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Lowell - Orange Mobile - Claim Form - County Court

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  • Lowell - Orange Mobile - Claim Form - County Court

    Received a claim? Yes/No: Yes
    Issue Date: 03 JUL 2019
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £1300
    Claimant’s Name: Lowell Portfolio
    Solicitors Firm: Lowell Solicitors Limited
    Original Creditor: Orange
    Original Debt : Mobile Phone
    Particulars of Claim:
    1) The Defendant entered into an agreement with Orange under account reference **** ('the Agreement')
    2) The defendant failed to maintain the required payments and the service was terminated.
    3) The Agreement was later assigned to Claimant on 28/02/2014 and notice given to the defendant.
    4) Despite repeated requests for payment the sum of £***** remains due and outstanding.
    And the Claimant claims
    a) The said sum of £*****
    b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from date of assignment to the date of issue
    c) Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Statue Barred, Contacted Lowell 2014, 2016, 2017, 2018 (once yearly to dispute claim)
    List any letters you have sent (eg: CCA/ CPR ): SAR to Orange, SAR to Lowell. CCA Request to Lowell (Does not apply to Mobile Phone Contracts)
    Any Other Information or Background Details:

    I have been in dispute with Lowell for years about this account and it is due to be statute-barred in November 2019. I have little or no recollection of this account with Orange. I have been with EE for all my phone contracts which were Orange mobile Prior. I received a Letter of Claim, responded to it and asked them to provide me with proof of the agreement. They have sent me a blank page with transaction history with no header and looks like anyone could have typed it up on notepad.

    I SAR'd Orange and they said the search for my name came back with a 'negative' result and could not provide me with previous bills for reference due to the age of the account. They did, however, provide customer account notes from the account in question but I still have no recollection of this account. When I SAR'd Lowell, they sent me an encrypted PDF with everything they have on my name.

    I have acknowledged the claim online 05/07/2019 and stated I am going to defend in full. What would be the next step for me to do?
    Thank you so much in advance.
    Last edited by lbgsmith283; 5th July 2019, 20:36:PM. Reason: add tags
    Tags: claim, lowell, orange

  • #2
    Am I right in thinking the next stage is to send Lowell a CPR 31.12 request? Thanks in advance.

    Comment

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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