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  • Received claim for mobile account

    Hi, I've have received a claim for a mobile phone account. I have called the provider and they cannot find my details. I need these details to confirm I owe the debt. I spoke to the DCA and they also do not have these details ? They just gave me dates of when the account was set up and when it defaulted.Where would I go from here ? Thank you
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  • #2
    Re: Received claim for mobile account

    Any help with this please? I'm so worried and have no idea what to do. I have acknowledged the claim online and stated my wish to defend in full as looking at it I believe it is statute barred. What is my next action ?

    Comment


    • #3
      Re: Received claim for mobile account

      Originally posted by cc1110 View Post
      Hi, I've have received a claim for a mobile phone account. I have called the provider and they cannot find my details. I need these details to confirm I owe the debt. I spoke to the DCA and they also do not have these details ? They just gave me dates of when the account was set up and when it defaulted.Where would I go from here ? Thank you
      Good morning,
      Which phone provider is this?

      Your best place to check the details ( if the account was defaulted less than 6 years ago) is credit reference files Noddle and Clear Score are free online.

      Have you acknowledged service of the claim? If not do so online at MCOL state intention to defend in full but do not enter any defence at this stage.

      Who is the claimant and which solicitors are they using.

      nem

      You would be well advised to deal with this in writing from now on.

      Do you recognise this account?
      The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
      Please make your own decisions with care and if necessary seek qualified legal advice.
      I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




      Comment


      • #4
        Re: Received claim for mobile account

        Hi thank you for reply.

        I have acknowledged the claim but I did put in reason for defending that I believe it is statute barred? Should i not have done that 😕

        It was with Vodafone. The dca is Lowell and solicitors are Lowell also.

        The default date is jan 2011 as shown on experian but I know I have not paid anything since 2010 and over 6 years ago. Lowell said the contract was ended September 2010 I made no payment nor acknowledgement after this date.

        Comment


        • #5
          Re: Received claim for mobile account

          Originally posted by cc1110 View Post
          Hi thank you for reply.

          I have acknowledged the claim but I did put in reason for defending that I believe it is statute barred? Should i not have done that 

          It was with Vodafone. The dca is Lowell and solicitors are Lowell also.

          The default date is jan 2011 as shown on experian but I know I have not paid anything since 2010 and over 6 years ago. Lowell said the contract was ended September 2010 I made no payment nor acknowledgement after this date.
          Hello,

          It would have been better no to have entered a defence at acknowledgment stage, it gives the claimant more time to look for reasons the debt is not statute barred.

          Lowell will most like claim that the default date started the Limitation Act 1980 relevant 6 year period i.e. January 2010.

          I suspect that Lowell Solicitors may come up with " case law" in particular the Appeal Court judgment in BMW Finance - v - Hart in which it was decide in simple terms that the default date started the relevant 6 year period

          However that case was in regard to an HP agreement, so you should argue that the date Sept. 2010 is the date the 6 year period started.

          When did you acknowledge and submit the defence?

          nem
          The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
          Please make your own decisions with care and if necessary seek qualified legal advice.
          I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




          Comment


          • #6
            Re: Received claim for mobile account

            Ok, thank you! I hadn't realised i could leave it blank. Damn. Ok, oh well. If they do use the default date is there a chance the court could award in their favour even if it's been 6 years since acknowledgment of debt?

            I acknowledged it on Friday. 14 days would have been the 6th. Do I now have an extra 14 days on top of this date?

            - - - Updated - - -

            Also I literally only put a sentence to say why I was defending did it need more than that ?

            Comment


            • #7
              Re: Received claim for mobile account

              Originally posted by cc1110 View Post
              Ok, thank you! I hadn't realised i could leave it blank. Damn. Ok, oh well. If they do use the default date is there a chance the court could award in their favour even if it's been 6 years since acknowledgment of debt?

              I acknowledged it on Friday. 14 days would have been the 6th. Do I now have an extra 14 days on top of this date?

              - - - Updated - - -

              Also I literally only put a sentence to say why I was defending did it need more than that ?
              Hi,

              Has the court acknowledged the defence and stated that it will be passed to the claimant?

              You have 28 days from the date of issue on the top RH side of the N1 claim form.

              nem
              The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
              Please make your own decisions with care and if necessary seek qualified legal advice.
              I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




              Comment


              • #8
                Re: Received claim for mobile account

                The only email I received was the gateway confirmation. Nothing else

                Comment


                • #9
                  Re: Received claim for mobile account

                  Originally posted by cc1110 View Post
                  The only email I received was the gateway confirmation. Nothing else
                  Ok Let's hope the court took the matter as purely an intention to defend.

                  nem
                  The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                  Please make your own decisions with care and if necessary seek qualified legal advice.
                  I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                  Comment


                  • #10
                    Re: Received claim for mobile account

                    Ok so how do I go about defending it?

                    Comment


                    • #11
                      Re: Received claim for mobile account

                      Have you phoned the court to check on the status of the claim?
                      They should be able to tell you whether anything you have submitted could amount to a written defence which has been accepted by the court, or if it has been deemed as just an intention to defend.
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Received claim for mobile account

                        Ok just called the court and yes unfortunately it has been submitted as defence.

                        Comment


                        • #13
                          Re: Received claim for mobile account

                          How much is being claimed?
                          CAVEAT LECTOR

                          This is only my opinion - "
                          Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Received claim for mobile account

                            Originally posted by cc1110 View Post
                            Ok just called the court and yes unfortunately it has been submitted as defence.
                            Now you must gather all the " evidence" to back up your Statute Barred defence. Have you checked your credit files for this debt?

                            nem
                            The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                            Please make your own decisions with care and if necessary seek qualified legal advice.
                            I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                            Comment


                            • #15
                              Re: Received claim for mobile account

                              The debt was 794 and it is 987 with court fees. Do I need to request CCA or CPR seen this on another thread.
                              The debt is on my credit file yes and it drops off Jan 2017 ( default Jan 2011) but know I didn't pay anything way before that date.

                              Should the court rule in their favour how much approx would they add to the debt if they wanted to add on their court fees?

                              Comment

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