Lowell claimforn - old T-Mobile debt***Claim Discontinued***

[theowls]

Done the best i can as i don't have word , so done it as a txt document and printed that , it looks okay .

[dx100uk]

use open office then

[theowls]

Sorted Thanks i will get it off tomorrow .

[theowls]

Just a quick update i have heard nothing back yet since i sent off the requested information .

[AndyOrch]

Did you submit your defence last Friday the 6th..the deadline ?

[theowls]

Here are the latest i have recieved

Assignment2.pdf

Aknowledgement.pdf

Assignment.pdf

[dx100uk]

std blurb

 

you did file your defence on what date?

and what defence did you file?

[theowls]

the one on the forum i was instructed to do, i believe i got it in before the dedline i have not heard anything to say i haven't. The letters they sent say so i believe.

[dx100uk]

no-ones instructed you here toward any defence

only AOS /CPR

 

what defence did you file and on what date

[theowls]

Sorry i don't know then i just filled in the court thing saying i was going to defend it and sent the cpr off

[dx100uk]

then you've not defended the case did you......opps was due 6th October!!

 

pity you didnt read things properly when told what and when to do things re post 2 link.

 

I would suggest you are fruked...and now have a default judgement

 

you could try MCOL NOW and see if it will let you in to file a defence

if it does come back here and we'll give you a defence to file

[theowls]

Yes its letting me get to start defence

[dx100uk]

you lucky person...

 

get moving

adapt this to your details

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

 

The Defendant contends that the particulars of 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 particular allegation to which a specific response has not been made..

 

1. Paragraph 1 is denied with regards to the defendant entering into an contract referred to in the Particulars of Claim the Claimant has yet to disclose any such contract.

.

2. Paragraph 1 is also denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(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 Procedureicon 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 Act 1974.

.

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 any Early Termination Charge that is made up of the entire balance if 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.

.

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.

.

 

nicked from andyorch

 

and get it filed now..

[theowls]

Thanks but what to i need to adapt i am a bit wet behind the ears when it comes to this stuff

 

I have just used what you posted would that be ok before i hit submit ? Thanks

 

Your acknowledgment of service was submitted on 26/09/2017 at 21:28:13

 

Your acknowledgment of service was received on 27/09/2017 at 08:02:02

 

Your defence was submitted on 25/10/2017 at 21:07:12

[dx100uk]

good well done

 

next time PLEASE

read up on things

cag is a self help site too

we don't have the manpower to nurse maid people

[theowls]

Thanks very much i do appreciate it

[theowls]

Hi i have a received a letter from the court that says

 

It appears that the case is suitable for allocation to the small claims track.

 

What happens next i have a form to fill in ?

 

Thanks

[dx100uk]

so you've been reading up then since before?

 

std N180 form I expect

 

dx

[theowls]

Yes std N180 i also received a directions questionair which is filled in by Lowells solicitors

[dx100uk]

well fill yours in an return it.

read other threads for what to do...

 

use the search CAG box of the top red toolbar

 

N180 mobile claimform

[theowls]

I have a good look through , but im still unsure do i go for mediation ?

 

Also is the assignment they sent me a real document one would have thought that t-mobile would have sent that on letter headed paper correct me if im wrong or am i just plucking at straws ?

[dx100uk]

plucking straws

either party can send one each or one party can send both matters not

 

you always say yes to mediation unless the debt is statute barred

[theowls]

Okay thanks , what should i expect to happen next ?

[dx100uk]

go read other threads

 

not sure there is any thread here that says no to mediation either

cant see you read any other threads here unless you are doing it offline?

 

as post 42

[theowls]

Hi they have accepted mediation so what happens next ?

 

is there anything i should know before i contact them ?

 

Thanks for all your previous advice .