Court Claim - ME IV LIMITED / EE - 6-12-2017

[mdl]

Received a claim? Yes
Issue Date: 6-12-2017
Amount approx:
Claimant: ME IV LIMITED
Solicitor: MORTIMER CLARKE SOLICITORS
Original Credit: EE

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Any help appreciated . the lady at solicitors said they do not have documents (agreements etc) but i should request them still right? Is it pointless to send a CCA request in the case of mobile phones (as i think this is what is said in the guide) .



edit.. I have sent the CPR 31.14 request today. As mentioned the solicitors appear to have no documents and mentioned that the case was old . the original contract being from 22nd november 2012 I am told.

If they are unable to provide a copy of an agreement ( agreement is referenced in the claim form not contract) does this make it possible to deny knowledge of the phone contract. I actually stopped paying due to poor service at my home address. I remember trying to work with them at the time.

I offered to pay £200 in full and final settlement over the phone , which they declined and said only full payment minus 20% would be accepted.

edit...

regarding the order for inspection , https://legalbeagles.info/library/gu...s-order-court/

if I apply for one with regard to an agreement and they do not provide one does this make the claim end in my favour? when would I apply for this order? bearing in mind i acknowledged the claim and requested the cpr 31.14 today .

[mdl]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

bump

[R0b]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Hello,

More information is needed from you and in particular you have not said in your first post what the particulars of claim say and you've left blank the approximate amount. It would be helpful if you could provide us with this so we can understand what the full position is in terms of what you offered and what they are seeking

Did you receive a letter before action in accordance with the Pre-Action Protocols for Debt Claims? If so, you should have been provided with a Reply Form and what did you indicate on that form, did you request any documents?

You also said that you stopped paying due to poor service, can you explain what this poor service was?

As for the CCA request, I don't recall EE ever offering one but other mobile providers like O2 and Vodafone have previously offered consumer credit agreements for the phone separate to the airtime. This is why its important to know what the particulars of claim say amongst other things.

Are you prepared to settle? If so, are you willing to meet the 20% if it comes to that?

[charitynjw]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Hi mdl, welcome to LB.

Approx how much is the claim for?
£255 for a disclosure app is quite a sum.
& even if they can't source the original agreement, there are other ways in which an alleged debt can be evidenced.

To my best knowledge, EE don't do consumer credit products, & I don't think T-Mobile or Orange did (though I haven't made extensive checks, so I may be wrong).
Our @slainte caragh might know a bit more...this will give her a nudge (Hiya, SC ).

One thing for sure....debt purchase co's like Cabot (ME IV) buy portfolios of 'non-performing' debt for pence in the pound &, with little or no investigation into the actual merits of the individual cases, aggressively chase them up to & including county court claims. (Hoping, no doubt, that the combination of legal representation & a court claim will frighten folks into paying).
Often, a robust challenge sends them packing.

If it were me I'd SAR EE for all data held. It costs £10, but is often worth its weight in gold....sometimes precisely because there is no (or very little) info held on record.
See top of thread for a SAR template.

& could you post up the Particulars of claim? That could also help.

[mdl]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Hi R0b , thanks for your reply.

The approximate amount is between £500 and £600

I did not receive a letters prior to the claim. I said this to lady at Mortimer clarke solicitors. I think she said from their point of view letters prior to the claim were sent.

the poor service was inability to receive a signal at my home address.

I'm not sure what you mean by meet the 20% as that is the same amount of discount they have offered at this stage. i.e £5** - 20% .

Here is what is said in the claim.

"By an agreement between everything everywhere RE EE & the Defendant dated 22/11/2012 ('the agreement') Everything Everywhere RE EE agreed to issue the Defendant with credit related to a mobile telephone. The defendant failed to make the minimum payments Due and the agreement was terminated. The agreements was assigned to the clamimant. The claimant therefor claims ********" ( this figure seems incorrect also , it has no £ but is £1000 more than the amount claimed box. )

If you meant would I settle by paying 20% of the total claimed then yes I would. I offered £200 , which is more than 30%


As mentioned I have sent the CPR yesterday and acknoledged, i'm confused slightly about the order for inspection. I am on a low income due to health reasons and perhaps would have the fees waived for the order for inspection but am unsure of when I would do that. the CPR letter was drafted from the sample provided here at legalbeagles.info . Is there much chance that my defence can be they have not provided the information requested without the order for inspection?

[mdl]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Hi mdl, welcome to LB.

Approx how much is the claim for?
£255 for a disclosure app is quite a sum.
& even if they can't source the original agreement, there are other ways in which an alleged debt can be evidenced.

To my best knowledge, EE don't do consumer credit products, & I don't think T-Mobile or Orange did (though I haven't made extensive checks, so I may be wrong).
Our @slainte caragh might know a bit more...this will give her a nudge (Hiya, SC ).

One thing for sure....debt purchase co's like Cabot (ME IV) buy portfolios of 'non-performing' debt for pence in the pound &, with little or no investigation into the actual merits of the individual cases, aggressively chase them up to & including county court claims. (Hoping, no doubt, that the combination of legal representation & a court claim will frighten folks into paying).
Often, a robust challenge sends them packing.

If it were me I'd SAR EE for all data held. It costs £10, but is often worth its weight in gold....sometimes precisely because there is no (or very little) info held on record.
See top of thread for a SAR template.

& could you post up the Particulars of claim? That could also help.

Hi , ,and thanks for the reply. regarding the SAR , what should I ask for? I was thinking everything they have , in particular notes on conversations with myself and customer services.

[R0b]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

I'm slightly confused with the amount being claimed. You said between £500-£600 but then go on further to mention £1000 which is a figure higher than the amount being claimed. It might be best if you upload a copy of the particulars of claim on here and redact any personal information and the claim number, or if you email to Kati@legalbeagles.info she can do this for you [MENTION=49370]Kati[/MENTION].

As for the SAR, you would require everything such as an account summary, notes on the account, any other correspondence e.g. emails and mention the email address you might have used to correspond with them if necessary etc. It is unlikely that EE are going to have the signed agreement anyway and I know this because I had a scuff with them in court and they admitted that any paperwork signed in retail shops gets destroy after around 3-6 months - the judge berated them on this point!

A few more questions:

- Do you agree that the date the agreement was entered into is accurate or could it be earlier in that it might be longer than 6 years or close to it?

- When you had a lack of signal, did you raise this with EE and go through any technical support. Are you still living in this area and do you know if the signal coverage is just as bad with EE and/or other mobile providers? You may have an argument that the contract was frustrated because they couldn't provide the proper service that you expected and so you owe no further monies. You would however need to back this up with evidence so the SAR is very much important in obtaining the relevant information if you did call EE about the signal problems.

There is also the question of the assignment and whether it was validly served. If no notice of assignment was given then that could potentially render the right for ME IV Limited to recover any sum as being unenforceable.

[mdl]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

I'm slightly confused with the amount being claimed. You said between £500-£600 but then go on further to mention £1000 which is a figure higher than the amount being claimed. It might be best if you upload a copy of the particulars of claim on here and redact any personal information and the claim number, or if you email to Kati@legalbeagles.info she can do this for you @Kati.

As for the SAR, you would require everything such as an account summary, notes on the account, any other correspondence e.g. emails and mention the email address you might have used to correspond with them if necessary etc. It is unlikely that EE are going to have the signed agreement anyway and I know this because I had a scuff with them in court and they admitted that any paperwork signed in retail shops gets destroy after around 3-6 months - the judge berated them on this point!

A few more questions:

- Do you agree that the date the agreement was entered into is accurate or could it be earlier in that it might be longer than 6 years or close to it?

- When you had a lack of signal, did you raise this with EE and go through any technical support. Are you still living in this area and do you know if the signal coverage is just as bad with EE and/or other mobile providers? You may have an argument that the contract was frustrated because they couldn't provide the proper service that you expected and so you owe no further monies. You would however need to back this up with evidence so the SAR is very much important in obtaining the relevant information if you did call EE about the signal problems.

There is also the question of the assignment and whether it was validly served. If no notice of assignment was given then that could potentially render the right for ME IV Limited to recover any sum as being unenforceable.

the figure quoted at the end of the "particulars of claim" section is £1000 more than the claim amount but has no £ i.e 1 . 576 . 70 where 576.70 is the amount claimed. the total amount in the boxed area is £576.70 + £35 court fee and legal representatives costs of £50. presumably something is incorrect with this.

I did raise this with ee with no success at an acceptable outcome. in theory the area was fine but in practice for some reason around the area of my house there was some sort of issue. yes my issue was with that.

[slainte caragh]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Hi R0b , thanks for your reply.

The approximate amount is between £500 and £600

I did not receive a letters prior to the claim. I said this to lady at Mortimer clarke solicitors. I think she said from their point of view letters prior to the claim were sent.

the poor service was inability to receive a signal at my home address.

I'm not sure what you mean by meet the 20% as that is the same amount of discount they have offered at this stage. i.e £5** - 20% .

Here is what is said in the claim.

"By an agreement between everything everywhere RE EE & the Defendant dated 22/11/2012 ('the agreement') Everything Everywhere RE EE agreed to issue the Defendant with credit related to a mobile telephone. The defendant failed to make the minimum payments Due and the agreement was terminated.
Did you stop making payments after asking for free disconnection or just stop paying because of the issues? Had free of charge disconnection been agreed or were alternative options discussed (boostboxes etc?)

The agreements was assigned to the clamimant. The claimant therefor claims ********" ( this figure seems incorrect also , it has no £ but is £1000 more than the amount claimed box. )

If you meant would I settle by paying 20% of the total claimed then yes I would. I offered £200 , which is more than 30%


As mentioned I have sent the CPR yesterday and acknoledged, i'm confused slightly about the order for inspection. I am on a low income due to health reasons and perhaps would have the fees waived for the order for inspection but am unsure of when I would do that. the CPR letter was drafted from the sample provided here at legalbeagles.info . Is there much chance that my defence can be they have not provided the information requested without the order for inspection?

Thanks for mentioning me [MENTION=5553]charitynjw[/MENTION] I hadn't seen this (work eh?!?!?). I can confirm that EE did not offer CCA agreements in 2012 and still don't to my knowledge so none will be provided, sorry

- - - Updated - - -
[MENTION=71570]R0b[/MENTION]
Theoretical question (ooh that's a long word after a 12 hour shift ) :

If the OP did not previously claim to cancel the contract under it, can a defence of not fit for purpose under the Sales of Goods and Services Act be submitted this far in arrears?

Just trying to think of things to help out.

Callie

[R0b]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Well the SGSA has been superceded by the Consumer Rights Act but to answer your question, the OP would have to claim that the handset was not of satisfactory quality or fit for purpose and prove it. As for the services well that should be provided with reasonable skill and care - I don’t think that can be relied on.

That’s why I mentioned frustration of contract because if something occurs without fault to either party, the contract can be discharged.

[mdl]

Re: Court Claim - ME IV LIMITED / EE - 6-12-2017

Well the SGSA has been superceded by the Consumer Rights Act but to answer your question, the OP would have to claim that the handset was not of satisfactory quality or fit for purpose and prove it. As for the services well that should be provided with reasonable skill and care - I don’t think that can be relied on.

That’s why I mentioned frustration of contract because if something occurs without fault to either party, the contract can be discharged.

Hi. With regards to frustration of contract, how might I word my defense?