CCJ Please - Court Hearing help

[Kati]

Re: CCJ Please - Court Hearing help

[MENTION=55034]nemesis45[/MENTION] xx

[Kati]

Re: CCJ Please - Court Hearing help

Hi Nemesis

I've sent the SAR request to t mobile and they have requested for my current address proof and proof of the address during 2006 period when o2 initially signed contract.

1. However I don't have any address details from 2006 what are my options now, Ive called my bank they can't even provide me anything from 2006?Is there any legal paragraph/section to enforce sar now.

2. What if I am unable to get a sar copy how I will be able to proove that this is tstaue barred debt and does not belong to me.

Regards

OK ... so you have no proof of address for 2006, but I have no idea why O2 are actually asking for it?? What proof have you got that you are who you are (as in who they are meant tobe chasing)?

You could try contacting the ICO (https://ico.org.uk/for-organisations...on/complaints/) to see if they'll speed things up/smooth things over

[mightyg]

Re: CCJ Please - Court Hearing help

hi they have reqested for current address utility bill and any proof when I had o2 contract? could be they have my wrong details at that point of time as I don't recognise this debt?

thanks

[mightyg]

Re: CCJ Please - Court Hearing help

hi they have reqested for current address utility bill and any proof when I had T contract? could be they have my wrong details at that point of time as I don't recognise this debt? I've sent them email with my current address bill to provie my identitiy.

And I've read on the ICO website they can request to prove my identity which Ive done now however what if they come back to me and requiested the same do you have any legal section whcih I can quote for this unreasonable request.


thanks

thank

[nemesis45]

Re: CCJ Please - Court Hearing help

Hi MG,

It is certainly possible that you are being chased for something you never had, when various
mergers, takeovers took place thousands of numbers were recycled and reallocated to new
users.

Send the utility bill, as for the address earlier do you know the road name and/ or the area,
if so a simple post code check on line should come up with the details.

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi

Quick update, I spoke to DCA today to confirm the address and I’ve no connection with the address this account is related to. I’ve my bank statement for that period which relates to a different adderss.

I’ve then contacted T mobile and they advised me that until I provide any address proof from 2007 they won’t provide me SAR due to DCA and as advised by ICO there is little they can do if company does not provide SAR.

Now I am planning to address issue in my defence along with statue barred and out of country during the default CCJ being issued.

Can you please advise me on the following to make sure this debt is statue barred
The contract start date is 20/05/2007 and CCJ date is 29/06/2013 and there is no contacts/payments or any kind of acknowledgement during this period with t mobile or DCA.

I would appreciate your advice.


Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Responding to PM.
Statute Barred England and Wales = 6 years no payment or unequivocal written
admission of liability. Therefore clearly statute barred.

nem

- - - Updated - - -

Statute Barred England and Wales = 6 years no payment or unequivocal written
admission of liability. Therefore clearly statute barred.

nem

[mightyg]

Re: CCJ Please - Court Hearing help

I was just confused weather thats from the first bill date, thanks that would be the strong part of my defence.

Thanks.

[nemesis45]

Re: CCJ Please - Court Hearing help

You never had such an account never paid or acknowledged it at any time!

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi

I’ve received SAR from the dca and t-mobile.

Sar from T-mobile
SAR sent by T mobile shows contract start date 27/05/2007 and then first invoice on the same day and then payment 1^st payment taken on 11/06/2007 day and failed and credited back 12/06/2007 (DD FAILURE) and since then no payment OR contact made only invoices produced. Also mentioned in letter ‘no agreement as they are destroyed 2 years after the storage only payment history and contract address and phone details and my bank details provided 4 pages in total’.
- The address listed in the t-mobile sar was not my correct address for jun-2007 as I moved from that address in may-2007 and I’ve bank statements with different address to whats in contract for jun-2007.

As per SAR from dca:
Claim issue date is 05-Jun-2013 and judgement date is 29-jun-2013.
- And on a single page it says history provided from t-mobile and it says last payment in nov-2008 which is wrong as there are no payments/contacts ever made????


Pls answer my following questions?

1. Can you first of all assure me this is the statue barred debt based on info above??


2. Wrong address details in SAR at the time of contract can this be used as defence?


3. Incorrect payment info in DCA record can I use this as defence


I would really appreciate your advise

Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Hi

I’ve received SAR from the dca and t-mobile.

Sar from T-mobile
SAR sent by T mobile shows contract start date 27/05/2007 and then first invoice on the same day and then payment 1^st payment taken on 11/06/2007 day and failed and credited back 12/06/2007 (DD FAILURE) and since then no payment OR contact made only invoices produced. Also mentioned in letter ‘no agreement as they are destroyed 2 years after the storage only payment history and contract address and phone details and my bank details provided 4 pages in total’.
- The address listed in the t-mobile sar was not my correct address for jun-2007 as I moved from that address in may-2007 and I’ve bank statements with different address to whats in contract for jun-2007.

As per SAR from dca:
Claim issue date is 05-Jun-2013 and judgement date is 29-jun-2013.
- And on a single page it says history provided from t-mobile and it says last payment in nov-2008 which is wrong as there are no payments/contacts ever made????


Pls answer my following questions?

1. Can you first of all assure me this is the statue barred debt based on info above??


2. Wrong address details in SAR at the time of contract can this be used as defence?


3. Incorrect payment info in DCA record can I use this as defence


I would really appreciate your advise

Thanks

Hello mightyg,

Responding to your PM

OK first DD payment was not met. so this is also the final payment taking that as 12.6.2007 the claim was in
time by 5 days.

If we can get away with saying no payment was ever made because of the failed DD that is the only way this can possibly statute barred.

I am confused by the date argument was the address you gave when the service contract was signed you correct address on that date?

The last payment recorded in 12/2008 by the DCA is wrong it seems
Are we now to take it that you do recognise the account?

nem

[mightyg]

Re: CCJ Please - Court Hearing help

No I still don't recognize the account, there are no failed payments showing on bank statement in 12.06.2007 or any type of db or cr transaction.

DD cancelled payment is only showing in the t-mob SAR history and DCA don't have any record of this failed payment either in their SAR.

I never had this contract seems like identity theft and someone else have used my bank details once I've moved out of the property.

can you pls advise Is this a statue barred account based on all these facts in my defence????

[nemesis45]

Re: CCJ Please - Court Hearing help

As said in post 26, in my opinion the statute barred defence is border line and the only way to
go would to use as the defence and the judge will decide.

IF and it is a big if the court accepts that there was no payment from the start of the account in May 2007 it may be considered SB but I am of the opinion that it will be taken from the date of the failed payment in which case it would not be statute barred.

The important part is the you claim that you have never had such an account therefore none of the above is relevant anyway.

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Hi Nemesis

Bit of update, I've received the witness statement from DCA which is for the local court and which basically says even though I was out of country I was aware of the and CCJ should not be set aside. I am not sure why they have send the witness statement few days before hearing? its written by a trainee solicitor as it says in the statement.

I am bit stressed not sure as haven't read any where that sols send witness statements as well.

I can also confirm today that there is no payment on my account as Ive received bank statements from 2007 from my bank. As you mention in your last post am I still on the border line for the statue bar option?

Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Hi Nemesis

Bit of update, I've received the witness statement from DCA which is for the local court and which basically says even though I was out of country I was aware of the and CCJ should not be set aside. I am not sure why they have send the witness statement few days before hearing? its written by a trainee solicitor as it says in the statement.

I am bit stressed not sure as haven't read any where that sols send witness statements as well.

I can also confirm today that there is no payment on my account as Ive received bank statements from 2007 from my bank. As you mention in your last post am I still on the border line for the statue bar option?

Thanks

Hi Responding to your PM,
Can you please post a copy of the Witness Statement here please.
nem

- - - Updated - - -

Hi Nemesis

Bit of update, I've received the witness statement from DCA which is for the local court and which basically says even though I was out of country I was aware of the and CCJ should not be set aside. I am not sure why they have send the witness statement few days before hearing? its written by a trainee solicitor as it says in the statement.

I am bit stressed not sure as haven't read any where that sols send witness statements as well.

I can also confirm today that there is no payment on my account as Ive received bank statements from 2007 from my bank. As you mention in your last post am I still on the border line for the statue bar option?

Thanks

Hi Responding to your PM,
Can you please post a copy of the Witness Statement here please.
nem