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Hey,
I've spent roughly 6 hours tonight looking through as many threads as possible to try and collate the correct information before proceeding.
Today we received a county court claim form from Lowell for my partner regarding an O2 account.
The county court business centre in Northampton is the addressed court - which is problematic for us to be able to attend any hearings etc as we are from North Yorkshire.
The particulars of the claim are as follows:
1) the defendant entered into an agreement with O2 (uk) ltd under account reference XXXXXXXXXX ('the agreement').
2. The defendant failed to maintain the required payments and the service was terminated.
3. The agreement was later assigned to the claimant on 31/01/2013 and notice given to the defendant.
4. Despite repeated requests for payment, the sum of £525.62 remains due and outstanding.
And the claimant claims
A) the said sum of £525.62
B) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.115, but limited to one year, being £42.05
C) costs
Now there's a few issues I have personally with this as we can NOT be certain this account became statute barred or whether within the next 6 months it will become statute barred.
We've also received no correspondence barring a previous later stating intent to claim against my partner with the courts - we received that last week and now this which we received today.
From what I've gathered of reading around I need to submit a CPR 18 & CCA to the solicitors and a CCA to Lowell directly (to which I understand I need to specifically state that the £1 payable fee must not be used for anything other than its intended purpose - to prevent them from using the £1 to submit a payment against the account (surely they're playing with Fire doing that?
I need to login to the online account to submit my intent to defend the claim also which shall be done asap.
But I really just need some guidance, I understand why I'm doing what I'm doing but these guys just never seem to leave up. They're chasing me for an alleged debt that never even was a debt regarding an Avon selling account which I closed in the March of 2010 with verbal confirmation. Should I receive any correspondence I know a statute barred reply would suffice but this account issue is something else for us. We don't believe we owe the money as if he did, I would also owe money for the exact same reasons to the exact same company, which is not the case nor has it ever been.
Some help and guidance would be adored.
Please could someone provide me up to date appropriate templates for all letters I need to be sending out? Please and thank you.
I've spent roughly 6 hours tonight looking through as many threads as possible to try and collate the correct information before proceeding.
Today we received a county court claim form from Lowell for my partner regarding an O2 account.
The county court business centre in Northampton is the addressed court - which is problematic for us to be able to attend any hearings etc as we are from North Yorkshire.
The particulars of the claim are as follows:
1) the defendant entered into an agreement with O2 (uk) ltd under account reference XXXXXXXXXX ('the agreement').
2. The defendant failed to maintain the required payments and the service was terminated.
3. The agreement was later assigned to the claimant on 31/01/2013 and notice given to the defendant.
4. Despite repeated requests for payment, the sum of £525.62 remains due and outstanding.
And the claimant claims
A) the said sum of £525.62
B) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.115, but limited to one year, being £42.05
C) costs
Now there's a few issues I have personally with this as we can NOT be certain this account became statute barred or whether within the next 6 months it will become statute barred.
We've also received no correspondence barring a previous later stating intent to claim against my partner with the courts - we received that last week and now this which we received today.
From what I've gathered of reading around I need to submit a CPR 18 & CCA to the solicitors and a CCA to Lowell directly (to which I understand I need to specifically state that the £1 payable fee must not be used for anything other than its intended purpose - to prevent them from using the £1 to submit a payment against the account (surely they're playing with Fire doing that?
I need to login to the online account to submit my intent to defend the claim also which shall be done asap.
But I really just need some guidance, I understand why I'm doing what I'm doing but these guys just never seem to leave up. They're chasing me for an alleged debt that never even was a debt regarding an Avon selling account which I closed in the March of 2010 with verbal confirmation. Should I receive any correspondence I know a statute barred reply would suffice but this account issue is something else for us. We don't believe we owe the money as if he did, I would also owe money for the exact same reasons to the exact same company, which is not the case nor has it ever been.
Some help and guidance would be adored.
Please could someone provide me up to date appropriate templates for all letters I need to be sending out? Please and thank you.
)
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