years ago.

 

2. Therefore I deny owing any money to the Claimant and the Claimant is put to strict proof.

 

Show how the Defendant has entered into a Contract/Account with Orange.

Show how the Claimant reached the amount claimed .

Show how the Claimant has legal right,either under statue 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 owed ,having been provided with a written request for information under CPR 31.14 and to date have failed to provided Myself with any such documentation as detailed in particulars of the Claim.

 

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 and property Act 1925.

 

5. Notwithstanding the above should the alleged amount claimed include an early termination charge (s) amounting to the entire balance of the remaining contract OFCOM guidance states that an 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 their service.The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999

 

6. By reason of the facts and matters set above, it is denied that the claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Edited
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Checked and edited with additions.You need to complete your CPR 31.14 date

 

Regards

 

Andy

 

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