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Hello, writing to introduce myself and ask where best to go to get advice.
This morning I received a claim form from County Court Business Centre Northampton.
The particulars of claim are as follows;
1)The defendant entered into an agreement with Orange under account no. ********
2) The defendant failed to maintain the required payments and the service was terminated. (This is not correct as I will explain)
3)The agreement was later assigned to the claimant on 28/06/17 & notice given to the defendant.
4) Despite repeated requests for payment the sum of £258.10 remains due and outstanding.
5) The claimant claims a) £258.10 b) interest at a rate of 8% p.a being £20.65 c) costs. (Total £353.75)
I have consistently disputed this debt with Lowell via telephone. Orange have historically failed to provide an answer as to what the debt was for until today after a lengthy telephone conversation with EE (who took over Orange.) It transpires that I did pay the full 24 months contract in full. (The claim states I failed to maintain the required payments & service was terminated). However it seems what actually happens was- an indemnity was made by my bank for what Orange say was 14 months payments. Orange then considered the contract unpaid in full and have evidently sold the debt to Lowell.
I had no idea about how this debt arose until today as I knew I had paid the contract in full.
I spoke to my bank and after hours on the phone, we have ascertained that 4 months after my agreement with Orange ended, Orange took a further (unauthorised) payment via direct debit on the same mandate number. I have evidently then called my bank and asked for an indemnity to claim the payment back. My bank have however charged back either 12 or 14 months worth of payments and £190 was credited to my bank account. This went completely unnoticed to myself as it is the same amount as a regular payment I receive bi monthly.
Lowell have never accepted that I did not know what the debt was for and have never told me- other than it was for an unpaid contract but of course as far as I knew I had paid in full.
My question is- should I make a partial admission to only owing the £190 that was paid back to me and defend the rest?
What do I need to request from Lowell with regards to their evidence to the particulars? As what they have stated is incorrect.
Am I liable for the full amount considering I already paid the contract in full?
many thanks in advance
J.R
This morning I received a claim form from County Court Business Centre Northampton.
The particulars of claim are as follows;
1)The defendant entered into an agreement with Orange under account no. ********
2) The defendant failed to maintain the required payments and the service was terminated. (This is not correct as I will explain)
3)The agreement was later assigned to the claimant on 28/06/17 & notice given to the defendant.
4) Despite repeated requests for payment the sum of £258.10 remains due and outstanding.
5) The claimant claims a) £258.10 b) interest at a rate of 8% p.a being £20.65 c) costs. (Total £353.75)
I have consistently disputed this debt with Lowell via telephone. Orange have historically failed to provide an answer as to what the debt was for until today after a lengthy telephone conversation with EE (who took over Orange.) It transpires that I did pay the full 24 months contract in full. (The claim states I failed to maintain the required payments & service was terminated). However it seems what actually happens was- an indemnity was made by my bank for what Orange say was 14 months payments. Orange then considered the contract unpaid in full and have evidently sold the debt to Lowell.
I had no idea about how this debt arose until today as I knew I had paid the contract in full.
I spoke to my bank and after hours on the phone, we have ascertained that 4 months after my agreement with Orange ended, Orange took a further (unauthorised) payment via direct debit on the same mandate number. I have evidently then called my bank and asked for an indemnity to claim the payment back. My bank have however charged back either 12 or 14 months worth of payments and £190 was credited to my bank account. This went completely unnoticed to myself as it is the same amount as a regular payment I receive bi monthly.
Lowell have never accepted that I did not know what the debt was for and have never told me- other than it was for an unpaid contract but of course as far as I knew I had paid in full.
My question is- should I make a partial admission to only owing the £190 that was paid back to me and defend the rest?
What do I need to request from Lowell with regards to their evidence to the particulars? As what they have stated is incorrect.
Am I liable for the full amount considering I already paid the contract in full?
many thanks in advance
J.R
