**DISCONTINUED!** Claim Form Recieved, Questions!

[m150984]

Re: Claim Form Recieved, Questions!

The SAR info is more for your own personal use (to compare with whatever might be disclosed by the Claimant/sols).

Thanks for the advice. I have a feeling this debt is from over 8 years ago from a phone my sister used to have, she says she paid it up but the SAR will show me if this was paid.

[charitynjw]

Re: Claim Form Recieved, Questions!

From what I've seen, these claims are largely based on remaining airtime/early termination clauses.

[m150984]

Re: Claim Form Recieved, Questions!

From what I've seen, these claims are largely based on remaining airtime/early termination clauses.

As it was so long ago, would it not be considered dormant by now if it is this? I intially thought it was a con when they used to send their letters, looked like someone had printed them at home

[warwick65]

Re: Claim Form Recieved, Questions!

Hi
The problem you may have is that many of these contracts have a clause in them that say they become a rolling monthly contract at the end of the fixed term - as such if I took a phone contract out today for 24 months and stopped paying after 24 months it might be several months before it was actually terminated.

Equally , if I upgrade early - say 90 days with a new 2 year contract it does not expire until 2 years and 90 days from the start date

Going back to the request for the deed, the letter from the solicitors is normal and you can still add a line in your defence asking them to prove they have the right to bring a claim by producing the Deed of assignment - with luck a Judge would order disclosure

- - - Updated - - -

The problem with small amounts is that unless you get fee remission is it often just uneconomic to try and force disclosure , in this case it may cost £255 which the claimants may accept as a full and final

It drives me mad that justice is easier for those that can afford to pay but what do you expect with Governments that are on the side of business

[m150984]

Re: Claim Form Recieved, Questions!

Example Defence

Does this look okay

DEFENCE

1. I received the claim D1HK8X07 from the Northampton County Court on 20^th June 2017
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Mobile phone contract agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from EE Limited (formerly T-Mobile UK Ltd) to Lowell Portfolio I Ltd on 30^th September 2014. The Defendant does not recall receiving notice of this assignment.
8. On the 21^st June 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell’s Solicitors Limited I requested the Claimant provide copies of the Agreement / Contract, Assignment, Formal Demand
9. Lowell’s Solicitors Limited has not sent any of these documents to me.
10. 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: Claim Form Recieved, Questions!

You should add in your contention that the debt is statute barred too.

The Defendant contends the alleged debt, if it exists, would be statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

[charitynjw]

Re: Claim Form Recieved, Questions!

From post #2

Secondly , as it was a telecoms contract ( unless it was a part service and part credit for the phone) a s78 is no good to you.

From post #3

It wasnt a part service, part goods, im on that type of contract now myself.

From post #28

Scrub any reference to the CCA (S87 Default Notice, CCA request etc), as you've already stated that it doesn't apply.

[m150984]

Re: Claim Form Recieved, Questions!

You should add in your contention that the debt is statute barred too.

The Defendant contends the alleged debt, if it exists, would be statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

Thanks, I have now readded that part. When filing my defence online, do i keep it in the same format, with the numbering?

[m150984]

Re: Claim Form Recieved, Questions!

Hi Guys, just an update from me. I wasn’t able to go to mediation as I didn’t have any information from the claimant around the debt and still dispute this. I also received a letter back from EE stating that they couldn’t provide me with the SAR requested as the address on my letter is not linked to the address on the account, I’ve now resubmitted this with my previous address on to see what that brings up. I now have a court date on the 7th December, I’m hoping to get the SAR back before this so I can see what the actual debt is.

Would it be worth me chasing Lowells again for some information, they rejected giving me this last time and I feel like I’m going to be going in to the court blind.

So far all I have a copy of my credit file for the last 6 years which show no accounts with EE or T-Mobile and it also shows no defaults or late payments on any bit of credit I have had over this period. I have all the letters that I have sent to Lowells and EE requesting information and their responses of not being able to provide me with this.

[Amethyst]

Re: Claim Form Recieved, Questions!

Do you have a date to produce evidence and witness statements by? ( usually says on 2nd page of the hearing notification letter )

[m150984]

Re: Claim Form Recieved, Questions!

Do you have a date to produce evidence and witness statements by? ( usually says on 2nd page of the hearing notification letter )

I haven't got the letter with me at the moment but i can check as soon as im back at home. I didnt know i had to do that myself. Would it be the same for the claimant.

[Amethyst]

Re: Claim Form Recieved, Questions!

Yes, usually it's about 14 days before the hearing date, but sometimes can be earlier, so best to check the letter. Witness Statement are exchanged, so both yours and claimants will be due to be filed ( sent to court) and served ( sent to other side) on same day.

[m150984]

Re: Claim Form Recieved, Questions!

In terms of my witness statement, what would you suggest i write for this. Would it be providing all the information that i mentioned in my message earlier today.

I know the claiment has until 10th or 11th to do something, otherwise it will be trown out, could that be what you mean?

[m150984]

Re: Claim Form Recieved, Questions!

Actually, I have found the letter in my bag. The hearing is due to take place at 10am on 8th December and the claimant has until 4pm on 10th November to pay the trial fee or file a properly completed application otherwise it will be struck out (is there anyway to check this has been paid?)

It then says i have to deliver the doucments to the other party that i intend to rely at the hear, no later than 14 days before the hearing.

[charitynjw]

Re: Claim Form Recieved, Questions!

Phone the admin centre for the court listed on the letter.
https://courttribunalfinder.service....search/address

Click the link for 'more details' after you have searched for the location.