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Advice on N180 form and future of the case (Lowell portfolio)

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  • Advice on N180 form and future of the case (Lowell portfolio)

    Hello, in late June a claim was filed against me by Lowell Portfolio with Cohen Cramer in regards to an alleged Orange mobile phone debt (£450) dated around 2011/12

    I've been reading the many previous threads with similar circumstances,using those I sent out CCA/CPR and SAR to all relevant parties (no co-operation received) and then filed my defence last week citing poor/no reception with Orange and Lowell having not showed any evidence relating to any part of the debt. (amongst other points used in the template examples etc)

    Last week Cohen Cramer send me a letter saying that all matter relating to the case are now being handled by Lowell Solicitors.

    Today I receive the N180 form the county court, however I have been sent nothing from lowell.


    From what i've read i understand that I should tick the mediation box and fill out the form normally, however I was wondering If I should write a cover letter to accompany the form?

    Also do I serve copies to the county court and Lowell Solicitors or do I include Lowell portfolio too? despite them probably being the same .


    Also from reading other threads this is where things start to get hazy, what can i expect to happen after I file the N180?

    Lowell probably dont have any documents, I have SAR'd EE and phoned them and they have minimal to 0 information of my account.

    Any advice would be appreciated, thanks
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  • #2
    I sent my N180 Form on 6th, Lowell haven't sent theirs however today i received a letter from Lowell solicitors.

    It states that:

    "this matter relates to an agreement with Orange relating to a mobile number ******, taken out on 8th December 2011. Your last payment of £26.00 was made on 27 June 2012. As you failed to make further payments towards to balance outstanding of £86.00 the account was defaulted on 12 February 2013. Therefore, the debt is not statute barred" - letter further explains what it is to be statute barred.

    "Our Client has requested a statement of the account from the Original Creditor and we are currently awaiting a receipt of the same. As such, there may be a short delay in sending you this.

    In the meantime, please find enclosed a copy of the Notice Assignment that was sent to you on 10 October 2015."

    -explains that Deed of assignment is confidential-


    "Unfortunately our client, having taken assignment of the material debt cannot obtain a copy of the agreement or default notice. Mobile airtime providers often do not retain these because they are not agreements for credit" As such CCA does not apply "However in this case we believe that other evidence such as the Statement of Account is sufficient to satisfy the Court on the balance of possibilities that the agreement existed and that the debt is valid and due, if the matter proceeds to Court our client will therefore ask the Court to make a finding on the basis.

    The issues you have raised relating to service and cancellation have been passed on to the Original Creditor and are being investigated by our client. Once more information and a response is received to these we will be in touch with you."


    There is then a statement on how their client is keen to resolve this amicably to avoid further legal action and would be willing to consider a reasonable proposal.


    There is then a copy of an unbranded plain letter from "Orange customer collection" in relation the account being assigned to Lowell, and a letter from Lowell informing me of their purchase of the debt.

    Sorry for the wall of text

    Is this a standard Lowell response? any advice would be greatly appreciated

    Comment

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