some advice on a claim form sent from LOWELL please thank you

[slainte caragh]

im not sure at all i might still have the contract in my files some where
[but not 100% sure i had a clear out just before christmas]
i think i started the contract with the Orange phone back in 2010 it was the summer of 2010
and not at all sure about the contract terms monthly rolling basis or renewed for another 12 months!? no sorry not 100% sure
i payed for it monthly i remember that much
also i remember the guy in shop saying to me once you have had this phone for 12 [may have been 18] months or more you then have the option to upgrade your phone and/or change your contract

Thanks Amethyst for tagging e

You are indded right, if you do not give the standard 30days notice as per ts and cs the contract rolls over on to a rolling contract, you can however give the 30 days notice at any time after that.

Normally, you are bugged to upgrade for a few months then they leave you alone but send out letters saying "You must pay xyz by this that and the other."

Now, TomatoSoup this is the important bit. Cast your mind back. Did you ask them for a PAC code and more importantly, did you register it with a new provider and remove your number? If you did, and can prove it you may be able to say that you ported out therefore were not liable for the 30 day notice. Therefore the debt is null and void, if you just said "I don't mind getting a new number" then they have you under terms and conditions of a contract.

What is the charge for? Have they said if it is termination charges etc cos they seem high. Was the contract a 12/18/24 month contract and how much did you see through? If you have calculated that you paid off the phone but you still had an airtime agreement then you will be liable for costs until the end of the contract, REGARDLESS of wheter you had paid the phone off or not.

[TomatoSoup]

sorry ive been away will update this soon thank you so far with all the advice jaguarsuk Amethyst slainte caragh

[TomatoSoup]

ok so for a few days i have been searching through many bags and boxes i found my old phone and part of an old orange bill
i was on Dolphin 20 and it was a 24 month contract [i know it was from march 2011 so by march 2013 the 24 months would have been up i believe]
i also found the warning letter from Orange telling me my service will be disconnected this letter was dated 30 december 2015
i had also sent a message to EE via facebook messager for the Subject Access Request Letter and i got a reply they advise me
You will need to mail your request to the address you've included in your message, and the team will be able to provide you with your information.
so today i send a hand written Subject Access Request Letter to here EE Customer Services 6 Camberwell Way Sunderland Tyne and Wear SR3 3XN United Kingdom i also sent a email to customer-service@everythingeverywhere.co.uk

[TomatoSoup]

ok next i plan on sending the following 2 letters to lowell [a CCA Request Letter and a CPR 31.14 Request Letter please tell me if they look ok]

[TomatoSoup]

>>>

CCA Request Letter

>>>

my name and address

Date xx/xx/2018

LOWELL SOLICITORS LIMITED
PO Box 1419. Northampton.
NN2 1BU

Dear Sir/Madam

Claim Number: xxxxxxxx

Orange account number : xxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I am happy to send you a payment of £1.00 which represents the fee payable under the Consumer Credit Act. please let me know as soon as possible so i can send you the fee
I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully

B

[TomatoSoup]

>>>

CPR 31.14 Request Letter

>>>

my name and address

Date xx/xx/2018


LOWELL SOLICITORS LIMITED
PO Box 1419. Northampton.
NN2 1BU

Dear Sirs,

Claim Number: xxxxxxxx

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

On 24/01/2018 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 on 23/02/2018.

1. Contract [a copy of the original orange mobile contract]
2. Agreement
3. Termination Notice
4. Notice of 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.


I look forward to hearing from you.

Yours sincerely

B

[Amethyst]

Letters look fine

so we need to look into this dolphin 20 and see how long each renewal tied you in for as you were past your initial 24 months.

[TomatoSoup]

Amethyst thank you for the reply
sending them letters of to lowell today
just went to get the post now have another letter from lowell it is a notice of claim issue dated 29/01/2018
even though i did respond to the claim and i did do a acknowledgment of service via money claim online

Claim History
A claim was issued against you on 22/01/2018

Your acknowledgment of service was submitted on 29/01/2018 at 13:12:32

Your acknowledgment of service was received on 29/01/2018 at 14:03:25

also this is what i find online about old orange contracts links follow >>>

http://ee.co.uk/help/add-ons-benefit...-monthly-plans

http://ee.co.uk/content/dam/ee-help/...nuary-2018.pdf

http://ee.co.uk/content/dam/ee-help/...4-20120924.pdf

http://ee.co.uk/content/dam/ee-help/...s-20110401.pdf

[TomatoSoup]

hey guys update i have signed up with noodle to check my credit report and on there is my

Financial Account Information

so i checked the lowell details on there and they are as below

Lowell
£ 164
06/01/2018
Default
Name My name
Address my address
Date of birth my DOB
Account type Telecommunications Supplier
Account number **************4118 0 < ? could that be my old card number because that is not the same as my orange account number?!? >
Account start date 19/03/2011
Opening balance £ 145
Repayment frequency Monthly
Date of default 03/06/2016
Default balance £ 145

now why does it say the default happened on 2 different dates but when i look at STATUS HISTORY and the BALANCE HISTORY of my credit report on noodle it say they Lowell put on the default in october 2017

im confused hope you guys can help me understand this a bit better

[Amethyst]

That seems to say that you opened the account in March 2011 at £145 ( does that sound about right for your contract - £12 a month if over 1 year ? )and defaulted in June 2016 at £145 again - well reported as Defaulted in June 2016 so poss actually defaulted a month before then. You stopped paying in early 2013 I think you said, which could indicate the contract was renewed automatically ? I can't see anything in the terms saying that happens though... or that it goes to a monthly rolling contract for that matter... but you'd have been over 24 months so could it have been a 36 month contract - that you paid for 24 months... but then why ring you about renewing/upgrading ? and if it was 36 months even why not default till 2016 ? Blughhhh you need something back from Orange/EE from your SAR to figure out what's happened - my ramblings are complete nonsense... slainte caragh is wiser than I on phone contracts

Also your 'orange care agreement' is dated November 2011 - which is odd as you'd expect that to have been when you opened the account not 6 months later? Does that letter you dug up give any other clues ?

Ooo now you have an account number you might be able to ring EE ?

Lowell will have put the default on when they took over the account in Oct 2017 ( or when they first bothered tracing you )

[TomatoSoup]

Amethyst

i think i actually got the dates/year wrong of when i stopped the direct debits going out
2013/2014 is when i stopped using the blackberry but i put the sim into a sim free nokia phone
also i was struggling with my depression and anxiety very bad at the time
then in late 2015 that is when i actually stopped the direct debits going to orange
again that was a bad time for me i was going through a break up
so sorry i got the years wrong hope you forgive and understand

[TomatoSoup]

also i have had letters from moorcroft for a good year [early 2016 to mid 2017] before lowell took this on
plus i have the very first letter i ever got from lowell it is dated 17th july 2017
[i can only guess this is when they brought the ''debt'' from moorcroft and/or orange]
add on note might be useless here but upon doing some research on these debt companies on the net
i read moorcroft and lowell are the same company but eh i guess this might just be a rumour

[Amethyst]

Okay cool, that makes a bi (well, a lot!) more sense date wise then Moorcroft may have been acting on behalf of Orange/EE or even Lowell, or they might have purchased it - the letter from Lowell, was that a 'hello, we've bought your debt' assignment notice?

So you had had the contract since 2011 to late 2015 - poss early 2016. It should at least mean Orange/EE still have some info to give you under the SAR. You may have renewed at some point to tie you in for another set contract period.

Do you have any idea how much you did used to pay a month ?

[TomatoSoup]

also would it be too late to send a prove it letter to lowell even though i have already sent them the CPR 31.14 Request Letter and the CCA Request Letter?

[TomatoSoup]

i used to pay from around £22 to £35 a month depend on what i was using phone calls/text etc

and the first letter i got from lowell dated 17th july 2017 says

17th July 2017

Account No: xxxxxxxx

New Reference No: xxxxxxxxx

Dear Miss

We're writing to inform you that EE sold your former Orange account to Lowell Portfolio I Ltd on 28/06/2017

The total balance sold was £164.27

It is essential that all future payments, correspondence or queries regarding this account be directed to Lowell Portfolio I Ltd quoting reference xxxxxxxxx

Contact Address:
PO Box 1411
Northampton
NN2 1BQ

Telephone: 0333 556 5703

If an authorised third party is acting on your behalf, for example a Debt Management Company or a relative, please ensure that you update them with this information and show them this letter.

Any payments made towards your account after 28/06/2017 will be forwarded to Lowell Portfolio I Ltd and will be deducted from the balance show above.

Under the terms of this assignment, Lowell Portfolio I Ltd is now the Data Controller, as defined in the Data Protection Act 1998, of your Personal Data relating to this account.

Yours sincerely

Orange Customer Collections