Arrow/Drydens claimform - old 02 account

[AndyOrch]

Hello

I am sending my defence via email today

 

I have just put in my defence for this claim

 

I put that I Acknowledge no debt for a mobile contract from Orange

 

I have never received or seen the original Notice of assignment

I have never had a Orange account

 

I hope there was more to it than that and that was just a synopsis ?

[cancookwill]

Hi Andy

 

I was going to send this in my defence

I haven't been able to sign in on line I called the court and they said I could email it to them

 

 

1 The Claimant’s claim is for the sum of £558.53 being monies due from the defendant to the Claimant under a mobile telephone contract between the defendant and orange (reference .....

 

2 The Debt has been legally assigned to the Claimant and a Notice of Assignment has been provided to the defendant.

 

3 The Defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £558.53

 

And the claimant claims

1.The sum of £558.53

2. Costs

 

 

1. Paragraph 1 I have no knowledge of a debt to Orange or of entering into 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.

Edited May 22, 2017 by dx100uk

[dx100uk]

needs a biy of work

its not due till Friday by 4pm for your ref.

 

 

ive inserted their poc

they don't mention any agreement

neither should you.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?416783-Lowell-Claimform-old-Orange-moblie-ipad-data-debt-***Claim-Discontinued***&p=5029340#post5029340

[cancookwill]

Hi Dx

 

Many thanks

 

 

1. Paragraph 1 is denied I have never held a mobile telephone contract with Orange.

 

2. Paragraph 2 is noted but is irrelevant as I have never held a mobile telephone contract with Orange.

 

3. Paragraph 3 is denied for the above reasons.

 

Therefore the Claimant is put to strict proof to:

 

(a) provide evidence of the alleged contract with Orange :

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the amount of £558.53 is owed;

 

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.

Edited May 22, 2017 by Andyorch
Edited

[AndyOrch]

Defence edited...that is all required...good luck to them finding the paperwork for Orange.

 

Andy

[cancookwill]

Hi Andy

 

Great Thank you