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Thread: Received claim for mobile account

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  1. #26
    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    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
    Did you check with the court on the status of the claim?
    There's been some delays in the system due to the extended holiday period.

    nem
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  2. #27
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    She just said the claim has been stayed ?

  3. #28
    charitynjw's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    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
    Do you mean CPR request?

    @nemesis45 post #16
    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
    Or is yours one of the 'split tariff' accounts where you pay for a handset on credit?
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  4. #29
    nemesis45's Avatar

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    Default Re: Received claim for mobile account

    Good point Charitynjw,

    Mobile provider such as Tesco have a number of phones that can be bought via a credit account I had one myself definitely a regulated agreement.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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  5. #30
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Sorry yes, I meant cpr. Only ever had Normal pay pay monthly contracts ( 'free' phone with contract )

  6. #31
    charitynjw's Avatar

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    Default Re: Received claim for mobile account

    If it were me I'd SAR Vodafone for any details they hold.
    I would want to pinpoint the exact date when the account was defaulted & terminated, as that is likely to be the trigger date for the statute-barred defence.
    It will cost the Claimant £250+ to lift the stay, so they might make a commercial decision not to bother, but if you have absolute proof that it is SB, you are in a much better position should they decide to do so.
    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

  7. #32
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    I contacted them at the beginning and they had no records whatsoever. Default date is next month. I know for an absolute fact it is sb just looking back at circumstances.

    - - - Updated - - -

    I have the termination date which was September 2010

  8. #33
    charitynjw's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    I contacted them at the beginning and they had no records whatsoever. Default date is next month.
    Via Experian?
    I know for an absolute fact it is sb just looking back at circumstances.

    - - - Updated - - -

    I have the termination date which was September 2010
    Written proof?
    ####
    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

  9. #34
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Yes that's the date on Experian.

    Not written no, that's just what the claimant told me.

  10. #35
    charitynjw's Avatar

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    Default Re: Received claim for mobile account

    Quote Originally Posted by cc1110 View Post
    I know for an absolute fact it is sb just looking back at circumstances.
    Perhaps you could clarify?

    With mobile phone debts, 'last payment' is not necessarily a good indicator of the SB trigger date; the contract itself often can (& does) run on 'in default' for months after the actual default (missed payments).
    & if the documented Experian default date is decided to be the trigger date rather than the verbal termination date, as the claim was issued before the 6 years is up, the SB clock pauses due to the court claim.

    Of course, you can always gamble that the claim will remain stayed.
    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

  11. #36
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Hi, I've just had a questionnaire posted. So it looks as though the claimant has applied to lift the stay. It offers the chance for medication. If I apply for medication and it is settled out of court would there be a new mark on my credit file? As this has recently been removed.

    Many thanks

  12. #37
    N93's Avatar

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    Default Re: Received claim for mobile account

    Hello

    How long after last payment do they have to terminate the agreement?

  13. #38
    N93's Avatar

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    Default Re: Received claim for mobile account

    And make it default.

    - - - Updated - - -

    Then make it default

  14. #39
    cc1110's Avatar

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    Default Re: Received claim for mobile account

    Sorry do you mean as per contract? I don't know as I don't have it. I called original creditor and last payment was just before claim came through and termination date was just after. There's really not much in it.

    Am I right that if we go to mediation and agree to a payment plan it will be logged on file as a ccj? As CAB told me it wouldn't go on my file as it has been taken off and out of court it wouldn't be a ccj. Can you clarify ?

    The whole this is making me ill tbh, sounds dramatic maybe but I've just had a baby and my son has special needs, I've been his carer the last 5 years and finally we seem to be getting things together after his diagnosis and trying to buy our house and now this. 😓

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