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  • #16
    Okay, what of those did you actually receive ? notice of assignment, default notice and evidence of service. ( Shame he doesn't ask for the agreement ) or just that statement ?

    Have you checked that statement matches up with your credit card statement ?


    And did you file an amended defence ?


    orangesandlemons.png
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #17
      Originally posted by Amethyst View Post
      Okay you need to do both, today....


      CCA Request
      to Lowell with a £1 postal order or cheque
      CPR 31.14 Request
      to Lowell's Solicitors
      Subject Access Request Letter to ORANGE
      Can I send both the CCA Request and the CPR 31.14 Request in the same envelope, or should I send them in separate envelopes? Should all the requests be posted recorded, signed for?

      Comment


      • #18
        Separate envelopes, and recorded is a good idea, doesn't have to be signed for ( costs a blooming fortune ) but you want posting receipt and tracking if poss.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #19
          When I send the SAR Letter to Orange, is this what I'm requesting?

          Dear Sir or Madam
          Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))
          [Your full name and address, any previous address/names and any other details to help identify you and the data you want.]
          Please supply the data about me that I am entitled to under data protection law relating to:
          • my personal details.
          • copies of statements (between 2011 and 2018) held in account number _________.
          If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
          If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
          Yours faithfully

          I'm sorry but I'm really nervous and so, want to make sure I get it right.

          Comment


          • #20
            Please supply the data about me that I am entitled to under data protection law relating to all accounts held with Orange between 2011 and 2018, transaction lists, agreement/contracts, applications, screen notes, call records, letters, communication with third parties and any other documentation or records relating to myself.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #21
              Originally posted by Amethyst View Post
              Okay, what of those did you actually receive ? notice of assignment, default notice and evidence of service. ( Shame he doesn't ask for the agreement ) or just that statement ?

              Have you checked that statement matches up with your credit card statement ?


              And did you file an amended defence ?


              orangesandlemons.png
              This is what was received from Lowells in response to this. Lowells' Response.pdf

              I don't have any credit card statements to check against - I don't believe I had a credit card at that point in time, so the payments may have been off someone else's credit card.

              I didn't file an amended defence.

              Comment


              • #22
                Originally posted by Amethyst View Post
                Okay, what of those did you actually receive ? notice of assignment, default notice and evidence of service. ( Shame he doesn't ask for the agreement ) or just that statement ?

                Have you checked that statement matches up with your credit card statement ?


                And did you file an amended defence ?


                orangesandlemons.png
                All Correspondence 1.1.pdf All Correspondence 1.2.pdf All Correspondence 2.pdf All Correspondence 3.pdf

                This is all the correspondence received and in the order it was sent and received. The illusive Letter of Claim finally turned up in the response dated 5th July 2018, hence my belief that it was only just created. everything else seems to have been sent over with the exception of this document.

                Where do I go from here? Can you help me with the preparation of my defense as I know it has to be sent asap.

                Comment


                • #23
                  Originally posted by Mr Bean View Post

                  Can I send both the CCA Request and the CPR 31.14 Request in the same envelope, or should I send them in separate envelopes? Should all the requests be posted recorded, signed for?
                  These 3 letters were sent recorded post Saturday.

                  Comment


                  • #24
                    Originally posted by mr bean View Post

                    [ATTACH]n1414573[/ATTACH] [ATTACH]n1414574[/ATTACH] [ATTACH]n1414571[/ATTACH] [ATTACH]n1414572[/ATTACH]

                    this is all the correspondence received and in the order it was sent and received. The illusive letter of claim finally turned up in the response dated 5th july 2018, hence my belief that it was only just created. Everything else seems to have been sent over with the exception of this document.

                    Where do i go from here? Can you help me with the preparation of my defense as i know it has to be sent asap.
                    help me please!

                    Comment


                    • #25
                      deleted

                      Comment


                      • #26
                        Originally posted by Amethyst View Post
                        Have you agreed to the case being heard without a hearing ?

                        If the order is dated 21st June you'll need to get your Witness statement in about 19th July ( 28 days after the order )

                        Do you want to tell us a bit about the case ?
                        Are you still in a position to assist me? I'm not sure what my next step is.

                        Comment


                        • #27
                          Amethyst

                          Comment


                          • #28
                            Evening

                            Just having a look at the correspondence xx
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Probably entirely irrelevant and just another debt that Lowell have but in http://legalbeagles.info/forums/file...3&d=1531763028 (Page 4 ) it says the debt is O2 ? Last payment in November 2011 of £13.50 - doesn't have termination date but the start date was August 2011 - so 12 month contract would be August 2012 thus inside Statute Barred if it wasn't terminated until the end of the contract term, however it does state EARLY termination fee - but no date of termination is given at all ( but don't understand why that's O2 ).

                              Everything else is about Orange so relates to the claim.. The account opened 1st October 2011 and on 5th October there was an invoice of £103 which was paid on the 11th. Isn't there normally a space between account opening and the first invoice? Also we think there was a handset credit agreement within this ( explaining why its £103 not like £20 a month ) so THAT part does come under the CCA.

                              In any event - evidence wise ( not CCA enforceability wise ) you need the agreement - they cannot show the terms which allowed them to add the termination charge, nor how much the contract was for, what term it was over, and no where that I can see does it state the termination date.
                              Also doesn't show how any of the bills were made up, it states invoices, but provides no copies etc.

                              orange.png

                              So that wants to go in the witness statement. I'll have a look in morning properly Amethyst ( just tagging myself so I don't forget !!)
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Originally posted by Amethyst View Post
                                Probably entirely irrelevant and just another debt that Lowell have but in http://legalbeagles.info/forums/file...3&d=1531763028 (Page 4 ) it says the debt is O2 ? Last payment in November 2011 of £13.50 - doesn't have termination date but the start date was August 2011 - so 12 month contract would be August 2012 thus inside Statute Barred if it wasn't terminated until the end of the contract term, however it does state EARLY termination fee - but no date of termination is given at all ( but don't understand why that's O2 ).

                                Everything else is about Orange so relates to the claim.. The account opened 1st October 2011 and on 5th October there was an invoice of £103 which was paid on the 11th. Isn't there normally a space between account opening and the first invoice? Also we think there was a handset credit agreement within this ( explaining why its £103 not like £20 a month ) so THAT part does come under the CCA.

                                In any event - evidence wise ( not CCA enforceability wise ) you need the agreement - they cannot show the terms which allowed them to add the termination charge, nor how much the contract was for, what term it was over, and no where that I can see does it state the termination date.
                                Also doesn't show how any of the bills were made up, it states invoices, but provides no copies etc.

                                orange.png

                                So that wants to go in the witness statement. I'll have a look in morning properly Amethyst ( just tagging myself so I don't forget !!)
                                The O2 part of the documentation is the 1st lot of documentation received and on the back of one of the letters with the O2 details was the few lines highlighting the Orange debt, and before I could find out more about it the County Court documentation dropped in.

                                Thank you so much for your assistance.

                                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.




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