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

[TomatoSoup]

thank you Amethyst

i just thought after seeing this thread http://legalbeagles.info/forums/foru...ase-on-options i should write my defence in the same way in 3rd person but if 1st person looks better makes me look less pretentious [hope i spell that right and now yes i did now i edit it after finding the correct spelling] but all i want to put accross is right there in that first draft i also really wanted to do it in date order [maybe my OCD caught up with me there] but i think when they read it i take them through what i did and when i did it and in a funny way [maybe just through my eyes] it flows like a timeline thats what im trying to do there with writing it in date order if it sounds like a witness statement doing it that way then yes i guess that is one way to look at it but it is my first try

[Amethyst]

Okay shufted about a little and tried not to remove too much of 'you' from it... see what you think anyway.... as always other input welcome xxxx

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DEFENCE


1. I received the claim Form from Lowell On the 24th January 2018 [issued 22nd January 2018]

2. On the 29th January 2018 I returned the acknowledgement of service via moneyclaim.gov.uk in which i indicated my intention to defend the Claimants entire claim.

PARTICULARS OF CLAIM

3. Paragraph 1 of the Particulars of Claim is neither admitted nor denied. The account reference given is not recognised and does not correspond to any contract I may previously have held with ' Orange '. The Claimant does not give the inception date of the agreement.

4: Paragraph 2 of the Particulars of Claim is denied. The only contract I have held with 'Orange' was a fixed term contract of 24 months back in 2011 and no payments were missed.

5: Paragraph 3 of the Particulars of Claim is neither admitted nor denied. I have not received any notice of assignment from either 'Orange' or the Claimant.

6: Paragraph 4 of the Particulars of Claim is denied. The amount of £164.27, or any sum, is not due and outstanding.

FURTHER INFORMATION

7: Since receipt of the Claim in this case I have tried to find out further information about the claim. I am not adverse to paying any due and owing debt, however in this case I do not believe any sum is owed to either the Claimant or to the original creditor ' Orange '.

8: I believe this claim to be for an 'Orange' Mobile Contract known as 'Dolphin 20' for provision of airtime and data services. The contract also included a handset/device.

9. The contract was for a fixed term of 24 months, opened in or around March 2011. I believe thereafter the services were provided on a monthly basis.

10. The direct debit payments for the contract were not automatically cancelled after 24 months and no further contract was taken out or agreed with 'Orange'.

11. The direct debit payments were cancelled by myself in late 2015 as I had a new phone on a pay as you go basis with a different service provider and no longer required the service from 'Orange'.

12. It is denied that any debt is owed to 'Orange', or subqequently by assignment, to the Claimant.

13. In order to find out where the alleged debt had arisen, on Thursday the 1st of February 2018, I sent a hand written Subject Access Request ( Data Protection Act 1998 ) via post to EE Customer Services 6 Camberwell Way Sunderland Tyne and Wear SR3 3XN United Kingdom and, at the time of filing this defence, I am still waiting for a reply.

14.Additionally on Thursday the 1st of February I sent a Subject Access Request ( Data Protection Act 1998 ) via email to customer-service@everythingeverywhere.co.uk ( Orange changed it's name to EE ) and I at the time of filing this defence I am still waiting for a reply on this.

15. On Friday the 2nd of Febuary I sent a request for a copy of the original credit agreement prusuant to the consumer credit act s.77/78 to the Claimant via email.

16. On Friday the 2nd of Febuary 2018 I also sent a CPR 31.14 Request for copies of documents mentioned in the Claimant's statement of case to Lowell via email.

17. On Saturday 3rd Febuary 2018 I decided to check my credit report with the Credit Reference Agencies. The date of default is given as 03/06/2016
however the Status and Balance history shows the account defaulted in October 2017. The Claimant is put to strict proof as to the date of default. Default is denied. I have not received any notice of Default and the Claimant is put to strict proof.

18. On Wednesday 7th Febuary 2018 i recieved a email reply from the Claimant about the CCA Request Letter which states;

As this account is a telecommunications account it is not regulated by the Consumer Credit Act 1974 and therefore the supplier may have not retained a copy of the agreement. The terms of such an agreement are deemed to be accepted when the seal on the SIM card is broken and it is inserted into the mobile device. At this point, calls can be made and received, and access is available to other facilities that may have been provided as part of the terms. You can view the up to date terms on the supplier’s website.

19: I do not understand how the 'up to date' terms on the suppliers ( 'Orange' ) website would assist for a contract taken out in 2011.

20: I am unsure how, If the operator have not retained the terms and they are not able to provide them, how can they claim that I agreed to anything at all?. Their claim specifically mentions an "agreement" in their particulars of claim and whether putting in then using a sim was agreeing to it or not they have to show what that exact agreement was and what terms I was accepting.

21: On Wednesday 14th Febuary 2018 I sent a further hand written CPR 31.14 Request Letter to Lowell via post and at the time of filing this defence I am yet to recieve a reply.

22. I have sought help from Stepchange, who suggested I speak with Civil Legal Advice to get help dealing with this claim. However it looks like I would not actually qualify for legal aid and their website actually referred me back to Stepchange among other debt help charities. I understand this isn't a large amount, however I do not believe it is owed and the Claimant should be made to evidence their claim.

21: I have concerns over the affect the entries on my credit file and any CCJ would have on my future employment and borrowing requirements. I have already been forced to deal with enquiries over the default mark on my credit file from a company which I was hoping to volunteer with. I do not believe any entries should be on my credit file as there was no breach of any contract and no debt was owed. I would ask that the court orders the Claimant to remove those entries from my credit file.

22. I suffer from mental health problems anxiety and depression and I am on the waiting list with 'insight' to receive therapy for the 9th time.

23. I am receiving benefit and i do not have a lot of money so if the court finds the Claimant has a genuine claim against me, I would be unable to pay in one lump sum and would only be able to offer £1 a month. Should the situation arise I will approach Stepchange for advice to deal with my Income and Expenditure. However, as things stand, and without any evidence from the Claimant or 'Orange', it is denied the Claimant is entitled to the sums as claimed, or at all.

STATEMENT OF TRUTH

[warwick65]

Just an observation although I agree it does look more like a WS . make sure you capitalise your I's

I have not read it all but the problem that jumps out at me is - did you inform EE you wished to cancel the agreement. Most telecoms agreements ( well all the ones I have ever had) turn into a rolling monthly contract at the end of the fixed term

Not saying it is not worth getting a defence in but you need to be aware

[TomatoSoup]

warwick65 yes of course i am aware and yes i did not inform Orange that is now EE that i cancel the direct debits to them but i have to try and defend this and myself in someway if i was not going to i should never have even retuned the AOS saying that i indicate my intention to defend the Claimants entire claim. i should have just paid them off as soon as i got the claim form right

this is why we really need a copy of that original contract which i have asked lowell for 3 times
one via a CCA Request Letter via email as well as a CPR 31.14 Request Letter through email as well as a handwritten one via post

as well as a Subject Access Request ( Data Protection Act 1998 ) to EE twice one via email and a handwritten letter via post

bless slainte caragh for sharing their knowledge on mobile contracts

and many thanks to Amethyst for that defence
i will amend a few bits here and there but that looks great
thank you all so much for your help, support and advice on this oxox

just a few more questions >>>

it looks like i can post my defence via moneyclaim.gov.uk the same place i did my AOS correct?!

and do i send a copy of my defence to lowell or will the court inform them of what my defence said?

[Amethyst]

Yes you should be able to enter your defence via money claim online - the court will send a copy to the claimants If mcol isn't working then you can email your defence to the court - just shout and I'll check the email address for you.

[warwick65]

You missed my point completely

My point was, and I am not being judgmental at all

In all likelihood the contract that you agreed to will mean you do owe the money however I also said I see no reason not to try and defend

You need to be careful as to what you amend in the defence because, and again I mean this to be helpful, some of your amendments such as asking them to tell you if they want the CCA fee and sending documents by email could have fatally damaged your case

Also be aware that there is a limit for size of defences submitted online although I am not sure what it is as mine was submitted by email

[TomatoSoup]

sorry warwick65

maybe you saw some of my reply was directed at you in some negative way which is not the case and i am sorry if you felt that
this is the trouble with text it can so easy be seen and taken the wrong way
i was just letting you know that yes i am fully aware of everything that has been pointed out
and yes ok the CCA fee via email could damage but i have also done a hand written CPR 31.14 Request Letter via post
which is in the previous page with shots of my awful handwriting as well pointing all that out in my defence that is above with the help of a rewrite byAmethyst
i feel like i have done everything in my power and within the law to get the claimant to prove that i owe this ''debt'' to them
i feel if they really think i owe it they need to prove it and i am asking them to do just that i just hope the court thinks the same and they will ask the claimant to do the same
and then we will see if they have a copy of the original contract

[TomatoSoup]

IF i send my defence via email is this > mailto:ccbcdefendants@hmcts.gsi.gov.uk > the address i would use?

[MIKE770]

ccbcdefendants@hmcts.gsi.gov.uk

[TomatoSoup]

ccbcdefendants@hmcts.gsi.gov.uk

thank you MIKE770

[Amethyst]

Sorry Mike, it's changed from ccbcdefendants ( though I expect they have fwding on it as it was that for years) to

Claim responses & directions:

ccbcaq@hmcts.gsi.gov.uk

If emailing then your subject line should be

DEFENCE: Claim XXXXXXX Lowell v TomatoSoup


Then either attach the defence as a word/pdf document or paste it into the email body.

[TomatoSoup]

Sorry Mike, it's changed from ccbcdefendants ( though I expect they have fwding on it as it was that for years) to

Claim responses & directions:

ccbcaq@hmcts.gsi.gov.uk

If emailing then your subject line should be

DEFENCE: Claim XXXXXXX Lowell v TomatoSoup


Then either attach the defence as a word/pdf document or paste it into the email body.

thank you Amethyst

[TomatoSoup]

wow been a long time will update this soon it was a good ish ending thank you all for the help and advice oxox

[Amethyst]

Good ISH ? lol

Look forward to the update

[Minionherder]

Whilst looking for info for myself on a similar matter I spotted this from the OFT https://www.ofcom.org.uk/__data/asse...0/guidance.pdf at the bottom of page 6 section h seems to relate to your circumstances. If it does you could possibly argue that extending your contract was unfair.