Court Claim - Lowell / Orange - 26-11-2014

[nemesis45]

Re: Court Claim - Lowell / Orange - 26-11-2014

Yes, I did keep a copy of the form and letter sent to BW Legal.
I was going to write to the Court .....expressing my dismay that this sort of extortion was allowed in the UK by Law plus Statement of facts - no default notice from Lowell, no communications at all from Lowell; plus a mention of mitigating circumstances job loss, ill health, unemployment with copy of SC Budget. Oh and I mentioned the 2 CCJs on my credit report which I know nothing about.
All in all I've screwed up Royally, I guess.
I can send this and register via the Moneyclaimonline system if it will help my case.
Thanks for your opinions. I know better now. I'm sure other chasers will follow before too long.

44

There is no requirement for a default notice as mobile phone provision is a " service contract not regulated by CCA 1974.
A demand for payment would have been sent.
Keeping this simple is the way follow the advice Amethyst has given.

[OwlWatcher]

Re: Court Claim - Lowell / Orange - 26-11-2014

Further opinion required.
This issue is still ongoing. Having heard from BW Legal that their client intended to proceed with the claim, a week later I got a letter plus form N149A from the County Court stating that this is now a defended claim AND that it seems suitable for allocations to the small claims track. Apparently I must reply by Feb 2nd 2015 and complete Form N180 (copy other parties).
Why has this happened? What should I do? Is it suitable/ My situation hasn't changed. I am still U/e with very little income from a small pension. I was going to send forms to the court indicating low income and claim fee waiver. Not sure how best to proceed.

[nemesis45]

Re: Court Claim - Lowell / Orange - 26-11-2014

Standard procedure, follow court directions.
And apply for waiver.

nem

[OwlWatcher]

Re: Court Claim - Lowell / Orange - 26-11-2014

Thanks but still a little confused how to proceed.
Should I agree to Small Claims Track? Should I go to mediation?
The simple fact is I cannot afford to pay the debt that Lowells have bought from Orange.
I was going to offer £1 per month as advised by Step Change. If Court set higher payment I would have to review.
No chance of settling for 50% as previously suggested - no funds.
There will be more debts to follow soon, mainly c/c debts. Someone has been stirring the hornets nest. Several letters have arrived.
I decided to upgrade to VIP as a small token a gratitude for your help.

[nemesis45]

Re: Court Claim - Lowell / Orange - 26-11-2014

Always tick mediation, parties to the claim are expected to attempt a conclusion without a court hearing.
This also looks good for you showing a willingness to settle.
A very good course for you if the claimant accepts that you are unable to pay more the £1 per month a consent (Tomlin) order can be made binding on both parties and no CCJ is registered.
Have you done an Income/Expenditure statement that you can send to Lowell?

nem


Small claims track for debts less than 10K limited costs.

[OwlWatcher]

Re: Court Claim - Lowell / Orange - 26-11-2014

reply with quote removed as done in error


OK Thanks
Still a little confused but getting there.
So you think it is best to accept small claims procedure and go for mediation? Yes?
Yes, I did send an income statement to Lowells (copy of Step Change statement of income/outgoings). I will take this along to the hearing. Are there costs involved for this? and if so can I request waiver on them?

No guarantee that Lowells will accept £1 per month I guess so can I apply for waiver if I go small claims route?
Do I have to formally request a Consent Order (Tomlins) ? [Is that the correct terminology?] Or will the mediation service offer it?

Apologies for so many questions but want to understand process and get it right this time, as I probably messed up things earlier before contacting Legal Beagles.

[nemesis45]

Re: Court Claim - Lowell / Orange - 26-11-2014

It is the appropriate track for this and mediation is a way to avoid a CCJ the HMCTS small claims mediation service is a stress free way of dealing with situations such as yours and will cost you nothing, and as long as the terms of the order are adhered to nothing more will happen.
Mediation is best done by telephone appointment and is between you the claimant and the mediator, you speak only to the mediator
who will pass your comments/offer etc. to the claimants representative then phone you back with their reply.

Not so long ago I took part in a mediation on be half of someone with a 3K plus card debt, the consent order was for £5 per month for 35 + years the debtor was 63 at the time.

[Alfa1steve]

Re: Court Claim - Lowell / Orange - 26-11-2014

Not so long ago I took part in a mediation on be half of someone with a 3K plus card debt, the consent order was for £5 per month for 35 + years the debtor was 63 at the time.

That's brilaint!

[OwlWatcher]

Re: Court Claim - Lowell / Orange - 26-11-2014

The saga goes on. Mediation due 23/02/2015.
The County Court Case suddenly was switched to small claims court, then an offer of mediation appeared. Have Lowells concluded they might lose out and are trying one last step to get a small amount each month from me?
BUT this morning 18/02/2015, I received an email from BW Legal …………..”This is just a friendly reminder that your regular payment of £1 was due on 18/01/2015 “
NO SUCH AGREEMENT EXISTS. I have never agreed any payment of any kind to BW Legal.
Is this the latest in their armoury of tricks to squeeze money out of people? I am not aware that I have given them my email address. Never had an email from them before.
The offer (supposedly £1 per month) seems good but don’t know how long this for, whether the payment will be passed to Lowell (their client) I do not know. By acknowledging the email I guess I am agreeing that I owe them money (which I don’t. I owed Orange money but they wrote it off and gave up on it; they no longer exist – now EE, soon to be BT it seems) Lowell bought the debt and are using BW Legal as their mouthpiece to try to make a profit.
Don’t know terms of offer of this mystery payment I am supposed to have agreed to. If £1/ month ad infinitum (or at least till I die) then maybe that is quite good and I should accept it. I’m 62, U/e not likely to find another job that will pay enough money to pay off multiple debts. Even 20 years at £12 per year is less than £757. Tempting but part of me wants to expose these racketeers for what they are. This is legalised extortion nothing less.
Case due to go to Mediation on Monday 23^rd Feb. Thinking of cancelling that and allowing it to go to County Court.
Opinions welcomed

[OwlWatcher]

Re: Court Claim - Lowell / Orange - 26-11-2014

Success!
Case went to Mediation. Mediation agreement was for £1 per month after debt was reduced from £757 to £585 (fees and charges taken off) with a possibility that that debt will be struck off due to ill health and low income. I am aged 62 so that is a result. Good advice (sorry opinions) given.
Thank you Legal Beagles for your help.
OwlWatcher

[nemesis45]

Re: Court Claim - Lowell / Orange - 26-11-2014

Success!
Case went to Mediation. Mediation agreement was for £1 per month after debt was reduced from £757 to £585 (fees and charges taken off) with a possibility that that debt will be struck off due to ill health and low income. I am aged 62 so that is a result. Good advice (sorry opinions) given.
Thank you Legal Beagles for your help.
OwlWatcher

Excellent result !! Must be a great weight off your mind.

nem