Thanks 2Grumpy. No they cut the wrong phone off. They correct this and cut the right one off when I contacted them to inform them of their mistake.. The £300 didnt actually overdraw me so I didnt get charged from the bank. I emailed their CEO last week and have not received so much as an acknowledgement as yet

Long story short - Had two phones under one account, one phone contract expired so i asked them to cut it off. They cut the wrong phone off, which still has 18 months contract left on it and took £300 from my account to compensate themselves due to me exiting early. When I rang them they told me to do a Direct Debit Indemnity through my bank, which I did. Now one month later they have cut the phone off again as they say I didnt pay the £300. Rang them and after a very rude person told me to pay up I eventually got someone who saw their mistake and put my phone back on and said there would be no further charges. My question is does the above incompetence on Orange's behalf give me a reason to get out of the remainder of my contract? I asked them and they said no.

Update: They want me to pay their Summary Judgment costs - I have refused as they lost. Their SJ application was thrown out and costs were awarded to me then rolled over to the full hearing. Their solicitor has replied saying that as as no costs award was on the general court order for the full hearing date she doesn't believe they were awarded to me. How do i prove it?

Thanks Andy I've given it much thought and I'm going to go for it, but will attempt to make a deduction on their costs. Ill keep the thread updated once I've had a reply to my amended acceptance.

Thanks Andy. I've sent you a PM:wink:

Part of me really wants to fight it. I've come so far now.

Eek! Thanks Andy, I didnt realise that. Ill PM it to you It will take 60 years to pay off at £20 pm. Ill be dead long before then anyway. Im not bothered about what they add on in the way of cost, but I do not want a charging order on my home - especially as its in £30k NE - as I would like to offload it when I retire and rent a place for the rest of my days (its an interest only mortgage). A charging order would just add to the improbability of that happening and could possibly leave me with nowhere to live in retirement. Im still undecided whether or not to go to a full hearing. I was really encouraged by the last hearing (SJ), and if I lost the only difference would be a CCJ against my name. I'd also possibly be able to vary the order to less than £20 too. However I need to weigh up the restrictions of having a CCJ. Im also really confused about the claiment being debarred from speaking at trial as their Barrister has, at the last two hearings, just blurted everything out with his skeleton argument. How do I actually stop him doing it again? Im wondering if they will attempt to finally submit a WS and how to stop the court from allowing the Barrister using it at the hearing, and if they dont submit a WS what will happen. Decisions decisions.

I've now received their TO Andy (they posted it hard copy so I could sign and return). It says they will accept £20 pm without mention of a charging order. I previously verbally offered £10, possibly £20 at a push per month to their Barrister but told him no deal with a charging order. As you state, they want to add on all their costs to date, and say that the amount would be reviewed every 12 months, with the possibility to ask the court to decide the amount if we cant agree. Ill scan it in and post it up tomorrow.

Thanks Andy. The original schedule just says that the hearing date will be arranged. Meanwhile.... Shoos have sent a new Tomlin offer. (attached below). After originally flatly refusing my Tomlin offer of £10 pm and then agreeing if they could put a charging order on my house (which is £30K in neg equity) they have now sent a third offer without the charging order. A few observations: They incorrectly state that the judge threw out their Summary Judgement application due to "Technical Issues". and that he was not prepared to conduct a 'mini trial'. What he said was that their Barrister was attempting to turn the Summary Judgement into a mini trial and that he must prove that a summary judgement was justified without giving evidence that would be used in a full hearing.. He went on to say that I had prepared well and I deserved my day in court, pointing out that the points I had included in my witness statement such as the invaliditity of the Default Notice and the two application forms were indeed viable and needed to be dealt with within a full hearing. The other worrying thing they point out in their letter is the line "Our client is positive about the outcome at trial.... For the reasons set out in our witness evidence filed with the court in preparation for the hearing on 6th August". This evidence was a short skeleton augment. Which their barrister attempted to use again in their SJ app hearing. They have not served a Witness Statement to either me or the court - just this Skeleton Argument which it seems they will rely on again at the full hearing - Are they allowed to do this seeing as they are debarred from giving oral evidence? After their SJ app hearing I asked their Barrister if they were hell bent on getting a charging order. He said "seems that way". I replied "And Im hell bent on not allowing that seeing as the property is £30k in negative equity, but I am open to Tomlin offers without a charging order". It seems they have finally caved in on that one. I'm beginning to think they getting desperate to avoid a full hearing. [ATTACH=CONFIG]46627[/ATTACH]

One month to my hearing now. I was wondering do I have to prepare any more paperwork for the hearing. The claimant & the court has a copy of my Witness statement. The court papers simply state the date and time for the hearing and doesn't say I have to submit anything although im aware of the term "Court Bundle". Should I be preparing one and what is it exactly? (I've still not had the claimants WS yet either. Its only 7 months overdue now lol)

I did the same - Wrote to them not acknowledging their alleged debt. They wrote back and said they would send me my signed agreement. This was in March and Ive not had anything else from them until yesterday's Statement of Account letter. Im wondering if they dont actually have the agreements (Im sure I signed up on the web back in 2000). Has anyone CCA'd them and got an agreement back?

Ive had another letter today from Marlin entitled Statement of Account. It lists an amount owed and goes on to say that if its not paid off in full (no time scale given) then any payments below the full amount will be used to pay off a) any amounts of interest applied. b) any costs and charges applied and c the principal sum owed. it concludes by stating that No interest is currently payable. What???

Thanks C B.

They sent the same Barrister as last time who was again very pleasant and we chatted about owt & nowt for half an hour before going in. We had a different deputy district judge this time. He was so much more professional than the last one, and started by saying how nice it is to see both parties getting along with each other - The court usher had told him we were chatting away & getting on like a house on fire. Their Barrister started by going through the points on their WS adding evidence as he went so I interrupted him and asked if he was allowed to give oral evidence as they are debarred. The judge said it was not my turn to talk and asked him to continue. However after another few mins he stopped him talking and told him that "this was not a mini trial" and he would not listen to evidence and to stick to the reasons for wanting a SJ. this rattled the Barrister bloke somewhat. He then asked me if I had anything to say so I told said that the fact they have had my WS since March and only now decided to submit an application for a SJ led me to believe that they were attermpting to avoid full trial, possibly because they are debarred from giving oral evidence at trial and that they know they do not have proof of the points I make in my WS where I put them to strict proof such as sending the NoA etc. The Barrister then told the judge that the fact they had said in their WS that the NoA was sent is proof alone as it is a signed statement of truth. The judge didnt like that and told him it was such instances that demand trial - "you say you did, Mr Toxic says you didnt, is that not what a trial is for Mr Barrister?". The Barrister said they had evidence that the NoA was sent. The judge then said well that should be produced at trial. (remember they still have not served a trial WS, just one for the SJ). and reminded him again that this was not a mini trial. The judge then rambled on about a cpr rule and a case in point, Rivers vs somebody or other, and told the Barrister that he would not allow his application and added that he was not happy it was submitted just a week or so before the trial date. I think he was hinting that he had wasted court time. He said the full trial would take place and he would like to keep it as simplistic as possible so not to confuse the defendant with legal speak. He sugested that each point be gone through in tick box style to determine the outcome. The Judge then said that "£11k may not seem a lot to the claimant but I am sure it is a lot to Mr Toxic, therefore we need to allow the correct amount of time for the hearing. The trial was allocated 1.5 hours which was originally suggested by the claimant. This is nowhere near enough time". He then asked if 3.5 hours would be more suitable. I nodded in a non understanding sort of way and the Barrister looked rattled but reluctantly agreed. The Judge spent quite a bit of time telling the Barrister that Mr Toxic should "have his day in Court" and that if he puts you to strict proof then you must provide it at trial. Because of this he eventually said to me that I should not think he is biased towaard the defence (I couldnt hide my small smirk at some points, wrong I know, and ill not do it again) but I was entitled to a full hearing. The Judge finally awarded costs to me and rolled them over to the next hearing (TBA sometime in October) Questions: Its quite obvious that they are going to ignore the barring order and spew evidence at every opportunity. Today when I tried to interrupt and stop him, I was told (politely) not to talk, that id get my chance later. How do I stop them giving oral evidence then if I cant talk while they are? Their WS... They still have not served one on me (other than the SJ WS). Can they serve one now they are debarred? Costs... Arrow global have repeatedly sent me Costs Estimations. I have not. Costs have been awarded to me for their failed SJ app, do i need to do anything like state how much I want etc. Should I have been sending estimations? Is it still okay to try to reach an agreement out of court or should I wait for trial now?

Just got back from court... Summary Judgment Application thrown out! HA!!!!! By eck it feels good! *calm Toxic, calm* Ill make a coffee and then pop the details up. Some of the Judges comments are really quite interesting.

After a volley of emails & I&E form sending it looks like the SJ hearing is going ahead tomorrow. They rejected my offer of £10 a month (and £20) and Ive rejected their final offer as I think they wont get a charging order from the court as the house is £30K in negative equity. Here is their final reply... Back to court tomorrow then...

Cheers Andy. Ive sent it off.

I noticed that too. Many thanks citizenB

Ive had a reply to my email from Shoo's, along with an income & expenditure form that I've attached at the bottom of this post. Question is; Should I be sending them a Income & Expenditure form?

Right then... Onwards! Ill send Shoo's the email and see what they come back with. If they wont play ball we go on to the SJ hearing and then (hopefully) full hearing At best I win, but if i loose at least Ill (finally) get affordable payments.

I found out today that I can only get legal aid for a house repossession case, which this isnt. Solicitors want £350 to review the case and the same again to represent me at the SJ and another £350 for the Full Hearing. So thats a non starter. Ive been giving their offer some thought. I'm not bothered about the total owing increasing as long as the court allows me to make monthly payments I can afford and doesn't immediately send the bailiffs in to recover it instead. If that is a possibility I would try to negotiate an offer. Ive drafted the following to send via email and am worried that by telling them how much I earn they could subsequently use that against me somehow. Is this possible?? Here is my Draft email to Shoos...

Thanks citizenB. That was my thinking, just wanted to make sure I wasn't jeopardising anything. By the way I included your section about Clause 8f of the Default Notice in my SJ Witness Statement too. Many thanks for that. Thanks Andy. Email saved in my drafts folder for now. I have been looking into representation for the SJ hearing. I think that I may be entitled to legal Aid from reading up on the internet. Ive found one local firm who accept legal aid. Im going to contact them to see.

Oooookay, Ive composed an email to Shoo's. In it Ive pointed out that they would require way more per month than I earn. Ive gone on to inform them exactly how much per month and how much Tax Credits I receive. Is this a good idea? or should i not tell them that at this stage?

Thanks Andy. Im going to contact them, but there is no way I can afford that. Im going to need more like 10 years. *takes deep breath* here goes.....

Thanks Andy, Understood. How does 289 days equate to 3.5 years?