lowell claimform - old o2 mobile phone debt

[AndyOrch]

Friday 21st June by 4.00pm  ....23rd is a Sunday

[AndyOrch]

CPR 31.14 already requests that...point 5

[AndyOrch]

Not too tight......Defence Friday 21st June by 4.00pm

[AndyOrch]

Only if you cant pay the full amount within the time limit stated....o2 may divulge or pass it over now its been assigned.

 

Andy

[AndyOrch]

Default markers stay for a period of 6 years irrespective of a CCJ or not....a CCJ will show for a further 6 years if not paid on time.

[AndyOrch]

No..... default markers have no connection to court claims...irrespective if you win or lose...a default marker must be placed and shown on your files for a period of 6 years as per the ICO and DPA guidelines.

[AndyOrch]

Afraid not...but its not clear when the default was placed..you dont know the date of your last payment or when the marker was placed ?

[AndyOrch]

Then o2 placed the marker as the original creditor and it has 3 further years to show before it will drop off.

 

Claimants do not disclose their evidence until after you have submitted a defence...and the claim has  been allocated to your local court for hearing.

[AndyOrch]

They say that in every claim...its a template response...you wont get anything before your defence is due...so the more groundwork you do now the more chance your defence will be accurate.Its always advisable to submit a holding defence that puts the claimant to strict proof of disclosure as an initial defence.Then as the case unfolds you will be given more information the claimant relies upon...if they have it...or if it proceeds that far.

 

On mobile claims they dont normally expect a defence and hope for a default judgment...so normally run for the hills when they have to back their claim up with the corresponding documents.

[AndyOrch]

Particulars of claim for reference only

 

1)The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on 31/08/2016 and notice was given to the defendant.

4) Despite repeated requests for payment the sum of £212 remains due and outstanding.

and the claimant claims

a) The said sum of £212

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of Issue, accruing at a daily rate of £0.047 but limited to one year being £16.98

c) costs

 

Defence

 

The Defendant contends that the particulars of claiim are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a  Letter of Claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 is neither admitted or denied.. I have, in the past, had a contractual relationship  with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so because it is a telecommunications account and is not regulated by the Consumer Credit Act 1974. To date, no statement of the alleged account has been received either which has also been requested.

 

3. Paragraph 2 is noted, again I do not recall any breach and I have never received any notification of breach or warning of termination.

 

4. Paragraph 3 is denied. I do not recall receiving a Notice of Assignment, as stated by the Claimant. The claimant disclosed, under CPR 31.14 which was received 6 June 2019, an alleged copy dated 28 October 2016, which is not on O2 Mobile headed paper , this appears to be a reconstituted generic copy.

 

5. Paragraph 4 is denied . The defendant has denied the debt at each request as the claimant has failed to provide proof or quantify the debt in the form of any contract. Pursuant to Practice Direction 16 (7.3)  Where a claim is based upon a written agreement:(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, 

    

Therefore, the claimant is put to strict proof to:

 

(A) show how the Defendant has entered into a Agreement/ Contract; and

(B) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and

(C) show how the Claimant has reached the amount claimed for; and

(D) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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.

 

 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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 their service.

 

 9. 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

[AndyOrch]

2 hours ago, misterman35 said:

Hmmmm.... 

I have filed my defence and had an acknowledgment. 

 

 

Apparently so 

[AndyOrch]

It should be blank....use the following and print 3 copies...Court /Solicitor/File

 

Yes to mediation

yes to Small Claims Track

State your local county court

1 witness = you.

 

The rest is self explanatory...file and serve by the date stated.

 

Andy

 

[AndyOrch]

[AndyOrch]

I did suspect that when you stated it was partially completed 

 

Wait until the court send you a blank N180 and then use the link I provided to complete it on screen .....looks far more professional 

 

The court copy will inform of the date to file and serve (File with the court and Serve a copy on the claimants solicitor)

[AndyOrch]

Then simply say that....."  mediation is not suitable in this case as they still have not provided enough evidence etc."

[AndyOrch]

Follow the instructions provided for in your N157 Notice of Allocation for what you must do next and by what date.

[AndyOrch]

Read it again...slowly....each party to submit and exchange evidence and statements  by date ......

[AndyOrch]

   ...the claimants solicitor.