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Received claim for mobile account

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  • #16
    Re: Received claim for mobile account

    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

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    • #17
      Re: Received claim for mobile account

      Ok thank you

      Comment


      • #18
        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?

        Comment


        • #19
          Re: Received claim for mobile account

          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

          Comment


          • #20
            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 )

            Comment


            • #21
              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 ?

              Comment


              • #22
                Re: Received claim for mobile account

                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

                Comment


                • #23
                  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

                  Comment


                  • #24
                    Re: Received claim for mobile account

                    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

                    Comment


                    • #25
                      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

                      Comment


                      • #26
                        Re: Received claim for mobile account

                        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

                        Comment


                        • #27
                          Re: Received claim for mobile account

                          She just said the claim has been stayed ?

                          Comment


                          • #28
                            Re: Received claim for mobile account

                            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?
                            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


                            • #29
                              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

                              Comment


                              • #30
                                Re: Received claim for mobile account

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

                                Comment

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