** DISCONTINUED ** Urgent Assistance Needed

[Mr Bean]

[QUOTE=Amethyst;n1414967]Ahhh ( you redacted the creditor name lol ) ok make sure you explain that and include unredacted copies of that.

Weird how how they've taken court action on the orange one and not the 02 one.

you can can email it to the court but post a copy to the other side [Got you.]



The O2 one was Statue barred, so they just closed that account. However, they must have noticed that the Orange account was reaching Statue Barred date come May 2018 and so wanted to get something out of the account as soon as possible.

[Amethyst]

Ahhh ( you redacted the creditor name lol ) ok make sure you explain that and include unredacted copies of that.

Weird how how they've taken court action on the orange one and not the 02 one.

you can can email it to the court but post a copy to the other side

[Mr Bean]

Cool - should be fine to get it sent in the morning.
It is a shame you didn't do an amended defence but hopefully as small claims you'll be okay. You'll need to include some of the wording from the defence and the preaction protocols part ( include that original letter as an exhibit ) and state you did not receive the one they have now provided HOWEVER looking at the letters on 26th Jan you sent this letter

516FD5F7-351F-406F-B825-49A0E763576E.png
But I can't see what it's in response to ?

you sent same letter in response to the O2 letter it looks like ?

So just check what that was

How do I send in the morning, by post?

I sent the same letter for both.

I sent this letter Orange Letter.pdf after receiving this information Orange.pdf on the back of this O2.pdf dated 22nd January 2018, being their response to the O2 letter I sent.

[Amethyst]

Cool - should be fine to get it sent in the morning.
It is a shame you didn't do an amended defence but hopefully as small claims you'll be okay. You'll need to include some of the wording from the defence and the preaction protocols part ( include that original letter as an exhibit ) and state you did not receive the one they have now provided HOWEVER looking at the letters on 26th Jan you sent this letter

516FD5F7-351F-406F-B825-49A0E763576E.png
But I can't see what it's in response to ?

you sent same letter in response to the O2 letter it looks like ?

So just check what that was

[Mr Bean]

I'm so sorry I missed this post. I am so worried that I miss the deadline. [ATTACH]n1414932[/ATTACH]

*may miss

[Mr Bean]

I need your original defence please Mr Bean xxx

I'm so sorry I missed this post. I am so worried that I miss the deadline. Original Defence.pdf

[Mr Bean]

Starting point anyway.. pretty rough so far just figuring the 'story' out really atm.... haven't gone into the pre-action issue yet till I know what your actual defence was.


Claim No. xxxxxxxxx
IN THE xxxxxxxxxxx COUNTY COURT
B E T W E E N:-
LOWELL PORTFOLIO
Claimant
and
MR BEAN
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________
I, Mr Bean, of *****address********* will state as follows;

1. I am the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.
2. I received the claim in this case in January 2018 from the County Court Business Centre.
3. I was uncertain what the claim related to and following requests for further information ( EXHIBIT X, X, X ) made to the Claimant I submitted my Defence in the case on xxxxxxxxxxxxxxxxx ( EXHIBIT X )
4. I received a copy of an Order from District Judge xxxxxxxxx dated 26^th April 2018 ( EXHIBIT X )
5. The order obliged the Claimant to send to the court and to myself the Notice of Assignment, the Default Notice, Evidence that the Assignment and Default Notices had been served on myself, A statement of the Account from the date of its inception.
6. The order gave me, as Defendant opportunity to amend my defence, however I do not believe it was necessary for me to do so and my original defence applies.
7. On 22^nd June 2018 I received a Notice of Allocation to the Small Claims Track from District Judge xxxxxxxxx dated 21^st June 2018 ( EXHIBIT X)
8. I returned the accompanying form to the court on the 25^th June 2018 agreeing to the case to be heard on papers.(EXHIBIT X)
9. The Claimant’s case appears to be that they have no requirement to provide copies of documents as the account is for telecommunications and not regulated by the Consumer Credit Act 1974.
10. The Claimant states that the Original Creditor states a termination charge of £546.72 represents an early termination fee as incorporated within the Agreement and Terms and Conditions, however has failed to produce a copy of these terms and conditions or the Agreement. These documents are required to assess whether there was any liability to pay any early termination charge.
11. The Claimant has not stated any fixed contract period or term of the alleged Agreement.
12. Referring to the Statement of Account provided by the Claimant there appears to be an invoice for £103.70 dated the 5^th October 2011.If, as alleged, the Agreement was for airtime and data, this appears to be an extremely high amount.
13. I have had various airtime/data packages over the years and these are normally in the region of £10-£30 per month with calls and data included. Occassionally calls are made outside of the package which are charged in addition, however for this to reach £103.70 within 5 days of the alleged opening of the account seems unlikely.There was a further invoice for £230 in November, which was also paid by credit card. The statement shows that payments of £1,132 were made by a personal credit card over a 7 month period. I do not have any record of these payments.
14. Therefore, although I have no further details about this alleged debt, I believe that there was likely a loan to purchase a handset included in the package, which would be a regulated credit agreement for the purposes of the Consumer Credit Act 1974.
15. I have sent a subject access request pursuant to the Data Protection Act 2018 to Orange, however I am yet to receive a response. I am hoping that this response may include copies of the alleged invoices, agreement, terms, termination / default and assignment notices which the Claimant seems to be unable to provide.

TO BE CONTINUED/////

Regarding my original defence on the pre-action issue, I was advised that if I hadn't received any information prior to the court documentation, then they were in breach of the Pre-Action Protocol October 2017. I hadn't received any information about this debt until the O2 letter with the few lines on the back mentioned it. Lowell's say they sent out the Pre-Action letter to me on 17th December 2017, and were supposed to provided me with a copy, but that only turned up in the pack with the letter dated 5th July 2018. I believe that this letter was only created recently, because it has never shown up together with any previous correspondence, even after they volunteered a copy, it was never enclosed.

[Mr Bean]

Starting point anyway.. pretty rough so far just figuring the 'story' out really atm.... haven't gone into the pre-action issue yet till I know what your actual defence was.


Claim No. xxxxxxxxx
IN THE xxxxxxxxxxx COUNTY COURT
B E T W E E N:-
LOWELL PORTFOLIO
Claimant
and
MR BEAN
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________
I, Mr Bean, of *****address********* will state as follows;

1. I am the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.
2. I received the claim in this case in January 2018 from the County Court Business Centre.
3. I was uncertain what the claim related to and following requests for further information ( EXHIBIT X, X, X ) made to the Claimant I submitted my Defence in the case on xxxxxxxxxxxxxxxxx ( EXHIBIT X )
4. I received a copy of an Order from District Judge xxxxxxxxx dated 26^th April 2018 ( EXHIBIT X )
5. The order obliged the Claimant to send to the court and to myself the Notice of Assignment, the Default Notice, Evidence that the Assignment and Default Notices had been served on myself, A statement of the Account from the date of its inception.
6. The order gave me, as Defendant opportunity to amend my defence, however I do not believe it was necessary for me to do so and my original defence applies.
7. On 22^nd June 2018 I received a Notice of Allocation to the Small Claims Track from District Judge xxxxxxxxx dated 21^st June 2018 ( EXHIBIT X)
8. I returned the accompanying form to the court on the 25^th June 2018 agreeing to the case to be heard on papers.(EXHIBIT X)
9. The Claimant’s case appears to be that they have no requirement to provide copies of documents as the account is for telecommunications and not regulated by the Consumer Credit Act 1974.
10. The Claimant states that the Original Creditor states a termination charge of £546.72 represents an early termination fee as incorporated within the Agreement and Terms and Conditions, however has failed to produce a copy of these terms and conditions or the Agreement. These documents are required to assess whether there was any liability to pay any early termination charge.
11. The Claimant has not stated any fixed contract period or term of the alleged Agreement.
12. Referring to the Statement of Account provided by the Claimant there appears to be an invoice for £103.70 dated the 5^th October 2011.If, as alleged, the Agreement was for airtime and data, this appears to be an extremely high amount.
13. I have had various airtime/data packages over the years and these are normally in the region of £10-£30 per month with calls and data included. Occassionally calls are made outside of the package which are charged in addition, however for this to reach £103.70 within 5 days of the alleged opening of the account seems unlikely.There was a further invoice for £230 in November, which was also paid by credit card. The statement shows that payments of £1,132 were made by a personal credit card over a 7 month period. I do not have any record of these payments.
14. Therefore, although I have no further details about this alleged debt, I believe that there was likely a loan to purchase a handset included in the package, which would be a regulated credit agreement for the purposes of the Consumer Credit Act 1974.
15. I have sent a subject access request pursuant to the Data Protection Act 2018 to Orange, however I am yet to receive a response. I am hoping that this response may include copies of the alleged invoices, agreement, terms, termination / default and assignment notices which the Claimant seems to be unable to provide.

TO BE CONTINUED/////

Magic, I will get started on this.

Thank you again.

[Amethyst]

Starting point anyway.. pretty rough so far just figuring the 'story' out really atm.... haven't gone into the pre-action issue yet till I know what your actual defence was.


Claim No. xxxxxxxxx
IN THE xxxxxxxxxxx COUNTY COURT
B E T W E E N:-
LOWELL PORTFOLIO
Claimant
and
MR BEAN
Defendant

____________________________________________
WITNESS STATEMENT
_____________________________________________
I, Mr Bean, of *****address********* will state as follows;

1. I am the defendant in these proceedings. I make this witness statement in support of my defence in this case. I am a litigant in person.
2. I received the claim in this case in January 2018 from the County Court Business Centre.
3. I was uncertain what the claim related to and following requests for further information ( EXHIBIT X, X, X ) made to the Claimant I submitted my Defence in the case on xxxxxxxxxxxxxxxxx ( EXHIBIT X )
4. I received a copy of an Order from District Judge xxxxxxxxx dated 26^th April 2018 ( EXHIBIT X )
5. The order obliged the Claimant to send to the court and to myself the Notice of Assignment, the Default Notice, Evidence that the Assignment and Default Notices had been served on myself, A statement of the Account from the date of its inception.
6. The order gave me, as Defendant opportunity to amend my defence, however I do not believe it was necessary for me to do so and my original defence applies.
7. On 22^nd June 2018 I received a Notice of Allocation to the Small Claims Track from District Judge xxxxxxxxx dated 21^st June 2018 ( EXHIBIT X)
8. I returned the accompanying form to the court on the 25^th June 2018 agreeing to the case to be heard on papers.(EXHIBIT X)
9. The Claimant’s case appears to be that they have no requirement to provide copies of documents as the account is for telecommunications and not regulated by the Consumer Credit Act 1974.
10. The Claimant states that the Original Creditor states a termination charge of £546.72 represents an early termination fee as incorporated within the Agreement and Terms and Conditions, however has failed to produce a copy of these terms and conditions or the Agreement. These documents are required to assess whether there was any liability to pay any early termination charge.
11. The Claimant has not stated any fixed contract period or term of the alleged Agreement.
12. Referring to the Statement of Account provided by the Claimant there appears to be an invoice for £103.70 dated the 5^th October 2011.If, as alleged, the Agreement was for airtime and data, this appears to be an extremely high amount.
13. I have had various airtime/data packages over the years and these are normally in the region of £10-£30 per month with calls and data included. Occassionally calls are made outside of the package which are charged in addition, however for this to reach £103.70 within 5 days of the alleged opening of the account seems unlikely.There was a further invoice for £230 in November, which was also paid by credit card. The statement shows that payments of £1,132 were made by a personal credit card over a 7 month period. I do not have any record of these payments.
14. Therefore, although I have no further details about this alleged debt, I believe that there was likely a loan to purchase a handset included in the package, which would be a regulated credit agreement for the purposes of the Consumer Credit Act 1974.
15. I have sent a subject access request pursuant to the Data Protection Act 2018 to Orange, however I am yet to receive a response. I am hoping that this response may include copies of the alleged invoices, agreement, terms, termination / default and assignment notices which the Claimant seems to be unable to provide.

TO BE CONTINUED/////

[Amethyst]

I need your original defence please Mr Bean xxx

[Amethyst]

Ok cool will work on it this afternoon

[Mr Bean]

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.

[Amethyst]

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 !!)

[Amethyst]

Evening

Just having a look at the correspondence xx

[MIKE770]

Amethyst