Arrows/Restons Claimform - old Orange mobile 'debt'

[peter78]

Hi – wonder if you guys can help. I have acknowledged on line with Moneyclaim

– and now need to prepare a defence…

 

 

 

Name of the Claimant: Arrow Global Limited

 

Date of issue – 26TH July 2016

 

Defense due: 25th August

 

1.The claimant claims payment of the overdue balance due from the defendants under a contract between the defendants and orange dated on or about October 2010 and assigned to the claimant on December 2012.

Default balance £439.63

Court fee £35.00

Legal fee £50.00

 

What is the value of the claim? £524.63

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? MOBILE PHONE ACCOUNT

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 PURCHASER

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? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? I only remember I wanted to cancel the contract – and discussed with them – but cant remember why or what happended?

What was the date of your last payment? August 2011 I think

 

Was there a dispute with the original creditor that remains unresolved? Only in trying to cancel the contract – I seem to recall I wanted to cancel and had to wait 1 month until the year was up.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

Do I need to request a SAR from orange and a CPR31.14 FROM Arrow?

 

In the meantime how would I prepare my defence?

[dx100uk]

defence not due till 25th august peter

 

 

no need for the sar.

 

 

 

 

get a CPR 31:14 running to restons.

[peter78]

HELP!

 

i have just had a response to my request for CPR 31.14 from Reestons.

 

They have denied any help on this to prepare my defense - but more worryingly have said ' as there was no response to the claim within the time frame set the court, we have requested judgement is entered against you by default'.

 

Claim was issued 13th July and then i acknowledged online (going to check status in a moment) - and though i had until August 25th to submit defense...

[dx100uk]

usual restons rubbish to unsettle a defendant

quite std of them if you go read other reston threads.

hope you did agk the claim?

[peter78]

yes when i originally posted i did acknowledge on line - but cant log in as forgot my password and locked out until they open in the morning.

 

It is awaiting my defense as checked last week.

 

So are my dates all correct DX100UK ...

 

* Claim was issued 13th July and then i acknowledged online (going to check status in a moment) - and though i had until August 25th to submit defense...

[dx100uk]

sorry

you resume in post 1 says 26th july NOT 13th

 

 

if that's the case

you are stuffed you only had 33 days.

[peter78]

OK - so there's nothing i can do...could kick myself.

 

What happens now

- i assume i get a CCJ

- looking around i get 1 month to pay

- when does this start from

- once i get the letter from court?

 

 

I really don't want a CCJ for 6 years...

[dx100uk]

there is a slight chance

go see if you can log into mcol

might let you file a defence

 

 

def was due sunday

you never know it might let you.

[dx100uk]

if it does

leave it open on the filing page

and come back here quick

and well give you one.

 

 

a defence that is.....

[peter78]

resetting password - fingers crossed

[peter78]

its letting me submit a defense - what now??

[peter78]

its asking if i want to submit a defense because i have already paid... yes i have paid the claimant or no other reasons

.

[dx100uk]

wait

great

i'll find a defence

hold

[peter78]

thanks - i clicked saying for other reasons and on the defense page and waiting.

[dx100uk]

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..

1. Paragraph 1 is denied with regards to the defendant entering into an contract referred to in the Particulars of Claim the Claimant has yet to disclose any such contract.

.

2. Paragraph 1 is also denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement 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;

.

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

4. 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.

.

5.Notwithstanding the above should the alleged amount claimed 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.

.

6. 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.

.

 

 

go file the above

 

 

not sure on other reason

think of something

budgie had a heart attack.??

distracted you

or you calculated the days wrong to file adefence

[peter78]

EDITED - Just re read through.

 

what about they refused me any reply to cpr31.14?

 

Actually Dad was ill earlier this month so my eye did go off the ball.

[dx100uk]

not important at this stage.

[peter78]

should i add a note apologizing being late submitting due to mis calculation of dates due o family illness?

[dx100uk]

yes as I said

but not in your defence I posted

[peter78]

Thanks DX - you have just saved my day! submitted now..

Edited August 18, 2016 by peter78

[dx100uk]

lets hope so

[peter78]

Yes as i can imagine claimant has sent a letter to court to enter judgement by default as well.

 

So I assume next step will be a court letter saying accepted or too late...

[dx100uk]

well p'haps andy will pop in with words of wisdom or otherwise

we did the best

[Andyorch]

All we can do I see and if you get an acknowledgement its been accepted.

 

Andy

[peter78]

Thanks guys and thanks DX100uk for your help last night.

 

Just logged in and showing as defense received this morning.

 

 

I'm just hoping that Reeston's request for default judgement hadn't been processed

as i'm sure i read that the defendants defense

- even if late would take preference over the claimants request for judgement (on the courts website).

 

Lets wait to see what the post brings in the next few days...