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darius82

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  1. Hi everyone, As per my last post above, I really need some advice on what to do next. I have heard nothing from either BW Legal or O2, and I think tomorrow is deadline to submit a defence to the court (online via MCOL). Or do I request an extension due to not hearing back from BW? I have been advised independently to just submit a statement to explain I have had no further communication from BW Legal since sending the letter. This seems a little vague to me - Any guidance would be be much appreciated.
  2. Afternoon all. Just a quick update on this. Letters sent today: Subject Access Request with enclosed £10 Postal Order to O2 (Telefonica UK Ltd.) - omitting any reference to urgency, thanks citizenB! CPR 31.14 to BW Legal, requesting all documents advised by unclebulgaria (copy of agreement, copy of assignment notice, copy of default notice and request for all statements to prove debt amount). Both letters sent Next Day Special Delivery. Is there anything I should be doing now, whilst waiting for either or both of these parties to get back to me? Or anything I should be preparing for? Many thanks
  3. Thanks for that clarification citizenB, and for the speedy reply! Will proceed then as mentioned above. Many thanks
  4. Thanks for your follow up unclebulgaria and for the template links, and thank you andy for your reply. The acknowledgment was completed last night on line, and I will look to get the subject access request and CPR 31.14 letter completed this evening and sent tomorrow morning by recorded delivery. Just a quick question about the subject access request - is the 40 day compliance period for them to send the information a statutory period, or can I stipulate a shorter period if the request is "urgent"? Or will it have to suffice to just state that the request is urgent? Many thanks
  5. Many thanks for your response, unclebulgaria. Have completed the AOS this evening, and will get on to looking into the Data Protection Subject Access Request as advised. In the meantime, please find the Particulars of Claim below: The Claimant's Claim is for the sum of ***** being monies due from the Defendant to the Claimant under a non-regulated Communications agreement between the Defendant and Telefonica O2 UK Limited under account reference ********** and assigned to the Claimant on **/**/2010 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate 0.35 from the date of assignment of the agreement to the date of issue (23/01/2014) being an amount of *****. That's it word for word. Thanks again for your response and advice, and I look forward to your follow up and responses from others.
  6. Hi everyone, I'm a new member and can I start by saying what a great job I think you all do on this site. I have gleaned some invaluable information in the past for other matters, and have gained some good information for this matter as well from other threads. Unfortunately cannot find a situation that exactly matches mine, but please bear with me if the info I'm asking for has already been covered elsewhere. Arrived home from a week away on business this morning to find a County Court Claim Form (Northampton CCBC) with the issue date 24/01/14. By my reckoning, that gives me just a couple of days to decide what I'm going to do and acknowledge. The Claimant is Lowell Portfolio, via BW Legal solicitors, and the claim is for an old Telefonica O2 mobile phone contract I had some years ago (2008 or 2009), and is for over £2000(!). The history of the debt is that I had been with O2 for around 5 years when I received a bill of approx £800 one month, where my usual monthly bill was in the region of £35. I obviously called O2 at the time and was told it was due to excessive use of premium rate and long distance numbers, which I assured them I had not used. Anyway, they refused to reduce the bill or look at spurious charges, and I refused to pay the bill under those circumstances until they got back to me. Unfortunately that entire conversation was by telephone, and I never followed it up in writing. To add to the vagueness of my situation, I was in the process of being made redundant at the time and had so many other things to worry about, so over the course of the next year or so I just forgot about the O2 contract - which had been cut off after non payment of that bill anyway. Adding to this, I had to move back to the family home after the redundancy, and have moved a couple of times since, so I have absolutely no idea where any of the original paperwork would be for the contract or the renewals, or any of the statements/bills for that period. Due to everything that was going on at the time, I cannot even remember exactly when it happened, but it would have been late 2008 or early 2009 at the latest. The figure of £800 (approx) is something that sticks in my mind though from the bill in question, so I'm unsure why the claim is now for over £2000 - even taking into account the added fees on the claim. Anyway, I'm in need of some extensive advice please on this matter, as I have to admit I have very little knowledge at all of any of the processes or available options involved here, and I think most of the threads I've read seem to deal more with credit agreements rather anything like this. Is it worth even defending the claim as I have such sketchy recollection of it and no paperwork? Or is it worth contacting Lowells at all with a view to a settlement? And if I decide to defend it, what should my next actions be after acknowledging (ie which letters to send etc.)? I really hate to admit to such ignorance, but as much help and advice anyone is able to give will be greatly appreciated. If you use small words and speak slowly, I should just about get it . I have attached a scanned copy of the claim form (personal details removed) to this post, to show exact wording etc. Thanks to anyone who has ploughed through this, and thanks in advance for your help. [ATTACH=CONFIG]49178[/ATTACH]
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