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  1. Knew i was being dim, sorry was in a panic. Scrolled sown and found what i was looking for. DOH:oops:
  2. Sorry to be so dim but struggling with this. I've logged back in to MCOL it gives me the option to respond to claim against you. I've tried to log in to this using the claim no on the court form and the password given half way down the original claim form but its saying my claim no or password are incorrect. What am i doing wrong?
  3. The debt is with Orange. When i rang EE they put me through to Orange but informed me that as the debt had been sold that they could give me no information and i would have to contact Lowell for details of the account
  4. Im 99% sure it is but I cant get Orange to confirm the date of the last payment and i dont have any records as the bills never came to my address.
  5. Hi all, My defence is due in by 4pm tomorrow so looking for a bit of advice and reassurance. I've had a look at other threads and "borrowed" the wording from there. As i said earlier I'm pretty sure this debt is statute barred but I've also added the not providing documents just to be on the safe side. Is this OK? 1 The Claimant's claim was issued on 02/09/15. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. On the 08/09/15 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. If this is ok do I just log back in to the website and copy and paste to the relevant area? Again many thanks for taking the time to read
  6. Catquest, should I have added this to the letter i sent to them? Dx No I sent nothing to Bryan Carter other than the CPR 31:14 letter. I followed your instructions (thanks for them by the way they were most helpful) on the MCOL website. I thought it seemed standard from what I have read. Do I need to formulate me defence now?
  7. Thank you. Will post the letter recorded delivery tomorrow and the sit tight and wait for a response. Sent the letter recorded as advised and received the following reply. Do I need to respond to this? I haven't got any of the records they are referring me to so not sure how or what I will need to put in my defence
  8. In order for us to help you we require the following information:- Name of the Claimant ? Lowell Portfolio LTD Addressfor sending documents Bryan Carter Solicitor LLP Date of issue – 02/09/15 Date of issue 02/09/15 What is the claim for – This claim is for £600. The amount due under an agreement between the original creditor and the defendant to provide finance and/or goods and /or services. The debt was assigned to/purchased by Lowell on xx/xx/14 and notice served persuant to the law of property act 1925 Particulars : orange acc no xxxxxxxxx and the claimant claims 600.00 What is the value of the claim? £600 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile data/dongle account with free laptop When did you enter into the original agreement before or after 2007? after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchased Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? account was taken out on behalf of freind dd in their name and they ceased to pay. Unable to change account details over whilst account in arrears What was the date of your last payment? ? around 05/06 of 2009 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
  9. I took the advise to ignore and have now had claim form delivered dated 02/09. Any advice on my next step would be gratefully received. Im 99% sure no payment has been made since at least 06/09. what exactly to I write in the defence section? Ive never defended a claim before i've always crumbled at this point and set up a payment plan. Mayt thanks again
  10. Thanks I'll write a letter tonight and send it registered post. If I post it here would someone tell me if it's acceptable or is there a standard one I can edit to fit?
  11. Thanks guys. I've called orange with the account number but they won't give me any info. They say the debt was sold to Lowell in October 2014 and I have to contact them directly for any information required. Got a feeling that they won't be falling over themselves to give me these details tho. Where should I go now? Starting to panic as its nearly 14 days since the letter and I'm worried about court letters. The last time these people threatened to take me to court they sent the papers to a different house number and I only got it as local postie knew where I lived else I'd have had a ccj without my knowledge.
  12. It was orange. It was a mobile contract. I can try them and see if they know but wasn't sure they'd still hold that information as the account doesn't belong to them any more
  13. Have signed up to Noodle and checked but the date of the last payment isn't on there. Is there any other way i could find this out? Does the time for statute barred not run from the default date?
  14. Ok so should i ignore it or write/contact them?
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