STATUTE BARED???? Mobile phone contract from May 2010 .

[ina]

Hi ,I have received a CCJ and I plan to defend as statute bared. Any advice on haw I should prepare my defence in this way? Can be statute bared by CCJ?
In May 2010 I had a contract with Tmobile, they charged me for calls to lycamobile in the UK as international calls and I didn't pay the bill. Soon after that my account was closed wile in dispute and my file was transferred to a debt collection agency. Since then I didn't have any contact with them. Can this account be statute bared?
Thank you so much in advance!

[R0b]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi Ina,

I think you are going to have to provide more information in order for one of us to assist you. Perhaps you could fill out the following infomation so that we can get a clearer picture, also if you can explain when you made the last payment and when you think T mobile terminated the agreement. Mobile phone contracts are not usually a regulated credit agreement but it does not prevent you from making further inquiries such as a SAR request though it could be difficult and also writing to the solicitors for the documents they rely upon.

it will also be helpful the date when you acknowledged the claim.

Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

[ina]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Good afternoon,
Last payment was made on 12 May 2010.
I have no idea when Tmobile terminated the agreement, unfortunately.
Yes ,I did receive a claim and the issue date is 14 Sep 2016, for the amount of 875.94 GB.The claimant is LOWELL and the solicitors, Cohen Cramer solicitors.
Monday the 17 October is the last day when I can send my defence to the CCJ.
I didn't send any letters to them or any other form of acknowledgement to any debt collection agency. Only with Tmobile I have tried to resolve the issue over the phone until September 2010. Nothing since that date.
I don't know if the debt is statute barred, I really hope it is. Can be statute barred if they take me to CCJ?
Particulars of claim.
The claim is for the sum 699.06.
due by the Defendant under a non regulated The Sigma-FInancial GroupLimitedaccount with an account reference of......
The Defendent failed to mantain contractual payments required under the terms of the account agreament.
The debt was legally assigned to the claimant on 12 nov 2015, notice of wich was been given to the defendant.
The claim includes statuory interest under S69 of the County Courts Act 1984 at a rate of 8%per annum from the date of assignment to the date of the issue of these proceding in the sum of 46.88
The claimant claims the sum of 745.94

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Does this account appear on your credit reference files? You can check Noddle free online, if it does show it may help to judge the statute barred status.

nem

[ina]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi, yes it is on my credit file from December 2010.

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi, yes it is on my credit file from December 2010.

What's the Default Date on the file?

nem

[ina]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi, 10/12/2010 is the default date.

[ina]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Help please!

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi, 10/12/2010 is the default date.

Hello Ina, sorry for delay in replying my computer has been down and I have chunks of data /posts missing.

Ideas, the last payment being in May and a default In Dec 2010.

I would go for statute barred as a defence although the claimant /solicitors are likely to argue the default date started 6the 6 year period more on that later.

What have you done so far?

Your defence should be in this week I seem tp recall?

nem

Sent a request under the provisions of Civil Procedure Rule 31 .14 to get copies of the documents mentioned in the particulars of claim?

Have you

[charitynjw]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

If the claim issue date was 14th September, you should have filed a defence by 4pm today (17th October).
I trust you filed an acknowledgement of the claim previously with the court?
[MENTION=55034]nemesis45[/MENTION]......any advice?

[Linus]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Hi
just something that springs to mind

Were you in a contract - I assume so
If so, when would that contract have ended ?


If it was due to end before 14th September 2010 that would add weight to your SB defence , at least i think it would

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[QUOTE=nemesis45;684127]Hello Ina, sorry for delay in replying my computer has been down and I have chunks of data /posts missing.

Ideas, the last payment being in May and a default In Dec 2010.

I would go for statute barred as a defence although the claimant /solicitors are likely to argue the default date started 6the 6 year period more on that later.

What have you done so far? I only have part of post #2 showing did you acknowledge service of the claim?

Your defence should be in this week I seem to recall?

nem

Sent a request under the provisions of Civil Procedure Rule 31 .14 to get copies of the documents mentioned in the particulars o

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

If the claim issue date was 14th September, you should have filed a defence by 4pm today (17th October).
I trust you filed an acknowledgement of the claim previously with the court?
@nemesis45......any advice?

Hello [MENTION=5553]charitynjw[/MENTION] I'm glad you looked in here is that correct today for In's defence ?

I only have bits of this and a couple of other threads due to the computer problems some of is machine code I think.

Perhaps we can get something on to MCOL before midnight.

I can't see if the claim was acknowledged.

nem

[charitynjw]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

Hi nem

ina hasn't yet confirmed whether court ack was filed.
Issue date apparently was 14th Sept, so yes, defence due today.

[nemesis45]

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

@nemesis45

Hi nem

ina hasn't yet confirmed whether court ack was filed.
Issue date apparently was 14th Sept, so yes, defence due today.

Bugger!!

I see R0b asked for details but it's corrupted on my computer

Was there a dispute on the account?
I know Lowell the claimant but little else in front of me to work on.

nem