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

[ina]

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

Good evening,
This is what I sent to CCJ. English is not my first language and that is all I could think of. I've seen all the replies after "Please help" just now. Definitely today is not my day ! (((


Claim number: xxxxxxxxxxxx


Claimant: LOWELL PORTFOLIO I LTD, RE: LOWELL FINANCIAL LIMITED


Defendant: xxxx xxxxxxxxx


1. The Defendant has not acknowledged or served the debt in any way in the last six (6) years.


2. The Defendant has not paid any part of this debt in the last six (6) years.


3 . Accordingly, the Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Section 5 of the
Statute of Limitations Act 1980 that says “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”


Statement of Truth
I,xxxxx xxxxxxxxxx, the Defendant, believe that the facts stated in this Defence are true.
Signed xxxxx xxxxxxx,
Date: 17/10/2016




Unfortunately, I think I sent my defence too late. At 15:41 I sent the email and have not received any confirmation after.
I called to ask if they received my email and apparently they can not check until tomorrow morning. I sent the same email again to the same email address and this time, I received confirmation, unfortunately at 16:08. Eight minutes late!
It seems that all I can do now is wait until tomorrow morning. If the claimant didn't ask for default judgment in this 8 minutes gap my defence will be acknowledged, if yes then I lost the case!
I will update tomorrow morning

[nemesis45]

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

Good evening,
This is what I sent to CCJ. English is not my first language and that is all I could think of. I've seen all the replies after "Please help" just now. Definitely today is not my day ! (((

Claim number: xxxxxxxxxxxx


Claimant: LOWELL PORTFOLIO I LTD, RE: LOWELL FINANCIAL LIMITED


Defendant: xxxx xxxxxxxxx


1. The Defendant has not acknowledged or served the debt in any way in the last six (6) years.


2. The Defendant has not paid any part of this debt in the last six (6) years.


3 . Accordingly, the Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Section 5 of the
Statute of Limitations Act 1980 that says “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”


Statement of Truth
I, Cezar Tonita, the Defendant, believe that the facts stated in this Defence are true.
Signed xxxxx xxxxxxx,
Date: 17/10/2016




Unfortunately, I think I sent my defence too late. At 15:41 I sent the email and have not received any confirmation after.
I called to ask if they received my email and apparently they can not check until tomorrow morning. I sent the same email again to the same email address and this time, I received confirmation, unfortunately at 16:08. Eight minutes late!
It seems that all I can do now is wait until tomorrow morning. If the claimant didn't ask for default judgment in this 8 minutes gap my defence will be acknowledged, if yes then I lost the case!
I will update tomorrow morning

Well done we were worried that the deadline had been miss 15.41 is fine MCOL will update probably overnight.

nem

[ina]

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

Good evening.
MCOL updated my claim overnight. My defence is admitted now. Any suggestions in regards to the next steps?????? I'm in great need of help.

[Anthony72]

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

This may sound like a silly question but I am assuming you were in the UK when you made the phonecalls . Where was the receiving mobile and sim card bought?


Lycamobile operate in man different countries so is it possible that although in the UK when the calls were received , the sim was bought in another country

[ina]

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

It is not silly at all. I was in UK, London to be more specific and the receivers were in London as well. My sim was purchased from East London, Stratford and their sim from London as well.

[ina]

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

Good afternoon,
Any template letter for a request under the provisions of Civil Procedure Rule 31 .14 to get copies of the documents? Do I have to send any payment with the letter?

[nemesis45]

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

Good afternoon,
Any template letter for a request under the provisions of Civil Procedure Rule 31 .14 to get copies of the documents? Do I have to send any payment with the letter?

4

Hello Ina,

Yes top of the Court Claim Forum in a green box. There is No fee. Don't ask for anything that is not mentioned in the POC.

nem

[charitynjw]

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

Good afternoon,
Any template letter for a request under the provisions of Civil Procedure Rule 31 .14 to get copies of the documents?
http://legalbeagles.info/forums/show...ic-information
Do I have to send any payment with the letter?
No fee, but get proof of sending it. It normally goes to the Claimant's legal representative.

####

(crossed posts with nem )

[ina]

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

At claimant I add Lowell .........etc or Cohen Cramer?
I need to send the letter is the solicitors address ?

[nemesis45]

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

At claimant I add Lowell .........etc or Cohen Cramer?
I need to send the letter is the solicitors address ?

Lowell is the claimant gets the CCA request Cohen sols get the CPR request at the address on the claim form.

nem

[ina]

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

The CCA applies for mobile phone contracts to? Sorry, I hope I'm not rude.

Celestine
Site Owner

Join DateMay 2007Posts7,875Thanks (Given)12664Thanks (Received)8118Mentioned146 Post(s)

Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

This is a basic request for a copy of your regulated consumer credit agreement which you are entitled to under sections 77 - 79 of the Consumer Credit Act 1974 (CCA)

These sections cover lending such as;
Fixed sum Credit (S77): Loans
Variable Sum Credit (S78): Credit Cards, Catalogues
Hire Purchase (S79): HP agreements

nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts are NOT covered by the CCA.

[nemesis45]

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

The CCA applies for mobile phone contracts to? Sorry, I hope I'm not rude.

Celestine
Site Owner

Join DateMay 2007Posts7,875Thanks (Given)12664Thanks (Received)8118Mentioned146 Post(s)

Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

This is a basic request for a copy of your regulated consumer credit agreement which you are entitled to under sections 77 - 79 of the Consumer Credit Act 1974 (CCA)

These sections cover lending such as;
Fixed sum Credit (S77): Loans
Variable Sum Credit (S78): Credit Cards, Catalogues
Hire Purchase (S79): HP agreements

nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts are NOT covered by the CCA.

Sorry Ina ( some debt buyers do state ( wrongly ) that the CCA regulates phone contracts it was just an example and you are certainly not being rude in anyway.

nem

[ina]

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

Good evening, I m in need of advice again please!
I received a letter in November from Cohen Cramer solicitors and they inform me that my case was sent back to Lowell because I sent a defense to the court. Since then till today I didn't received any further letters or anything. Any ideas about what might happen now? Is there any time limit for them to respond? What I should do further?

[nemesis45]

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

Good evening, I m in need of advice again please!
I received a letter in November from Cohen Cramer solicitors and they inform me that my case was sent back to Lowell because I sent a defense to the court. Since then till today I didn't received any further letters or anything. Any ideas about what might happen now? Is there any time limit for them to respond? What I should do further?

Good morning Ina,

You should check with the court I suspect the claim is stayed ( suspended) as Lowell had nothing to backup the claim.

Check then come back here and we can go through the choices.

nem

[ina]

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

Good morning, I called the court and you were right, the claim is stayed. Any further advice is greatly appreciated as I have no idea on haw to proceed!