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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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skintoed

ERUDIO / Shoosmiths Northern Ireland County Court Help

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Hi,

 

I've gotten back from holiday to find that Erudio / Shoosmiths have sent me the following requests:

 

 - Notice to Produce

 - Notice Requiring Discovery

 - Notice for Particulars of Defence

 

They give 14 days. - it ran out yesterday!

 

Ive been fighting them for a while re a Student loan from 1996, sold to Erudio in 1993, but hoped they had gone away last year.  The alleged debt is SB and there was no contract anyway as I refused to sign their form. I've never admitted the debt and have never paid them a penny.  I've never ever earned enough to pay them a penny either.

 

Under SLC I'd never missed a deferment, but they refused to accept my wage slips despite being clearly under the threshold, and put me into default, and 7 days to pay in full.

 

I've done 3 letters and Cease and desist after claim form and intention to defend last year. Their paperwork wouldn't stand up to the scruitiny of a court.

 

I've not had the chance to take legal advice or prepared a reply, have I missed the boat here?

 

Should I just wait and let them apply to the court for discovery.  ??

 

Their office is near my work so I can hand deliver to them if required.

 

Any help gratefully received.

 

Thanks,

Skintoed.

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doesn't matter what paperwork they hold 

if you last deferred to slc the debt is statute barred file an SB defence. kill it dead

 

though i'll be honest and say NI court claims are not something we are used too.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks, it's hard to find advice online re the system over here. I was unsure if I should send them anything at all, as it seems to go directly to them, and not to the court?

 

Will remind them that I've notified them of statute bar already, and for them to drop their case. 

 

Also, do I need to answer their pleas at this stage, or do I wait for a request directly from the court? 

 

Many thanks, have been lurking around on the forums here for a while, and had lots of great advice from you and others. 

 

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We could do with some help from you.

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I last deferred in 2013 to slc directly,

i have never defered nor therefore your claim is statute barred

should you wish to continue the claim

I will be seeking costs from you.

 

I believe you have to lodge an intention to defend within 14 days ??

there another erudio NI claim here i'll find it later.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Just thought I'd let you know that I sent that through to them the next day. i've not heard anything back since, so hoping that's the end of it. Many thanks for all your help.

 

Skintoed

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