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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

beerme1664

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Everything posted by beerme1664

  1. beerme1664
    Thanks all. Here is my defence, please take a look and feedback. What is the claim for – . 1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX 2) The defendant failed to maintain the required payments and the service was terminated 3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant 4) Despite repeated requests for payment the sum of £353 remains due and outstanding And the claimant claims a) the said sum of £353 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16 c) costs 1. Paragraph 1 is noted and accepted insofar as I have in the past had financial dealings with T-Mobile. I do not recall the precise details or agreement and have sought verification from the claimant who is unwilling or unable to comply. 2. Paragraph 2 is denied with regards to the defendant failing to pay required payments. All payments were made in full up to the point of the defendant discontinuing use of the service (“the service”). 3. Paragraph 3 is denied with regards to the defendant being notified of assignment of alleged debt. However, the claimant, in reply to a CPR 31.14 request has supplied copies of “notice of assignment”. 4. Paragraph 4 is noted and it is accepted that the defendant received up to 4 telephone calls per day from Lowell Portfolio, these were however recorded messages informing the defendant of monies owed to Lowell Portfolio with which the defendant had no previous knowledge of or contact/agreement/contract and therefore were dismissed as “[problem]” telephone calls. 5. With regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of balance/breach as requested by CPR 31.14 Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. The amount claimed will likely include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  2. beerme1664
    Ok thanks....I'll leave it out..
  3. beerme1664
    OK, apologies, must have missed that one.... So, back to my original query, do I mention this on defence, or leave it out to use in court? Opinions.... Or is it worthless as part of any kind of defence?
  4. beerme1664
    Give me a minute...I'll upload them.. Copies of assignments.. Notice within the body of text in both letters, > in place of actual dates, plus the letter dates, as previously said, are over 4 weeks off the date stated in the claim that assignment was allegedly communicated to me. LowellTMob Deed of Assignment.pdf TMob Deed of Assignment.pdf
  5. beerme1664
    I am drafting my defence now and need a bit of advice. ....the "deed of assignment" lowells sent me is all wrong, including the date which does not match the date stated on the claim. ...should I mention this in my defence, or leave it out and use as ammunition in court if it gets that far? There is over 4 weeks difference between what the claim states and what the copy of the "assignment" states...
  6. beerme1664
    Well, I filed this defence, couldn't wait as at work now. Let's see what happens!
  7. beerme1664
    Many thanks, I'll wait for Andyorch's approval. I will also be donating as this is such a helpful site.
  8. beerme1664
    Can't edit the post now, but I have noticed the "have have" error...
  9. beerme1664
    Please take a look at this. Any feedback would be great and thanks again. 1. The defendant owes the claimant £1312 under a regulated loan agreement with PDL finance ltd t/a Mr Lender dated 06/05/2014 2. and which was assigned to the claimant on 12/08/2014 and notice of which was given to the defendant on the 12/08/2014 (debt). 3. Despite formal demand for payment of the debt the defendant has failed to pay. 4. The claimant claims £1312 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £105. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with PDL finance Ltd t/a Mr Lender. I do not recall the precise details or agreement and have sought verification from the claimant who is unwilling or unable to comply. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served in 2014 from either Motormile Finance or PDL Finance Ltd t/a Mr Lender. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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. 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77 request and their solicitors, Moriarty Law, have have failed to respond to a CPR 31.14 request. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  10. beerme1664
    Apologies, I was looking for a template, now I know why I couldn't find one.....
  11. beerme1664
    So, I'm going to file a Holding / No paperwork defence, but I cannot find a template....and yes, I have tried the red search box....maybe I'm being a bit thick.....can somebody give me a link or something.
  12. beerme1664
    You misunderstood, the letter is worded from Lowells point of view, it's not even on T-Mobile headed paper, it's Lowells..
  13. beerme1664
    UPDATE- Lowells have responded to my CPR request, but it looks bogus. I will upload copies with redacted account numbers etc in a bit. They say that as it's a telecommunications account it is not regulated under CCA and therefore they are not obliged to provide a copy of the agreement. The assignment letter is from Lowell, shouldn't this be from the original creditor, T-Mobile?
  14. beerme1664
    UPDATE- Had a letter from MMF in response to my CCA request; Unfortunately your account has been passed to our legal department Moriarty. Moriarty have failed to respond to my CPR request. I will draft a defence and post here for approval. Thanks all. They actually responded twice, once dated 6/3, then another on 7/3, same letter but the second one included the return of my postal order. Here are the letters... MMF CCA Response 060317.pdf MMF CCA 2 070317.pdf
  15. beerme1664
    OK, had a think about this and need to edit some of my answers in post #1, Was I aware of assignment / was I informed - NO Notice of default sums once a year - NO
  16. beerme1664
    Yes, I believe so
  17. beerme1664
    OK, account opened 04/2010, last updated 01/2013, no payment records. Account is closed. Got this from clearscore.
  18. beerme1664
    Ok, CPR drafted, will be sent RD tomorrow..
  19. beerme1664
    Name of the Claimant ? Lowell Portfolio Ltd Date of issue – . 13/02/2017 What is the claim for – . 1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX 2) The defendant failed to maintain the required payments and the service was terminated 3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant 4) Despite repeated requests for payment the sum of £353 remains due and outstanding And the claimant claims a) the said sum of £353 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16 c) costs What is the value of the claim? £453 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone When did you enter into the original agreement before or after 2007? opened 04/2010 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes, I think so... Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Not sure What was the date of your last payment? Not sure.. 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 & No I have now aos stating defend all, what do I need to do next?
  20. beerme1664
    mmmmmm, credit files in the toilet, but no CCJ's, however I do have another pending for T-Mobile that I do owe and is being handled by Lowells. I am going to try and negotiate with them to pay it off and hopefully they won't go CCJ route...
  21. beerme1664
    Quick question.........what are my options if these guys come up with the goods required for them to proceed?
  22. beerme1664
    I guess so....£1312 claim + £105 interest +£70 court fee + £80 legal representatives costs is the break down, totalling £1567.....if they succeed in taking it through the ccj system....I'm guessing the £1312 is the original £750 + interest...
  23. beerme1664
    I had many pdl from them previously....ALL paid off exactly when they should have been, never rolled them or late payments. The loan was for £750 and when I phoned them to explain I couldn't pay they just weren't interested!! This is the only current loan from them.
  24. beerme1664
    Name of the Claimant ? MOTORMILE FINANCE Date of issue – 09/02/2017 What is the claim for – 1.the defendant owes the claimant £1312 under a regulated loan agreement with pdl finance ltd t/a mr lender dated 06/05/2014 and which was assigned to the claimant on 12/08/2014 and notice of which was given to the defendant on the 12/08/2014 (debt). 2. despite formal demand for payment of the debt the defendant has failed to pay 3.and the claimant claims £1312 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £105. What is the value of the claim? £1567 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? PDL 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. ASSIGNED Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? I THINK SO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT THAT I AM AWARE OF Why did you cease payments? I NEVER ACTUALLY MADE ANY PAYMENTS TOWARDS THE ORIGINAL PDL What was the date of your last payment? N/A 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 management plan? YES, CALLED MR LENDER ON PHONE NO TO DEBT MANAGEMENT PLAN I have done the AOS stating that I intend to defend, (see attached). I will send CCA's tomorrow special delivery. I just want to make sure I am doing this correctly.... Thanks guys/girls. AOS MrLender.pdf
  25. beerme1664
    OK, once again, BIG THANKS!! I will continue to ignore them and report anything else.

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