orange bill being taken to court need to defend by 30th July

[veronica23]

Re: advice ugently being chased for debt i dont recall

Did you send it to Kati?

Yes i did this afternoon

[veronica23]

Re: advice ugently being chased for debt i dont recall

HI Charity

I had to type letter as I do not know how to send letter, this is what I received today,

From Reston
We would point out that the claim was issued via the county court business centre which is a procedure specificallly provided for the in CPR.
his procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice Direction 7E specificallly states the requirements in paragraph 7.3 of practice direction16 for documents to be attached to the particulars of contract claims does not apply for claims stared usung an online claim form, unless the particulars of the claim are served seperately in accordance with paragraph 5.2 of this practice direction.

we would also reming you that CPR 31.14 States
A party may inspect a document mentioned in

a/ a statement of case
b/ a witness statement
c/ a witness summary or
d/ an affidavit
you would have been provided with a copy of the contractractual Terms and Conditions of the time the account was opened and hence we see no reason why you now require an additional copy.

furthermore, the other documents you have requested are not mentioned in the particular of claim and therefore CPR31.14 (1)does not apply

Although your letter states that you require the requested documentation in order to file a defence/ counterclaim. we would point out that the particulars of claim contains sufficient information in order to understand what the claim relates to namely
The date the account was opened
a witness statement
the name of the orginial creditor and
the fact that the account has been assigned to the claimant and when it was assigned
.

I did get SAR from orange who could not provide me with any information as they dont keep information over two years.

Thanks for your help

[veronica23]

Re: advice ugently being chased for debt i dont recall

HI Charity

I had to type letter as I do not know how to send letter, this is what I received today,

From Reston
We would point out that the claim was issued via the county court business centre which is a procedure specificallly provided for the in CPR.
his procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice Direction 7E specificallly states the requirements in paragraph 7.3 of practice direction16 for documents to be attached to the particulars of contract claims does not apply for claims stared usung an online claim form, unless the particulars of the claim are served seperately in accordance with paragraph 5.2 of this practice direction.

we would also reming you that CPR 31.14 States
A party may inspect a document mentioned in

a/ a statement of case
b/ a witness statement
c/ a witness summary or
d/ an affidavit
you would have been provided with a copy of the contractractual Terms and Conditions of the time the account was opened and hence we see no reason why you now require an additional copy.

furthermore, the other documents you have requested are not mentioned in the particular of claim and therefore CPR31.14 (1)does not apply

Although your letter states that you require the requested documentation in order to file a defence/ counterclaim. we would point out that the particulars of claim contains sufficient information in order to understand what the claim relates to namely
The date the account was opened
a witness statement
the name of the orginial creditor and
the fact that the account has been assigned to the claimant and when it was assigned
.

I did get SAR from orange who could not provide me with any information as they dont keep information over two years.

Thanks for your help

Edit Post Reply Reply With Quote

[Kati]

Re: advice ugently being chased for debt i dont recall

.....

[veronica23]

Re: advice ugently being chased for debt i dont recall

I cant seem to get any replies to my questions am I do something wrong

[veronica23]

orange bill being taken to court need to defend by 30th July

HI Charity

I am not sure why i am not getting any response from your email address I have now posted again

I had to type letter as I do not know how to send letter, this is what I received today after asking for information to defend case.

From Reston
We would point out that the claim was issued via the county court business centre which is a procedure specificallly provided for the in CPR.
his procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice Direction 7E specificallly states the requirements in paragraph 7.3 of practice direction16 for documents to be attached to the particulars of contract claims does not apply for claims stared usuing an online claim form, unless the particulars of the claim are served seperately in accordance with paragraph 5.2 of this practice direction.

we would also reming you that CPR 31.14 States
A party may inspect a document mentioned in

a/ a statement of case
b/ a witness statement
c/ a witness summary or
d/ an affidavit
you would have been provided with a copy of the contractractual Terms and Conditions of the time the account was opened and hence we see no reason why you now require an additional copy.

furthermore, the other documents you have requested are not mentioned in the particular of claim and therefore CPR31.14 (1)does not apply

Although your letter states that you require the requested documentation in order to file a defence/ counterclaim. we would point out that the particulars of claim contains sufficient information in order to understand what the claim relates to namely
The date the account was opened
a witness statement
the name of the originial creditor and
the fact that the account has been assigned to the claimant and when it was assigned
.

I did get SAR from orange who could not provide me with any information as they dont keep information over two years.

Thanks for your help

[Amethyst]

Re: orange bill being taken to court need to defend by 30th July

Like this one ? https://ibb.co/kMgvH5 https://ibb.co/mV3xVQ

It's quite a standard letter so don't worry, just keep it in your court file with all the other papers

I'll merge your threads so things don't get lost. You need to be writing your defence now ?

[Amethyst]

Re: advice ugently being chased for debt i dont recall

so this post gives you the starting point for your defence

The example defence (link below) is used for CCA cases but can easily be adapted for mob phone ones.
Just scrub references to CCA (& if not applicable, stat barred).
Basically, your defence will be re their non-production of evidence plus any other factors unique to your particular situation.
http://legalbeagles.info/library/gui...-court-claims/

[veronica23]

Re: advice ugently being chased for debt i dont recall

I am really struggling to adapt this letter I am dyslexics can someone please help me, The debt is for an orange bill that has a contract not a agreement so I dont know if i have to delete under the consumer act etc. I really need to send it off tomorrow. thank you



In the Northampton County Court Business Centre
Claim No: [XXXXX]

[Claimants Name]
Claimant
And

[Defendants Name]
Defendant



DEFENCE

1. I received the claim [xxxxxxx from the Northampton County Court on 3^rd July 2017
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim is for an orange telephone bill contract regulated under the Consumer Credit Act 1974.
.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
.
5. The Claimants statement of case states that the account was assigned from [orange] to [Arrow Globalt] on December 21 2012[]. The Defendant does not recall receiving notice of this assignment.
6. It is denied that Orange] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
7. On the 3^rd July 2017] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons]. I requested the Claimant provide copies of contract, Default Notice and Notice of Assignment].
8. Reston Solicitors has not sent any of these documents to me.
9. On the 3^{rd July 2017} I sent a formal request for a copy of the original contract to Reston s solicitorsThe Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
10. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[Amethyst]

Re: advice ugently being chased for debt i dont recall

WIll do Looks like you have done fine so far anyway. Is it easier on a word document or on the forum ?

[veronica23]

Re: advice ugently being chased for debt i dont recall

I dont mind
thank you

[Amethyst]

Re: orange bill being taken to court need to defend by 30th July

Can you say anything along these lines?

5. I have used XXXX as my mobile telephone provider since xxxx and believe if there was any account with ‘Orange’ it would have been before then.

( just wondered as I have used Virgin since 2008 )

[Amethyst]

Re: orange bill being taken to court need to defend by 30th July

Sooo remove the red bit if it doesn't work .... it would need to be since 2010 really. Just noticed you mentioned earlier you thought if there was a debt it would be stat barred - do you have a specific reason for believing that ? You don't need to put anything there but of course it helps if you reason it out a little.

------------------------------------------------------------------------

DEFENCE

1. I received the claim xxxxxxx from the Northampton County Court on 3^rd July 2017

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim is for an ‘Orange’ mobile telephone agreement regulated under the Consumer Credit Act 1974.

4. I am unaware of ever having any debt with ‘Orange’. I have previously informed the Claimant I do not recognise the debt.

5. I have used XXXX as my mobile telephone provider since xxxx and believe if there was any account with ‘Orange’ it would have been before then. Subsequently I would contend the alleged debt would be statute barred pursuant to section 5 of the Limitations Act 1980.

6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

7. The Claimants statement of case states that the account was assigned from ‘Orange’ to Arrow Global on December 21 2012. The Defendant does not recall receiving notice of this assignment.

8. It is denied that ‘Orange’ served any Default Notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9. On the 3^rd July 2017 I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor – Restons Solicitors. I requested the Claimant provide copies of contract, Default Notice and Notice of Assignment.

10. Reston Solicitors has not sent any of these documents to me. They have responded informing me that they have no obligation to provide me with these documents, which I would dispute. I require the documents to evidence the claimant is legally entitled to bring this claim, and so I may assess whether I have any liability to either them or 'Orange'.

11. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded to my request.

12. In addition, to find out more information, I have sent a formal Subject Access Request directly to the alleged original creditor ‘Orange’ (now part of ‘EE’), pursuant to the Data Protection Act. They have responded to inform me that they do not keep information for more than two years and as such were unable to assist.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth .....

[veronica23]

Re: orange bill being taken to court need to defend by 30th July

Thank you very much
I had someone look at my credit and it says that I defaulted 8th november 2011. is this statue barr or do I leave this bit out, t

thank you I will send letter off when you confirm if it is staue barr

[Amethyst]

Re: orange bill being taken to court need to defend by 30th July

It really will depend on when you actually ceased payment on the account, and whether it was a 12/18 month contract, and whether that date on the credit file is genuine. I wouldn't put that date in but leave the basic statute barred line in, just take out the red part.