Cabot/Mortimer Claimform - old EE 2012 mobile debt

[jdene]

Hello need some help with a CCJ letter received today from Mortimer Clarke,

for what they say is a 2012 mobile phone account with EE that I can not remember ever having.

 

I have had previous letters but not knowing what they were for just ignored them.

 

It say I have 14 days to reply to the court letter or pay in full with their 75 pound charges on top

what can I do.

Regards

Jdene

[dx100uk]

its not a CCJ nor a letter from MC

its a court claimform pack from northants bulk

 

 

please complete this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

moved to legals

[jdene]

Thank you I will get the form filled by the weekend and return it, I can not remember having any account with EE, and definately not with any Mortimer Clarke.

[AndyOrch]

You have 33 days to deal with the court claim...its not a letter.....dont be completing it and sending it back this weekend..please complete the link above telling us the details of the debt and claim and then we can advise you how to deal with it.

[jdene]

Thank you I will fill in the details on the link by the weekend and await your comments.

Regards

[jdene]

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

 

Claimant : ME IV Limited 16-22 Grafton Road [Cabot]

 

Date of issue – 30 June 2017

 

What is the claim for –

1. By an agreement between Everything Everywhere RE EE & the defendant dated 18/04/2012 ('the agreement')Everything Everywhere RE EE agreed to issue the defendant with credit relating to a mobile telephone.

2.the defendant failed to make the minimum payments due and the agreement was terminated.

3.The agreement was assigned to the claimant.

THE CLAIMANT THEREFORE CLAIMS

1. 294.53

 

What is the value of the claim? 294.53

 

The claim Is the claim for - a mobile phone account?

 

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

 

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. The account has been assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? No did not know about any assignment or letter of assignment.

 

Did you receive a Default Notice from the original creditor? Not that I am aware of

 

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

Why did you cease payments? Cannot remember having an account with EE

 

What was the date of your last payment? Don't Know

 

Was there a dispute with the original creditor that remains unresolved? Don't Know

Did you communicate any financial problems to the original creditor and make any attempt to enter into a ? Can not remember

 

Hello spent an hour trying to fill in the details on the link but it keeps saying there are errors and wont post.

[dx100uk]

is that the POC as verbatim?

do they not mention s 69 interest?

[jdene]

is that the POC as verbatim?

do they not mention s 69 interest?

No theres no mention of interest that i can see just that statement.

[dx100uk]

unusual. that's typically why they wait almost 6yrs

 

 

well EE aren't creditors so they couldn't of have issued credit

so the POC is utter twaddle.

 

 

issue the defendant with credit relating to a mobile telephone.

 

 

didn't ever have an orange mobile account did you or SIM card?

 

 

never mind

lets stick to tried and tested protocol.

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[jdene]

Ok ladies / gents just filled it in online, so now send CPR Yes.

[jdene]

CPR done will send off tomorrow

[jdene]

Well had a reply today a bit strange but this is what it says.

We acknowledge your request for documentation pursuant to CPR 31.14,

CPR 31.14 relates to a right to inspect a document and can be distinguished from

standard disclosure of evidence during the course of proceedings.

 

 

We believe that you may have already "inspected" the documents to which you

make reference because on various dates in the past they would have been sent to you

by another party such as the original creditor.

We would be grateful if you could confirm what documents you have in your position

or control relating to this matter to avoid duplication over document inspection.

We will then take our clients instruction.

 

 

They actually want me to do them favours, and I don't have any information on this and can not remember ever having any.

[dx100uk]

std reply if you go read like mobile claimform threads

[jdene]

All I can do is respond with I do not have any paperwork relating to this alleged account because I genuinely do not remember anything about it.

[dx100uk]

you ignore the letter

 

 

the holding/no paperwork defence is on 1000's of threads here

you'll be using that later

go read!

[jdene]

Thank you dx appreciate the help

[jdene]

I have not heard anything back from the court to say when I have to put in my defence how long do they normally take ?

[dx100uk]

you should already know that from the link you filled out

[AndyOrch]

Tuesday 1st August.

[jdene]

I need to get this written up and sent first class Monday, I have read the forums but still could do with a hand with the wording to put on the form, do I just respond that I request to have the claim struck out as the solicitors have failed to provide any paperwork relating to the alleged debt ?

[dx100uk]

Lots of mobile claim form threads here already

Find the no paperwork/holding defence

And copy it here

Adjusting it to your case

 

And well check it over

[jdene]

Can I do my defence on line just panicking about the lack of time left

[dx100uk]

yes by day 33 on mcol read that link you answered the questions from

[jdene]

Had letter back from the court,

they are sending my defence to them and they have 28 days to respond or the case will be stayed,

not expecting them not to respond but it gives me breathing space.

 

Thanks for the help up to now I expect I will need more before this is sorted lol

[dx100uk]

so we have it documented

can you post up the defence you used please

 

 

dx