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**DISCONTINUED!** Claim Form Recieved, Questions!

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  • #16
    Re: Claim Form Recieved, Questions!

    Hi
    I think they are playing games with you in that you have 5 days for service which if the date was 14th would be 19th and then 28 days to file your defence.

    As I said earlier you really could only ask for the notice of termination, the agreement and the notice and deed of assignment. they will not roll over and give the deed but you should include it in your defence so with luck the judge would order its disclosure

    Comment


    • #17
      Re: Claim Form Recieved, Questions!

      Thanks Warwick. So in my defence, should I state that i have requested those but Lo.ell have refused? Im a bit worried about what to put in my defence as i currently have no information still as to what this debt is for and how old it is

      Comment


      • #18
        Re: Claim Form Recieved, Questions!

        Hi

        Unless something appears i would be using one of the sample defences in the green box above and include something about it is denied the claimant has a right to bring a claim and is put to strict proof by providing a copy of the deed of assignment.

        Comment


        • #19
          Re: Claim Form Recieved, Questions!

          Hi Guys,

          I need to do my defence over the next day or so, I’m still yet to receive anything back from EE in regards to the SAR, and Lowells have refused to give any information in regards to my CPR request. I have looked at the example template for my defence and I’m not sure what I should be including and removing from the example. Could anyone point me in the right direction as it seems to be aimed at people contesting a credit agreement. I know I haven’t made any payments or acknowledged this debt in the last 6 years, and as mentioned before this doesn’t show on my credit file, my credit score is currently excellent with no missed payments over the past 6 years

          Comment


          • #20
            Re: Claim Form Recieved, Questions!

            When you say Lowell have refused to supply info what exactly do you mean?

            Have they just ignored you or actually written and refused?
            [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

            Sorry telecoms are not an area I know much about

            Comment


            • #21
              Re: Claim Form Recieved, Questions!

              Well in their letter back to me they said they cant share any information

              Comment


              • #22
                Re: Claim Form Recieved, Questions!

                Could you post up that letter? (Obscure personal info, ref no's etc)
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: Claim Form Recieved, Questions!

                  Originally posted by charitynjw View Post
                  Could you post up that letter? (Obscure personal info, ref no's etc)
                  Here we go
                  Attached Files

                  Comment


                  • #24
                    Re: Claim Form Recieved, Questions!

                    Ah

                    Ok, their usual 'robo-reply'.
                    I just wondered whether they had changed their tactics.
                    They haven't.......same old same old!
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: Claim Form Recieved, Questions!

                      Originally posted by charitynjw View Post
                      Ah

                      Ok, their usual 'robo-reply'.
                      I just wondered whether they had changed their tactics.
                      They haven't.......same old same old!
                      Any advice as to what i can add in my defence, i really need to get this done by monday i believe

                      Comment


                      • #26
                        Re: Claim Form Recieved, Questions!

                        Example Defence

                        Comment


                        • #27
                          Re: Claim Form Recieved, Questions!

                          Originally posted by MIKE770 View Post
                          Thanks Mike, do i keep everything as it is and add the names of myself and the claiment ?

                          Comment


                          • #28
                            Re: Claim Form Recieved, Questions!

                            Scrub any reference to the CCA (S87 Default Notice, CCA request etc), as you've already stated that it doesn't apply.

                            What have you asked for so far re disclosure? (CPR 31.14 or otherwise)
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: Claim Form Recieved, Questions!

                              Originally posted by charitynjw View Post
                              Scrub any reference to the CCA (S87 Default Notice, CCA request etc), as you've already stated that it doesn't apply.

                              What have you asked for so far re disclosure? (CPR 31.14 or otherwise)
                              Thanks, yes i have done a CPR and thats it, I requested a SAR from EE but that asnt come through yet

                              Comment


                              • #30
                                Re: Claim Form Recieved, Questions!

                                The SAR info is more for your own personal use (to compare with whatever might be disclosed by the Claimant/sols).
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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