Received claim for mobile account

[nemesis45]

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?

CCA request is not appropriate as phone accounts are " service contracts" not regulated by CCA 1974.
CPR to the solicitors but make sure you only request the actual documents mentioned in the POC.

nem

[cc1110]

Re: Received claim for mobile account

Ok thank you

[cc1110]

Re: Received claim for mobile account

Hi, the 28 days the claimant has to reply to defence .. is that working days ? And does it include the I filed the defence?

[nemesis45]

Re: Received claim for mobile account

Hi, the 28 days the claimant has to reply to defence .. is that working days ? And does it include the I filed the defence?

Hi 28 days + 5 for service from the date the claimant receives the defence ( calendar days)

nem

[cc1110]

Re: Received claim for mobile account

So I filed on 25th November so by my calculations that is the 27th ( assuming they include Christmas Day etc )

[cc1110]

Re: Received claim for mobile account

I have also not had a reply to my cca request. Is that 14 days from which i sent it ?

[nemesis45]

Re: Received claim for mobile account

I have also not had a reply to my cca request. Is that 14 days from which i sent it ?

12 + 2 Working Days from the date the claimant received the claim.

Did you send the request by signed for post?

nem

[cc1110]

Re: Received claim for mobile account

Yes I did.

What do I do if I do no receive a reply to either within the time frame

[nemesis45]

Re: Received claim for mobile account

Yes I did.

What do I do if I do no receive a reply to either within the time frame

Good morning,

The failure to comply with the CCA request renders the debt unenforceable until the agreement or a compliant reconstituted one is provided, this situation if not remedied will form part of your defence.

nem

[cc1110]

Re: Received claim for mobile account

Hi,

So I never got a reply to the cca request and it has passed the 28days for the claimant to respond to my defence and so the claim is now stayed.

What's the likelihood that they'll still persue this and is there anything. I need to be doing in the meantime ?

Thank you

[nemesis45]

Re: Received claim for mobile account

Hi,

So I never got a reply to the cca request and it has passed the 28days for the claimant to respond to my defence and so the claim is now stayed.

What's the likelihood that they'll still persue this and is there anything. I need to be doing in the meantime ?

Thank you

Did you check with the court on the status of the claim?
There's been some delays in the system due to the extended holiday period.

nem

[cc1110]

Re: Received claim for mobile account

She just said the claim has been stayed ?

[charitynjw]

Re: Received claim for mobile account

Hi,

So I never got a reply to the cca request and it has passed the 28days for the claimant to respond to my defence and so the claim is now stayed.

What's the likelihood that they'll still persue this and is there anything. I need to be doing in the meantime ?

Thank you

Do you mean CPR request?

@nemesis45 post #16

CCA request is not appropriate as phone accounts are " service contracts" not regulated by CCA 1974.
CPR to the solicitors but make sure you only request the actual documents mentioned in the POC.

nem

Or is yours one of the 'split tariff' accounts where you pay for a handset on credit?

[nemesis45]

Re: Received claim for mobile account

Good point Charitynjw,

Mobile provider such as Tesco have a number of phones that can be bought via a credit account I had one myself definitely a regulated agreement.

nem

[cc1110]

Re: Received claim for mobile account

Sorry yes, I meant cpr. Only ever had Normal pay pay monthly contracts ( 'free' phone with contract )