Overdales CCJ Claim Form (HELP???) 3 days left to defend!!!!!

[echat11]

So two fraudulent accounts have been set up in your name and you are being held responsible for the debts on those accounts.

Rob might be able to look at it, but time is short to file your Defence.

[ostell]

When is your defence due? Don't miss the date

[enigma18]

When is your defence due? Don't miss the date

echat11 ostell MIKE770

I have until the end of today. Please see the attached PDF.

[enigma18]

echat11 ostell MIKE770

I have until the end of today. Please see the attached PDF.

des8

Would appreciate anyone's support with this Defence above. Please!!!!!!!!!!!!

[echat11]

Can you write out what there Particulars of Claim are?

Phone contracts are not regulated agreements under the Consumer Credit Act 1974 (Remove 3 and 13)

The example Defence deals with credit card accounts etc.

[enigma18]

Can you write out what there Particulars of Claim are?

Phone contracts are not regulated agreements under the Consumer Credit Act 1974

The example Defence deals with credit card accounts etc.

The claim is for the sum of 327.XX due by the Defendant under a Three Mobile account with an account reference of XXXXXXXXXX
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on XX-XX-19, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of 26.XX
The claimant claims the sum of 353.XX

echat11 Thank you I will amend as suggested. Also should I add another note clarifying receipt of SAR and that it will be used to support my statements.

[echat11]

The claim is for the sum of 327.XX due by the Defendant under a Three Mobile account with an account reference of XXXXXXXXXX
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on XX-XX-19, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of 26.XX
The claimant claims the sum of 353.XX

echat11 Thank you I will amend as suggested. Also should I add another note clarifying receipt of SAR and that it will be used to support my statements.

Remove 3 and 13, I'll go through the rest.

[enigma18]

echat11 Changing Number 3 to "This claim is a mobile phone contract agreement regulated under the Consumer Contracts Regulations 2013."

[enigma18]

The claim is for the sum of 327.XX due by the Defendant under a Three Mobile account with an account reference of XXXXXXXXXX
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on XX-XX-19, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of 26.XX
The claimant claims the sum of 353.XX

echat11 Thank you I will amend as suggested. Also should I add another note clarifying receipt of SAR and that it will be used to support my statements.

echat11 Ok so is should I make the adjustment I suggested for number 3 or just remove 3, and yes 13 needs to be removed. So do you advise that I add the SAR note or just leave as??

Can't thank you enough for your help

[echat11]

echat11 Ok so is should I make the adjustment I suggested for number 3 or just remove 3, and yes 13 needs to be removed. So do you advise that I add the SAR note or just leave as??

Can't thank you enough for your help

Just remove 3 and 13, just leave as is.

[echat11]

Do these bits.

Point 4 - remove 'to provide credit'.
Point 6 - remove 'when the agreement was entered into'
Point 7 - add 'that' after confirmed
Point 9 - the signature does not match 'my signature', remove caps from 'Due Diligence'
Point 11 - collections 'department'
Point 14 - remove 'I' replace Defendant

You need to breakdown the Defence with headings:-

Defence to Claim

Background

The Claim

Particulars

Point 8 doesn't make sense, 'sold to the Claimant'.

[enigma18]

Do these bits.

Point 4 - remove 'to provide credit'.
Point 6 - remove 'when the agreement was entered into'
Point 7 - add 'that' after confirmed
Point 9 - the signature does not match 'my signature', remove caps from 'Due Diligence'
Point 11 - collections 'department'
Point 14 - remove 'I' replace Defendant

You need to breakdown the Defence with headings:-

Defence to Claim

Background

The Claim

Particulars

Point 8 doesn't make sense, 'sold to the Claimant'.

echat11 MIKE770 des8

Ahhh I submitted the defence before seeing this, I could resubmit on Monday or shall I leave it.

Good news, Three has just accepted fraud liability for the other account Lowell bought prior to this one that I mentioned in the defence.

Lowell will be receiving notification of this shortly which could hopefully influence them to withdraw this claim.

However, Three is still adamant on keeping their position for this account.

[echat11]

O.K. that's fine, very hasty. Who is the Claimant on the claim form you received?

You put Overdales.

[echat11]

Hopefully they will withdraw the claim.

How did you submit the Defence? Email to the Court, MCOL online?

[enigma18]

Hopefully they will withdraw the claim.

How did you submit the Defence? Email to the Court, MCOL online?

Email to the court.

Logged into MCOL today, received and filed successfully.

Submitted a complaint with Lowell's, got a response Friday saying they will look into and respond shortly.

Just been notified by Three that they are waiting for a response back from Lowell's for the other account which should push them to withdraw the claim for this account hopefully as they are fighting a losing battle.