Court summons recieved - please help!

[tomterm8]

You'll get a letter confirming the receipt of the defence, saying the creditor will be sent the defence and will have 28 days to chose whether to continue or not. (don't forget, 5 days for service, so it will actually be 33 days from the date of the letter)

 

You said they sent you a credit agreement. Can you scan it, and put it on the credit agreement mk II thread, for the experts to look at.

[maud26]

Hi Tom,

I scanned it and its posted on this very thread, is that what you mean?

Thanks

Maudy

[tomterm8]

Ah... So many threads, so little memory, LOL.

 

In my opinion, what you've posted is nowhere near what they need for a credit agreement. Do post it on the Credit Agreement Mk II thread, and the experts will be able to quote chapter and verse:)

 

What were the particulars of Claim and what did you post as your defence?

[maud26]

Hi Tom

The POC were:

1. The plaintiff agreed to sell and the defendant agreed to buy goods displayed in the plaintiffs catalogue

2. the defendant defaulted in paying the price of the goods to the plaintiff

3. the amount claimed is still outstanding

4. and the plaintiff claims the sum of £115.96

 

My defence was:

1. the defandant is unable to plead specifically to the allegations contained within the POC at this time

2. a consumer credit act 1974 has been submitted to the claimant by the defendant in order that it provide the agreement cited by the claimant in its POC, along with other such documentation as required by the provisions of section 77(1) of the act

3. The defendant has contends that the claimant has acted without adherence to or regard for the Pre action Protocols of the civil procedure rules

4. Accordingly the defendant requests a stay in proceedings until such time as the claimant complies with the requests outlined in paragraphs 2 & 3 above and is therefore able to provide the neccesary documentation in order that it can plead its case in compliance with CPR 16. The defendant reserves the right to then plead further to the allegations contained within the POC.

 

Any chance you could give me a link to the CCA Mk II board?

 

Many thanks

Maudy

[tomterm8]

Can't find it at the moment, but posting here http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-371.html? should be fine

[maud26]

Hi all,

i have today recieved a letter from Moorcroft collections (i requested a CCA) a couple of weeks ago after recieving a court claim from them, the letter is attached. Could someone look at it for me and advise what to do next? I am at a loss now!!

Thanks

Maudy

[ODC]

I didnt think Mobile Phone contracts were covered under the CCA

[maud26]

Hi,

What does that mean for me then? Do i have to pay them? needless to say the postal order they say is present was not

[tomterm8]

Mobile phone contracts tend not to be covered by the CCA. However, catalogue debts are covered, and the claimants POC specifies that the debt was for goods, not services.

 

What connection does this have with the debt mentioned in your claims summary? Which you said was with littlewoods?

 

I would suggest contacting Laiste. I believe you may need to submit a revised defence.

[maud26]

Hi tomterm8,

this is a separate debt from the littlewoods mentioned at the beginning of the post, how do i contact 'laiste' and who are they? I'm panicking a bit now because i just assumed that it was the same procedure, its the same situation as littlewoods -i.e - really old debt been bought by Moorcroft.

Thanks for your help - please send more lol

Maudy

[ODC]

Hi tomterm8,

this is a separate debt from the littlewoods mentioned at the beginning of the post, how do i contact 'laiste' and who are they? I'm panicking a bit now because i just assumed that it was the same procedure, its the same situation as littlewoods -i.e - really old debt been bought by Moorcroft.

Thanks for your help - please send more lol

Maudy

How old is the phone debt

[tomterm8]

Oh, cool. Can you tell us all about the debt:

 

1. What was the debt for

2. When was your last payment.

3. What letters have you recieved about the debt?

4. How much is it?

 

etc.

[maud26]

Hi

The debt was for an unpaid mobile phone bill, basically i had been payin an agreed amount and got behind, the last payment was made 6 months ago, they have sent me various threatening letters ever since (moorcroft who are acting for O2). The debt is £150 plus £70 court costs.

Thanks Tomterm

[maud26]

sorry the debt is approx 2 yrs old

[tomterm8]

OK. Did you actually use the phone during the period the bill was running up?

 

Are any collection charges or late payment fees included?

 

Have they taken you to court? WHO took you to court? Moorcroft, or O2?

 

Do you know what the dates are? (Acknowledgement, Defence due) etc?

 

(The good news, is you are entitled to this information under the pre-trial protocols OR part 18 CPR disclosure rules)

[maud26]

Hi tomterm

sorry for the late reply!

the debt is actually for line rental - not unpaid phone use, i.e i stopped using the phone before the contract expired if you know what i mean. As far as i am aware there are no fees (late or otherwise).

Moorcroft have taken me to court not O2 - thats why i assumed they had bought the debt.

Acknowledgemnet was 12th June and my defence was 4th july.

thanks - hope you can help you'v been fab so far

[nevos]

subscribing:)

[ODC]

Hi tomterm

sorry for the late reply!

the debt is actually for line rental - not unpaid phone use, i.e i stopped using the phone before the contract expired if you know what i mean. As far as i am aware there are no fees (late or otherwise).

Moorcroft have taken me to court not O2 - thats why i assumed they had bought the debt.

Acknowledgemnet was 12th June and my defence was 4th july.

thanks - hope you can help you'v been fab so far

Settle Petal together we can sink Moorcrap

[tomterm8]

Hi Maud, I've PM'd you (and a couple of other Members)

[sequenci]

Hi tomterm

sorry for the late reply!

the debt is actually for line rental - not unpaid phone use, i.e i stopped using the phone before the contract expired if you know what i mean. As far as i am aware there are no fees (late or otherwise).

Moorcroft have taken me to court not O2 - thats why i assumed they had bought the debt.

Acknowledgemnet was 12th June and my defence was 4th july.

thanks - hope you can help you'v been fab so far

 

Hello there,

 

The vast majority of mobile phone contracts are NOT CCA regulated (although most used to be for some odd reason), the reason being is that you clear the bill monthly.

 

If you stopped using the mobile whilst in contract you are being chased for the "contractual shortfall", the remainder of the line rental up until the end of your contract. In the UK, when people buy a mobile they are heavily subsidised and part of the line rental goes towards paying the 'phone off.

[sequenci]

Hello there,

 

The vast majority of mobile phone contracts are NOT CCA regulated (although most used to be for some odd reason), the reason being is that you clear the bill monthly.

 

If you stopped using the mobile whilst in contract you are being chased for the "contractual shortfall", the remainder of the line rental up until the end of your contract. In the UK, when people buy a mobile they are heavily subsidised and part of the line rental goes towards paying the 'phone off.

 

You could still defend the claim on the grounds that there is no agreement and put the claimant to strict proof thereof possibly?

[tomterm8]

Hi maud, got your e-mail.

 

Can you post the particulars of claim?

 

Also, what letters have you been sent (notice of assignment etc?)

[maud26]

Hi

First of all can i say thanks for the replies which i didn't realise i had until now!! The POC are as follows:

 

'The Claimants claim is for a sum due from the defendant to the claimant under a contract for telephone services and or equipment hire'

 

Short & sweet!

On a postive note i followed your advice with littlewoods and recieved a letter from the court yesterday stating that littlewoods had discontinued the claim!!!

 

Thanks Guys

[tomterm8]

OK, lol. The defence on this one is going to be fun, but It's late, and I'll have to post it tomorrow.

 

You've acknowledges service, etc? What date does the defence have to be in by?

 

Great news about littlewood:)

[maud26]

Hi Tomterm - i was so pleased about littlewoods!

I have already posted my defence although it seems it may be incorrect, is it posible to add to this? Dont worry about posting tonight, i will check back tomorrow evening.

Thank so so much once again

Maudy