Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

[Jelllybaby]

Issue Date: 24/01/17
Amount approx: £500
Claimant: Cabot
Solicitor: Mortimer Clarke
Original Creditor: Sky U.K. Ltd
Particulars of Claim:
By a verbal agreement between Sky U.K. Ltd and the defendant commencing on or around 5/8/11 ('the Agreement') Sky uk ltd agreed to provide the defendant with subscription services. The defendant failed to make the required payments due &a the agreement was terminated. The agreement was assigned to the claimant.
Is the debt Statute Barred? No
List any letters you have sent: N/A
Any Other Info:

Hey guys, need some help when I send off for CCA CPR what am I requesting seeing as they have stated clearly verbal agreement? Not sure how to fight this but I want to.

[nemesis45]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Issue Date: 24/01/17
Amount approx: £500
Claimant: Cabot
Solicitor: Mortimer Clarke
Original Creditor: Sky U.K. Ltd
Particulars of Claim:
By a verbal agreement between Sky U.K. Ltd and the defendant commencing on or around 5/8/11 ('the Agreement') Sky uk ltd agreed to provide the defendant with subscription services. The defendant failed to make the required payments due &a the agreement was terminated. The agreement was assigned to the claimant.
Is the debt Statute Barred? No
List any letters you have sent: N/A
Any Other Info:

Hey guys, need some help when I send off for CCA CPR what am I requesting seeing as they have stated clearly verbal agreement? Not sure how to fight this but I want to.

Hi,

A Sky account is a service contract not a CCA '74 regulated agreement.

It also appears that there is an alleged "verbal contract" how did this arise please?
An assignment of a verbal contract is not a common situation.

Let's see if others have thoughts.
@Amethyst @Celestine any ideas please? [MENTION=551]pt2537[/MENTION]

nem

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Ok thanks no CCA request then.

Sky were instructed by a relative (third party - bill payer) to set up but I believe it was cancelled or at least even first payment never made so no contract held between Sky and the defendant (account holder). Sketchy details due to not being my debt and time passed.

Couldn't find a similar situation in forum, any advice much appreciated.

[nemesis45]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Ok thanks no CCA request then.

Sky were instructed by a relative (third party - bill payer) to set up but I believe it was cancelled or at least even first payment never made so no contract held between Sky and the defendant (account holder). Sketchy details due to not being my debt and time passed.

Couldn't find a similar situation in forum, any advice much appreciated.

I've asked some others to take a look I'm sure they will be along as soon as they can.

nem

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Bump

[charitynjw]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Sketchy details due to not being my debt and time passed.

Have you informed the 3rd party of the court claim?

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Yes it's my partner. He has asked me to help I've dealt with a previous court claim from his past.

[charitynjw]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Your partner ought to acknowledge the court claim asap (details in the claim pack) to prevent a potential default judgement.

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Done, ready to send off CPR but what are we requesting as they say it was a verbal agreement, a verbal agreement between claimant and defendant did not take place. So how do I word the CPR?

[charitynjw]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

If it were me I'd ask for proof of the verbal agreement & the Notice of Assignment.

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

I've heard nothing back I received the court claim on 24th Jan so there's still time shall I send off CPR again ? Or keep waiting?

[R0b]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

What were the subscription services that Sky were supposed to have provided?

Was this verbal agreement by contacting Sky and ordering over the telephone or some other way? You have said it was cancelled before and/or no payment was ever made, can you explain in more detail?

Has your partner contacted Sky to find out any details of this alleged claim? They should be able to provide you information on whether the account was set up, when the services were activated and when the payments were missed. Sky would normally send you several letters before your account was suspended and then several further letters before the services are disconnected.

[Jelllybaby]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

His Nan set it up over the phone for him and when she defaulted on first payment they eventually started chasing my partner as it was for his address. The services (tv package) were cut off after 30 days due to non payment.

No no he hasn't contacted sky I don't have the paperwork from them either this is from 6 years ago now.

I've acknowledged and stated that we will be defending the claim - it's obvious they have no proof being a verbal agreement. Why would I contact sky now when it's Cabot that are taking him to court?

[R0b]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

So he allowed his nan to set up the account in his name and she was to be the bill payer, which then as she failed to pay the bill (not cancel it), Sky suspended and then eventually terminated the account to the sum of the 12 months of the contract.

You don't need the paperwork to hand, Sky's system (which I think may be updated now) used to hold details of accounts that were set up for years. This is because the system they used to manage customer accounts would only flush out prospective and customer accounts in waves every so often so there could be a chance that the account that was set up is still on the system.

The reason why I suggested contact Sky is for information gathering, civil claims are based on a balance of probabilities and if there's no evidence, the court may decide on a matter that it was more likely than not that your partner entered into a contract with Sky.

They can easily prove that by getting information and details from Sky about the date when the account was set up, when the information pack was sent out (usually a day or two later after placing the order). If they can prove that in court, then your suggestion that there is no proof of an agreement is thrown out the window.

If however, your intention is to defend, on what basis is the defence going to be?

[charitynjw]

Re: Cabot Financial(Mortimer Clarke) - Sky UK Ltd Verbal Agreement

Hi jelllybaby

Cabot probably have very little info on this.
Debt purchasers normally only have a name/address, original creditor & account number, & the amount which the OC is allegedly owed.
Sky will likely have much more info on file, & the best way to obtain it is to SAR them.