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Thread: Received claim for mobile account

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    cc1110's Avatar

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    Default 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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    cc1110's Avatar

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    Default 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 ?

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote 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?
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    cc1110's Avatar

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    Default 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.

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote 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.
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    cc1110's Avatar

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    Default 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 ?

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    Default Re: Received claim for mobile account

    Quote 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.





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    cc1110's Avatar

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    Default Re: Received claim for mobile account

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

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote 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.





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    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Ok so how do I go about defending it?

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    Default 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.
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    Default Re: Received claim for mobile account

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

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    Default 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

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote 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.





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    cc1110's Avatar

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    Default 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?

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    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?
    CCA request is not appropriate as phone accounts are " service contracts" not regulated by CCA 1974.
    CPR to the solicitors but make sure you only request the actual documents mentioned in the POC.

    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.





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    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Ok thank you

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    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Hi, the 28 days the claimant has to reply to defence .. is that working days ? And does it include the I filed the defence?

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    Hi, the 28 days the claimant has to reply to defence .. is that working days ? And does it include the I filed the defence?
    Hi 28 days + 5 for service from the date the claimant receives the defence ( calendar days)

    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.





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    cc1110's Avatar

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    Default Re: Received claim for mobile account

    So I filed on 25th November so by my calculations that is the 27th ( assuming they include Christmas Day etc )

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    cc1110's Avatar

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    Default Re: Received claim for mobile account

    I have also not had a reply to my cca request. Is that 14 days from which i sent it ?

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    I have also not had a reply to my cca request. Is that 14 days from which i sent it ?
    12 + 2 Working Days from the date the claimant received the claim.

    Did you send the request by signed for post?

    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.





  23. #23
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Yes I did.

    What do I do if I do no receive a reply to either within the time frame

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    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    Yes I did.

    What do I do if I do no receive a reply to either within the time frame
    Good morning,

    The failure to comply with the CCA request renders the debt unenforceable until the agreement or a compliant reconstituted one is provided, this situation if not remedied will form part of your 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.





  25. #25
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Hi,

    So I never got a reply to the cca request and it has passed the 28days for the claimant to respond to my defence and so the claim is now stayed.

    What's the likelihood that they'll still persue this and is there anything. I need to be doing in the meantime ?

    Thank you

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