ME IV Limited / MORTIMER CLARKE / EE Debt / CCBC

[am27]

Hi everyone,

I've been reading on the forum all day and my head is just spining out of control by now.
Background story:
- I have no clue about any debt I owe to EE
- I received a CCBC letter 16/08/2017 and submitted my AOS on MCOL. Since then I have been reading on the forum on how to proceed and everything but got a bit stuck and need some help. I've filled out the CCA and 3114 forms and will send them off tomorrow once I get the thumbs up from you guys.

- The Form:
Name of the Claimant - ME IV Limited / Mortimer Clarke
Date of issue – 11/08/2017 - 13/09/2017 -
What is the claim for – By an agreement between Everything Everywhere RE EE & the Defendant dated 27/08/2013 ('the agrement') Everthing Everywhere RE EE agreed to issue the Defendant with credit relating to a mobile telephone. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. The Claimant therefore claims 1. 419.24
What is the value of the claim? - 419.24 +35 +50 (504.24)
Is the claim for - Mobile phone/Contract maybe?
When did you enter into the original agreement before or after 2007? - 2013
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. - No clue?
Were you aware the account had been assigned – did you receive a Notice of Assignment? - Not one letter until today.
Did you receive a Default Notice from the original creditor? - No
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No
Why did you cease payments? - I can't remember having an account with these guys... ?
What was the date of your last payment? - No ideea
Was there a dispute with the original creditor that remains unresolved? - No clue?
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No

CCA

Customer Services / EE
6 Camberwell Way
Sunderland
Tyne and Wear
SR3 3XN

Dear Sir/Madam

Account Number: Unknown as it has not been mentioned in the court claim form

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

3114

ME IV Limited
c/o: Mortimer Clarke Solicitors Ltd
16-22 Grafton Road
Worthing
West Sussex
BN11 1QP




Dear Sirs,


Claim Number: G4F34G2

Request for documents mentioned in a statement of case under CPR 31.14


On 16/08/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on31/08/2017.
1. Agreement
2. Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1(one pound).
I look forward to hearing from you.
Yours sincerely

Have I missed anything?