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during 2008 I will find an exact date asap. The court issue date is 30/1/14 received today.
first payment was 12/02/2008 to h3g for £26 and the payments for my present phone was going out 7th of month. Last payment was made on 12 aug 2008 again £26 each month i was billed the same amount for this account which i never used i then cancelled with bank
I was hoping it would be statute barred but sadly it is not.
However you can certainly defend matters because if you sent the phone back then you are not liable.
Lowells would have to prove that a contract existed and that you are liable.
They would have to show that you are liable for the payments and the contract continued.
However I anticipate their evidence is somewhat lacking
Remember, they bring the claim, they have to prove it
Without evidence they can not prove it and a claim would be dismissed.
i never took out a written contract with 3 for this account as it was a phone call, i never found out how they got the direct debit mandate completed
I see. In that case I don't think they can prove it at all.
And if you go to Court, dont forget to claim £90 witness expenses.
Can I clarify anything for you about this today please?
i had legal cover via the work insurance until i retired in 2010 but unfortunately i retired in 2010 how would i best defend this matter i appreciate its only a default of £270 b ut its the principle and i don't want to incur large legal fees. i had sent all the relevant paperwork to low ells but they just went quiet for a while but have now come back with the court papers. i haven't replied as yet what should i do
How much is the claim for?
its now £414 with all the solicitors fee etc incurred. i haven't contacted them recently
Ok - its a small claim.
So you don't need a Solicitor or anything, you can do this yourself.
You should file a defence but you only have 14 days to do this unless you have filed the acknowledgement of service which extends it to 28 days
amount claimed 334.00 court fee 30 solicitor 50 total 414
yep understand should i just fill the defence form or ask for 28 days to prepare. the court is in northampton and I'm in north wales could i get it moved to mold
Once you file a defence it will be allocated as a small claim and transferred to your local Court.
Northampton just deal with issuing the claims
Can I clarify anything for you?
so i can file a defence and it will automatically be transferred or do i ask it to be transferred
do i ask low ells to supply all the relevant information for disclosure or isn't this required
Disclosure is not required.
Lowells will be required to file all the evidence they want to rely on 14 days before the trial
You will need to do the same
So you will see the case against you then
But I doubt they have any real evidence
but i can put in a counter claim for the 7 months i was billed for by 3 or not
Yes you can - but you will have to pay a fee for a counter claim
You should only use this if you are seeking money back
i have been to county court before with legal rep and we were successful can i do my own defence as it was just two persons with solicitors present and a chat with the judge. i haven't got any paperwork to show i returned the phone as royal mail don't keep records that far back and 3 didn't have the records either there was no contract in writing only for my original contract which i still have and use. my bank statements show no fluctuation from the £26 contract and on my other account the costs vary each month.
I am sure you will be successful.
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i don't know if i still have my 3 statements they may be in the attic i don't know if 3 could send me copies each time i ring i just get a call center in india but if i can't find them should i write and ask for the copies to show the phone was never used.
Yes you should write and ask for the details under the Data Protection Act
thanks very much feel much better now
No problem. Please do remember to leave feedback before you go today