Received claim for mobile account

[cc1110]

Hi, I've have received a claim for a mobile phone account. I have called the provider and they cannot find my details. I need these details to confirm I owe the debt. I spoke to the DCA and they also do not have these details ? They just gave me dates of when the account was set up and when it defaulted.Where would I go from here ? Thank you

[cc1110]

Re: Received claim for mobile account

Any help with this please? I'm so worried and have no idea what to do. I have acknowledged the claim online and stated my wish to defend in full as looking at it I believe it is statute barred. What is my next action ?

[nemesis45]

Re: Received claim for mobile account

Hi, I've have received a claim for a mobile phone account. I have called the provider and they cannot find my details. I need these details to confirm I owe the debt. I spoke to the DCA and they also do not have these details ? They just gave me dates of when the account was set up and when it defaulted.Where would I go from here ? Thank you

Good morning,
Which phone provider is this?

Your best place to check the details ( if the account was defaulted less than 6 years ago) is credit reference files Noddle and Clear Score are free online.

Have you acknowledged service of the claim? If not do so online at MCOL state intention to defend in full but do not enter any defence at this stage.

Who is the claimant and which solicitors are they using.

nem

You would be well advised to deal with this in writing from now on.

Do you recognise this account?

[cc1110]

Re: Received claim for mobile account

Hi thank you for reply.

I have acknowledged the claim but I did put in reason for defending that I believe it is statute barred? Should i not have done that 😕

It was with Vodafone. The dca is Lowell and solicitors are Lowell also.

The default date is jan 2011 as shown on experian but I know I have not paid anything since 2010 and over 6 years ago. Lowell said the contract was ended September 2010 I made no payment nor acknowledgement after this date.

[nemesis45]

Re: Received claim for mobile account

Hi thank you for reply.

I have acknowledged the claim but I did put in reason for defending that I believe it is statute barred? Should i not have done that 

It was with Vodafone. The dca is Lowell and solicitors are Lowell also.

The default date is jan 2011 as shown on experian but I know I have not paid anything since 2010 and over 6 years ago. Lowell said the contract was ended September 2010 I made no payment nor acknowledgement after this date.

Hello,

It would have been better no to have entered a defence at acknowledgment stage, it gives the claimant more time to look for reasons the debt is not statute barred.

Lowell will most like claim that the default date started the Limitation Act 1980 relevant 6 year period i.e. January 2010.

I suspect that Lowell Solicitors may come up with " case law" in particular the Appeal Court judgment in BMW Finance - v - Hart in which it was decide in simple terms that the default date started the relevant 6 year period

However that case was in regard to an HP agreement, so you should argue that the date Sept. 2010 is the date the 6 year period started.

When did you acknowledge and submit the defence?

nem

[cc1110]

Re: Received claim for mobile account

Ok, thank you! I hadn't realised i could leave it blank. Damn. Ok, oh well. If they do use the default date is there a chance the court could award in their favour even if it's been 6 years since acknowledgment of debt?

I acknowledged it on Friday. 14 days would have been the 6th. Do I now have an extra 14 days on top of this date?

- - - Updated - - -

Also I literally only put a sentence to say why I was defending did it need more than that ?

[nemesis45]

Re: Received claim for mobile account

Ok, thank you! I hadn't realised i could leave it blank. Damn. Ok, oh well. If they do use the default date is there a chance the court could award in their favour even if it's been 6 years since acknowledgment of debt?

I acknowledged it on Friday. 14 days would have been the 6th. Do I now have an extra 14 days on top of this date?

- - - Updated - - -

Also I literally only put a sentence to say why I was defending did it need more than that ?

Hi,

Has the court acknowledged the defence and stated that it will be passed to the claimant?

You have 28 days from the date of issue on the top RH side of the N1 claim form.

nem

[cc1110]

Re: Received claim for mobile account

The only email I received was the gateway confirmation. Nothing else

[nemesis45]

Re: Received claim for mobile account

The only email I received was the gateway confirmation. Nothing else

Ok Let's hope the court took the matter as purely an intention to defend.

nem

[cc1110]

Re: Received claim for mobile account

Ok so how do I go about defending it?

[charitynjw]

Re: Received claim for mobile account

Have you phoned the court to check on the status of the claim?
They should be able to tell you whether anything you have submitted could amount to a written defence which has been accepted by the court, or if it has been deemed as just an intention to defend.

[cc1110]

Re: Received claim for mobile account

Ok just called the court and yes unfortunately it has been submitted as defence.

[charitynjw]

Re: Received claim for mobile account

How much is being claimed?

[nemesis45]

Re: Received claim for mobile account

Ok just called the court and yes unfortunately it has been submitted as defence.

Now you must gather all the " evidence" to back up your Statute Barred defence. Have you checked your credit files for this debt?

nem

[cc1110]

Re: Received claim for mobile account

The debt was 794 and it is 987 with court fees. Do I need to request CCA or CPR seen this on another thread.
The debt is on my credit file yes and it drops off Jan 2017 ( default Jan 2011) but know I didn't pay anything way before that date.

Should the court rule in their favour how much approx would they add to the debt if they wanted to add on their court fees?