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Lowell portfolio vs golden wind- help needed urgently

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  • Lowell portfolio vs golden wind- help needed urgently

    PREVIOUS INFORMATION

    Issue Date: 26
    th july 2018
    Amount approx: £397.95 amount claimed
    Claimaint: Lowell portfolio I ltd
    Solicitor: Cohen Cramer solicitors
    Original Creditor: Orange
    Particulars of Claim:
    The claim is for the sum of £368.47 due by Defendant under Orange account with an account reference of XXXXXX
    The defendant failed to maintain the contractual payments required under the terms of the account agreement.
    The debt was legally assigned to the claimant on 27/Aug/2014 notice of which has been given to the defendant.
    The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £29.48
    The Claimant claims the sum of £397.95

    Is the debt Statute Barred?- I do not know since I don't know when the debt started.

    List any letters you have sent:
    none

    Any Other Info: Since I have no information on the original contract I don't have much to add. Although the amount claimed may seem low I highly dispute that I owe even that much I remember contacting Orange via telephone in late 2012 in regards to my difficulty paying monthly bills in the coming months, they said I would have to pay the full amount of the remaining contract over time. I continued paying the monthly bills for a couple of months until I could not longer pay. My correspondence with Orange stops here and I receive no letters or phone calls from them. The letters from Lowell offer no insight into the dept other then the date of the contract with Orange (8th Dec 2011) and the amount claimed. I would be foolish to assume I owe no debt here but since the details are so thin and the amount seems inflated I am not sure how to proceed.

    Due to my lack of knowledge of this account I'm not sure whether to acknowledge the claim yet or wait until I send a CCA and CPR to Lowell and the solicitors. Since the Claim form dates from the 26th June I should have a bit of time to get a clearer picture of what I owe but any advice would be greatly appreciated.



    Hi so received this court claim on the 26th June I have acknowledged the claim and send out a CPR to the solicitors and a CCA to Lowell and a copy of said document to the solicitors too. I also send a SAR to EE.

    So far I have received 1 letter back from the solicitors saying that "Documents in support of our Client's claim will be disclosed on or before disclosure as directed by the court" and I should respond to the claim form.

    I suppose my defence will be based around the lack of and vague information from Lowell but I am not sure what to do, I am open to mediation obviously.

    I need to file my defence before the 24th of July so any help would be greatly appreciated.

    Can anyone advise me of how these things usually pan out?

    Thanks
    Tags: None

  • #2
    I should also add that the solicitor's reply to the CPR also added that "If you require further time to prepare your response please let us know as we may be able to agree a short extension to the Court time table"

    As it stands since the court claim form is dated on the 26th June i think I need to prepare my defence by this weekend.

    I have had no reply from Lowell in regard to the CCA and nothing from EE (orange account) in regards to the SAR. ( I send CCA,CPR,SAR letters on 11 July)

    I think my best bet is to use the defence form template and base a defence around the lack of information if any I have received from Lowell for my account.

    Although the solicitors response of "Documents in support of our Client's claim will be disclosed on or before disclosure as directed by the court" does sound ominous I have no idea if they are just trying to bluff in the hopes that I capitulate before the court date?

    Any advise would be greatly appreciated right now.

    Comment


    • #3
      I am going to request further time as offered by the solicitor

      I have written this letter to send to them if you see any problems with it I would greatly appreciate it.



      Dear Sirs



      I received you letter where you informed me of your notification of Lowell Portfolio Ltd in regards to my request for documents. Disappointingly I have yet to receive any correspondence from Lowell Portfolio Ltd in relation to any of my requests.

      Since the date where my defence must be submitted is nearing and since Lowell Portfolio Ltd seemingly are either unwilling or unable to provide me with the information requested I would like to request additional time so that I may amend my defence.



      Yours sincerely

      xxxx

      Comment


      • #4
        doing their job for them??? they know the rules - they can once a case is in existence supply later down the line - Read other threads and get to know their missives at early stages!

        your initial defence will be on such a date a request for xxx made no repose to request etc etc send letters like that and they will say a person who has limited knowledge here?
        Example Defence

        Comment


        • #5
          Thanks for replying i was just going to go and post the letter. I thought that if i sent a letter to the solicitors it may show that I was willing to give them extra time to send documents which i don't think they have and shows my willingness to accommodate for them or something. I guess that I should just concentrate on preparing an initial defence.

          I also checked my credit report and no default shows up in relation to the orange account in question. Is that normal?

          Comment


          • #6
            seems to be sit on your hands and concentrate on the defence - remember they hope for a no show hands approach they get a CCJ by default and their so called books value raises.

            Comment


            • #7
              Ok, I'll work on finishing the defence. I'll post draft tomorrow to see what people think. Thanks for the advise

              Comment


              • #8
                the defence is best in the day before deadline they have no chance to shatter it, post up minus identifiable names/numbers etc

                Comment


                • #9
                  Hi this is a simple draft of my defence based off the defence template, im not sure if section 3 is applicable since i've read on previous threads that cca doesnt cover mobile contracts.

                  Also I have checked my credit history and cannot find any mention of a default by Orange which is strange i think? So there has been no effect on my credit score and history or mention of my Orange account.

                  My 28 day window for defence ends on 24th July, so should i post this the day before and include proof of postage on the CCA/SAR/CPR or submit it online?

                  The defence seems very short and simple right now so any feedback would be greatly appreciated.

                  Many thanks.

                  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                  In the Northampton County Court Business Centre

                  Claim No: [XXXXX]


                  Lowell Portfolio ltd

                  Lowell Portfolio ltd



                  And



                  Defendant

                  Defendant

                  DEFENCE



                  1.I received the claim xxxxxx from the Northampton County Court on 26th June 2018



                  2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.



                  3.This claim is for a mobile phone contract agreement regulated under the Consumer Credit Act 1974.



                  4.It is admitted that the Defendant has previously entered into an agreement with Orange for a mobile phone contract.



                  5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.



                  6.The Claimants statement of case states that the account was assigned from Orange to Lowell on 27/Aug/2014 . The Defendant does not recall receiving notice of this assignment.



                  7.It is denied that Orange served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.



                  8.On the 11 July 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.



                  9. Cohen Cramer has not sent any of these documents to me.



                  10.On the 11 July 2018 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.



                  11.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.



                  12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.



                  13.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.



                  14.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.



                  15.It is denied that the Claimant is entitled to the relief as claimed or at all.

                  Statement of Truth

                  The Defendant believes that the facts stated in this Defence are true.

                  Signed ________________________________

                  Dated ________________________________

                  Comment


                  • #10
                    Hello everyone I was looking at my credit score on experian and there is no mention of a defaulted Orange account, I assumed it would be there as an account would have to have been defaulted for an agency to buy it

                    Can anyone shed some light on this?

                    thanks

                    Comment


                    • #11
                      Sorry to bother people on a weekend. I am going to mail my defence tomorrow as my 28 day window ends on Tuesday, I am unsure of whether section 3: "3.This claim is for a mobile phone contract agreement regulated under the Consumer Credit Act 1974." is applicable to me since as far as I am away mobile phone contracts are not covered by the consumer credit act.

                      Thanks

                      Comment

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