Cabot/Restons Claimform - EE Mobile Debt.

[C78]

It wasn't taken out there as I had it before I even met her.

 

It fell into arrears sometime when I was with her but I don't remember exactly when as we had moved house several times during our relationship too (not at my doing)

 

I don't even know if her current address is the one that the debt began at or not.

 

Seeing as we have a child and I try to keep things amicable, I'm not for trying to get it passed to her as I try to keep things the best way they can be for the sake of me having no issues with my child.

 

She knows of it now though since I asked if any letters or calls were going there about it anyway, and doesn't seem to care any.

[dx100uk]

Well you going need to write to Cabot else they will issue a CCJ to the last address that EE knew you were at.

 

I'll have a think and comeback to you later

[C78]

Well I've sent the SAR letter to EE recorded not long ago now. The only issue here is that I'm getting conflicting advice. The previous page says don't do anything with Cabot or Restons but you're saying I'll need to speak with Cabot.

 

Cabot and Restons have my current address here as that's where they're sending me the threat letters so I presume it will come here?

[ericsbrother]

a CCJ only gets posted when you are taken to court, lose and then dont make arrangements to pay the amount ordered by the court in the time specified. So, even if you are in the wrong at every step turn up at court and agree a payment order and no CCJ as long as you stick to it.

[AndyOrch]

Restons already have your current address...hence the letter you received...do not write or speak to Caboot.

[C78]

Well predictably I just got back after a week away to a letter from Northampton County Court Business Centre saying Restons are taking me through there for the money.

 

 

The Claim Form is there, an admission form and a response pack.

The Issue Date is listed as September 20th and it says elsewhere in all the stuff that I have 14 days to respond to the claim.

What do I do from here please?

 

 

Had a horrible feeling I'd walk back in to this when I was already fed up to be coming back

[AndyOrch]

Thread moved to Financial legal Issues Forum in view of the claim.

 

If you would read the following link that explains the process and copy and paste the Q,s and your responses back here for further advice on how to deal with the claim.

 

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

 

Regrads

 

Andy

[C78]

Name of the Claimant ME IV Limited

 

Date of issue – 20th Sep 2017

 

Date to acknowledge - 8th Oct 2017

 

 

DAte to submit defence - 20th Oct 2017

 

What is the claim for –

 

Particulars of Claim...

 

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Everything Everywhere dated on or about Jun 23 2008 and assigned to the Claimant on Aug 26 2016

 

What is the value of the claim £758.05

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile Phone

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? No (although could have gone to and been binned at old address)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No (but again could have been going to an old address)

Why did you cease payments? Ex used account when I was with her, she controlled finances and I heard nothing about it before or since I left there in late 2014

What was the date of your last payment? 13th June 2014 according to letter from Restons

Was there a dispute with the original creditor that remains unresolved? Ex failed to pay and ignored it from what I can gather

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

Is this all correct?

 

Unpaid mobile phone bill which was ignored by ex at previous address in 2014. I left late 2014 having heard nothing more about it at all until August 2017 when Cabot Financial somehow came up with my address and mobile number so started writing letters and leaving voicemails for the now more than doubled amount (if not more still) after ignoring those I then got the Restons letter threatening court if I didn't pay or respond to them with income and expenditure forms etc.

Edited September 29, 2017 by C78

[AndyOrch]

And just their Particulars claim also...verbatim.

[C78]

Just redone now if I've understood all that right.

[AndyOrch]

CPR 31.14 to the claimants Sols...follow the instructions in the link and and acknowledge service of the claim form..instruction contained in the pack to register with MCOL.

[C78]

Thanks, is it the link for loans and credit cards or current accounts I use with it being mobile phone debt?

[dx100uk]

can we have the contents of particulars of claim box from the CLAIMFORM.

not your ideas of why it happened...TA

[C78]

Particulars of Claim...

 

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Everything Everywhere dated on or about Jun 23 2008 and assigned to the Claimant on Aug 26 2016

[AndyOrch]

Thanks, is it the link for loans and credit cards or current accounts I use with it being mobile phone debt?

 

Loans and CC

[dx100uk]

thank you

please note your corrected defence filing date

[C78]

Thanks, I'll go through and print the form off on Monday morning to send recorded delivery. Also the acknowledgment form that I need to return which box should ai be ticking

 

I intend to defend all of this claim

I intend to defend part of this claim

or

I intend to contest jurisdiction?

 

I've yet to hear anything from EE but of course they're within the time frame you said they have to send me information.

[dx100uk]

Forget the form that's for ref only now

Use mcol website

Read post 32 link

[C78]

I'm just on MCOL now so I take it this is the quicker and easier way than posting back the Acknowledgment of service form?

 

if I have this right when I complete the details on here and print off the template CPR31.14 letter and post that recorded to Restons I'll have done all I need to do at this stage?

 

I'm guessing on the MCOL site now that I need to click that I dispute the whole claim but do I also click the link to the AOS on here first or after?

[dx100uk]

Defend all

Leave jurisdiction unficked

Click thru till the end

Confirm and exit

[C78]

I've begun defending all of the claim. It wants me to state my defence in a maximum of 122 lines it says. How do I word this based on my situation I've explained in here?

[AndyOrch]

Your not submitting a defence yet ....20th Oct 2017...simply exit before defence stage

[C78]

Ah I see, sorry I'm on barely any sleep again and getting a bit confused between the 2 of you answering. Which do I need to do on the MCOL site I'm now registered on then? Is it complete the AOS? As I need to acknowledge the court don't I or are you saying leave it longer to do that?

[AndyOrch]

AoS must be done before this Friday..the defence you have as advised above

[C78]

Ok thanks. So I complete this AOS now on the MCOL site and that takes care of the court for now. Then it's the other CPR 31.14 form to Restons again which I'll send recorded in the morning and I can leave things there until I hear more?