Lowell -court letter received

[Tlp3110]

Hi I’m new here and a bit overwhelmed with all the posts and where to look for the info I need. I have received a court letter relating to an Orange Mobile debt that has been passed to Lowell- looks like it defaulted in Nov 2013 so they are trying their luck at getting the money before it becomes statue barred- however this debt was taken out in my name by my ex- who also apparently set up a joint bank account where the direct debits came out of initially. I have found this out because they wrote to me recently about the debt and I asked them for all the info- asking them to provide evidence the debt was mine- which they can’t do- but have said the payments came from an account in joint names. This account has long been closed . I have now received a letter from the court telling me it’s been allocated to small claims track. I’ve also had a letter from Lowell’s going on about a Tomlin order. I don’t know how to deal with this now and hoping for some guidance. I’m not paying his debt- no way- he’s put me through enough shit as it is

[Amethyst]

You're quite a way down the line with this claim by the sound of it if it's been allocated - have you returned the directions questionnaire as yet ?

could you tell us what you entered as your defence and approx how much this is for.

When the account was opened was your ex living at the same address as you ? Phone/bills etc delivered there ?

Have you checked your credit files to see if it shows on there or anything else might be lurking ?

Send a data access request to Orange if you haven't already

https://legalbeagles.info/library/gu...ccess-request/

What documents have Lowell produced and what are the general terms of the Tomlin ?

And are you still in contact with your ex ?

[Tlp3110]

Hi . Sorry to sound thick but I don’t recall a questionnaire. I wrote to the courts telling them it wasn’t my debt. My defence is- this isn’t my debt- not my phone contract . I’ve never been with orange . It’s for £800. My credit file is full of debts he wracked up without my knowledge. We had a joint bank account for day to day living expenses yet somehow he managed to open another joint account without my knowledge and applied for payday loans , credit cards and this mobile all in my name. He managed to do all this without my knowledge because he worked from home- so I never saw any letters relating to any of the debts - until I kicked him out.
my ex was living with me at the time and no- we have no contact anymore
lowells haven’t produced any documents - just told me what the debt relates to.

The Tomlin order reads

by consent it is ordered that

1) all further proceedings in this claim be stayed except for the purpose of carrying out the terms of the schedule attached to this order.

2) each party shall be at liberty to apply to the Court if the other party does not give effect to the Terns set out in the attached schedule


schedule

the defendant agreed to pay the Claimant the sum of £801.37 in full and final settlement of the claim

the settlement sum is to be paid by the defendant at a rate of £ ______ per month commencing March 2019 and therefore on the _____ day of each month until the settlement sum has been paid in full.

Should the defendant default on the above, the claimant be at liberty to enter judgement against the defendant for the claim value, less any payments made, together with the costs of entering judgement and any other costs .



I just don’t know what to do next

[Tlp3110]

Any further help please???

[charitynjw]

I believe Orange was phased out around about the time this was defaulted (2012-3 ish?)

If so EE may have diddlysquat (or very little) re historic details.

& if they don't, nor will Lowells.

I had a similar (mobile 'phone) claim from Lowells......not Orange, but facts are similar.
Lowells....close to 6 years old ....original 'brand' no longer existed..
I SAR'd the company which had taken over the original phone/service provider (same as a SAR to EE for details of an historic Orange account)
They wrote back to say sorry, nothing much on record.

Lowell fought doggedly on with the claim, but discontinued it just before the court hearing.

So, worth a punt, I reckon. (Especially as a SAR is now free.)

Have you done so yet? (Post #2 above.)