***DISCONTINUED*** Court Claim - Lowell / Orange

[Snoop1Tommy]

Received a claim? Yes
Issue Date: 15-7-2015
Amount approx: £2166.01
Claimant: Lowell
Solicitor: Bryan Carter Solicitors LLP
Original Credit: Orange

Particulars of Claim:
The claim is for £1834.28, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfolio I Ltd,
on 20/12/2013 and notice served pursuant to the Law Of Property Act 1925

Particulars
RE - Orange
A/C No 96154087

And the claimant claims £1834.28
The claimant also claims statutory interest pursuant to S.69 of The County Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £146.73.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Firstly I have sent the 'Acknowledgement Of Service' for the County Court Claim I received from Bryan Carters Solicitors, as I fully intend to try and defend this claim against a CCJ being taken out against me! I vaguely recall this debt being with another DCA, and this was about 3 years ago. And I strongly disputed the amount owing then, as originally it was claimed I allegedly owed over £3300 in respect of this creditor Orange! This figure was later revised to around £1800, with no obvious reason given.. and when I asked for 'proof of the amount I owed' and the 'Deed Of Assignment'.. none were forthcoming! The next thing I knew Lowell's had taken over the 'debt', and again I requested the same paperwork in early 2014' but none was forthcoming. Put simply I do not understand how I can owe so much for a mobile phone contract, and what I believe could be a disputed early termination of my broadband & telephone services. I do not dispute there may be something owing to Orange, but certainly not the amount that is being quoted!

The reason why I am so late in posting this comment is because I suffer from (and I have been diagnosed with) long-term mental health issues, i.e. severe anxiety & severe depression, and this has had detrimental effect / profound impact upon my life for the past 20 years. So, I do find it very difficult in coping with financial matters, let alone my debt issues. It is one reason why I am remiss in leaving it late in seeking advice on what to do for the best with regard to the CCJ Court Claim I've received. And I find it overwhelming on a daily basis trying to deal with my other debts too, as the very nature of it exacerbates my anxiety. It could very well be that I have overlooked some previous communication from Lowells, specifically about this one debt, and now I am worried that I have made things worse for myself. The deadline for me to get a response to the Court by, is the 17th August. I'm not about to agree to pay a debt, where I don't know what the amount relates to, AND also not having any proof of when Lowell took over the debt!

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

:tinysmile_hmm_t2:

Hi there,

Not sure how this works, but I'm just bumping this post up as the Court Claim deadline date is imminent (17.8.15).

TIA

[FlamingParrot]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi and welcome aboard

Did you send a CPR request to Bryan Carter?

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Good morning.

You need to send Carter a Request for the agreement mentioned in the claim, this is made under Civil Procedure Rule 31.14 (CPR31.14) no fee payable get this done asap ,there is a template in the forum library for this.
The documents you require are the agreement and the notice of assignment.

I'm sorry to hear about your health problems, daily life is hard enough to cope with without the likes of Lowell on your back.

Some history of the debt please,

1. When was this phone account last used and any payment made?
2. There is no agreement regulated by the Consumer Credit Act 1974 for phone service accounts and the Deed of Assignment was very unlikely to have been supplied as it is considered confidential commercially sensitive information as it is the contract between the creditor and the debt purchaser.
3. Are you know considered to be a " vulnerable" person because of your mental health issues?
4. I certainly agree that you should not give in and pay the alleged debt without knowing how it's made up.
5. A defence can be built around the fact that you have no knowledge of the amount claimed.

I have used an unorthodox approach it a case similar to yours in the past, writing to a senior member of debt purchasers staff explaining the problems the person was experiencing, and requesting a full breakdown of how the alleged debt is made up. If you need help with that approach please let me know.
nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Many thanks Nem for your reply, it is greatly appreciated. Please bear with me though as I am still getting used to this forum, and hopefully I am replying in the right fashion. I also find it difficult coping with new changes, etc.

I have copied most of your questions to make it easier for reference, as follows:


"You need to send Carter a Request for the agreement mentioned in the claim, this is made under Civil Procedure Rule 31.14 (CPR31.14) no fee payable get this done asap ,there is a template in the forum library for this.
The documents you require are the agreement and the notice of assignment"

Would it still be okay to do this, as my deadline for responding to the defence of the claim of alleged debt, is next Monday (17/08/15)?




1. When was this phone account last used and any payment made?


To the best of my knowledge the phone account was last used in the Summer of 2013, but because of health issues I suffer from memory problems. The last payment made would have been around May 2013, but I cannot be sure?


2. There is no agreement regulated by the Consumer Credit Act 1974 for phone service accounts and the Deed of Assignment was very unlikely to have been supplied as it is considered confidential commercially sensitive information as it is the contract between the creditor and the debt purchaser.

Does the first request still apply, i.e. the CPR, to Bryan Carter?


3. Are you know considered to be a " vulnerable" person because of your mental health issues?


I am in receipt of the highest care component of Personal Independence Payment, and because of my mental health issues I require assistance and help with my financial stuff. But, also I have other debts too, but have been unable to deal with them for nearly 12 months now as I am live my own, with my teenage daughter, and am on the waiting list for someone from the jointly run council & local mental health housing charity, who will be able to come and help me with such things as money matters, debts, housing issues, etc. And will also help with phone calls, letters, etc, too. So the short answer to your question is that ‘yes’ I am classed as a vulnerable person in this respect. I have also been classed as ‘severely mentally impaired’ for my council tax exemption, by my GP.


4. I certainly agree that you should not give in and pay the alleged debt without knowing how it's made up.


5. A defence can be built around the fact that you have no knowledge of the amount claimed.


I am immensely grateful for the advice posted, and for the offer of writing to someone senior. This matter is only exacerbating my mental health issues, and is making me ill. I look forward to your reply.

Many thanks,
Tom

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Many thanks Nem for your reply, it is greatly appreciated. Please bear with me though as I am still getting used to this forum, and hopefully I am replying in the right fashion. I also find it difficult coping with new changes, etc.

I have copied most of your questions to make it easier for reference, as follows:


"You need to send Carter a Request for the agreement mentioned in the claim, this is made under Civil Procedure Rule 31.14 (CPR31.14) no fee payable get this done asap ,there is a template in the forum library for this.
The documents you require are the agreement and the notice of assignment"

Would it still be okay to do this, as my deadline for responding to the defence of the claim of alleged debt, is next Monday (17/08/15)?

******Yes send asap. ******




1. When was this phone account last used and any payment made?


To the best of my knowledge the phone account was last used in the Summer of 2013, but because of health issues I suffer from memory problems. The last payment made would have been around May 2013, but I cannot be sure?
**** OK ****


2. There is no agreement regulated by the Consumer Credit Act 1974 for phone service accounts and the Deed of Assignment was very unlikely to have been supplied as it is considered confidential commercially sensitive information as it is the contract between the creditor and the debt purchaser.

Does the first request still apply, i.e. the CPR, to Bryan Carter? ****** No the CPR 31.14 is specifically for documents mention in the POC regulated or not.*****************


3. Are you know considered to be a " vulnerable" person because of your mental health issues?


I am in receipt of the highest care component of Personal Independence Payment, and because of my mental health issues I require assistance and help with my financial stuff. But, also I have other debts too, but have been unable to deal with them for nearly 12 months now as I am live my own, with my teenage daughter, and am on the waiting list for someone from the jointly run council & local mental health housing charity, who will be able to come and help me with such things as money matters, debts, housing issues, etc. And will also help with phone calls, letters, etc, too. So the short answer to your question is that ‘yes’ I am classed as a vulnerable person in this respect. I have also been classed as ‘severely mentally impaired’ for my council tax exemption, by my GP.

******* the claimant must be made aware of your health problems and inability to cope with or manage financial matters yourself, they should note this and back off. Are you totally dependant on benefits for income?*********


4. I certainly agree that you should not give in and pay the alleged debt without knowing how it's made up.


5. A defence can be built around the fact that you have no knowledge of the amount claimed.


I am immensely grateful for the advice posted, and for the offer of writing to someone senior. This matter is only exacerbating my mental health issues, and is making me ill. I look forward to your reply.

Many thanks,
Tom

Good morning Tom,

I've answered the questions above for you.

I will certainly draft a letter if you wish which can be sent to the claimant and sent with your defence.
Just let me know asap.

nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Originally Posted by Snoop1Tommy
Many thanks Nem for your reply, it is greatly appreciated. Please bear with me though as I am still getting used to this forum, and hopefully I am replying in the right fashion. I also find it difficult coping with new changes, etc.

I have copied most of your questions to make it easier for reference, as follows:


"You need to send Carter a Request for the agreement mentioned in the claim, this is made under Civil Procedure Rule 31.14 (CPR31.14) no fee payable get this done asap ,there is a template in the forum library for this.
The documents you require are the agreement and the notice of assignment"

Would it still be okay to do this, as my deadline for responding to the defence of the claim of alleged debt, is next Monday (17/08/15)?

******Yes send asap. ******

Many thanks, will send this today, and will try to catch the last post.


3. Are you know considered to be a " vulnerable" person because of your mental health issues?


I am in receipt of the highest care component of Personal Independence Payment, and because of my mental health issues I require assistance and help with my financial stuff. But, also I have other debts too, but have been unable to deal with them for nearly 12 months now as I am live my own, with my teenage daughter, and am on the waiting list for someone from the jointly run council & local mental health housing charity, who will be able to come and help me with such things as money matters, debts, housing issues, etc. And will also help with phone calls, letters, etc, too. So the short answer to your question is that ‘yes’ I am classed as a vulnerable person in this respect. I have also been classed as ‘severely mentally impaired’ for my council tax exemption, by my GP.

******* the claimant must be made aware of your health problems and inability to cope with or manage financial matters yourself, they should note this and back off. Are you totally dependant on benefits for income?*********

Yes I can confirm that I am solely and totally dependent on benefits for income.


I am immensely grateful for your assistance and help, and would be truly grateful if you could draft a letter with regard to my Mental Health illnesses, that I could send with my defence to the Court. I look forward to your reply.

Many thanks,
Tom

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi there,

I forgot to ask, I notice that I also have the option of returning the Court Claim form using the moneyclaim.gov.uk website. This may sound like a stupid question, but does the website operate over the weekend? It's just in case I miss the last post later today (Saturday) as it goes at midday, and I could then return the Court Claim form electronically. I'm not feeling too well at the moment, so I've had to make an earlier start on writing my defence on the form. I think that I've covered everything I need to, so hopefully I'll be well enough to catch the post later today. :-/. Quite anxious though, knowing that the deadline is looming on the 17/08/15.

Tom

[FlamingParrot]

Re: Court Claim - Lowell / Orange - 15-7-2015

I forgot to ask, I notice that I also have the option of returning the Court Claim form using the moneyclaim.gov.uk website. This may sound like a stupid question, but does the website operate over the weekend?

You should be able to submit your defence online using the same p/w you used to acknowledge the claim. :typing:

The site should be working over the weekend although not the helpdesk, however, if you have any problems logging in, your defence can also be sent by email to ccbcdefendants@hmcts.gsi.gov.uk The email subject heading should be Claim No. XXXXXXX - Lowell - v - Your Name - DEFENCE :thumb:

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Yes file online and post a copy too for safety.
Given the current backlog in claims processing it's unlikely the paper copy ill be opened on Monday.

nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Many thanks for your reply. I apologise for how late I am in responding as I am recovering from a viral infection, so I've been laid up for most of the weekend. I am most grateful for the info you provided, but despite feeling under the weather I managed to post off my Court Claim / Defence in time for the last postal collection on Saturday. I sent it by Special Delivery (Next Working Day), so it will get there today (Monday 17/08/15). I realise this was costly, but in the circumstances I was left with little option. :-).

Now I await the outcome which, for someone like me with severe anxiety, isn't going to be an easy wait. :-/.

Again, many thanks for your help it is much appreciated.

Tom

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

P.s. I also managed to write a brief personal account of my mental health conditions, and the detrimental effect they have upon me on a day-to-day basis. I also added that because of my mental health I am unable to manage my financial & debt matters, and that having being diagnosed with long-term mental health illnesses my GP & Local Authority class me as 'Severely Mentally Impaired' in this respect, and I am as such a 'vulnerable adult'. To to this end I stated that if they required 'evidence' then I could obtain a GP letter corroborating what I mentioned.

I put all this in letter format, padded it out a but more, but didn't know any of the relevant areas of 'Law' to quote (if any), so I didn't include anything about it. I attached a letter to the Court Claim Form. And I posted a copy to Bryan Carter Solicitors LLP. I hope I have done the right thing?

I would be grateful for your reply 'Nemesis'. Also, what happens next after this, i.e. after the Court Claim form has been returned?

Kind Regards,

Tom

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

P.s. I also managed to write a brief personal account of my mental health conditions, and the detrimental effect they have upon me on a day-to-day basis. I also added that because of my mental health I am unable to manage my financial & debt matters, and that having being diagnosed with long-term mental health illnesses my GP & Local Authority class me as 'Severely Mentally Impaired' in this respect, and I am as such a 'vulnerable adult'. To to this end I stated that if they required 'evidence' then I could obtain a GP letter corroborating what I mentioned.

I put all this in letter format, padded it out a but more, but didn't know any of the relevant areas of 'Law' to quote (if any), so I didn't include anything about it. I attached a letter to the Court Claim Form. And I posted a copy to Bryan Carter Solicitors LLP. I hope I have done the right thing?

I would be grateful for your reply 'Nemesis'. Also, what happens next after this, i.e. after the Court Claim form has been returned?

Kind Regards,

Tom

Good morning Tom,

There is no need to quote any law/regulation regarding your state of health, creditors should give all due consideration to a debtors vulnerability and capability of dealing with debt/finance problems.

You didn't need t send a copy to Carter but it can do no harm.

The court will send a copy of the defence to Carter and then Carter has 28 days to respond to the defence you will be notified that this has been done, however id Carter does not respond in time the court will stay the claim, you will not be informed of this, you will need to check with the court if you do not hear from the court or Carter before the 28 day period expires.

nem

[Snoop1Tommy]

Re: Court Claim - Lowell / Orange - 15-7-2015

Good morning Tom,

There is no need to quote any law/regulation regarding your state of health, creditors should give all due consideration to a debtors vulnerability and capability of dealing with debt/finance problems.

You didn't need t send a copy to Carter but it can do no harm.

The court will send a copy of the defence to Carter and then Carter has 28 days to respond to the defence you will be notified that this has been done, however id Carter does not respond in time the court will stay the claim, you will not be informed of this, you will need to check with the court if you do not hear from the court or Carter before the 28 day period expires.

nem

Hi Nem,

Sorry for the late reply, as I've been having problems with my laptop so I'm having to use my daughter's iPad at the moment. Firstly, many thanks for the reassurance about the letter I sent to both the Court & Bryan Carter Solicitors LLP, regarding the state of my health. I just hope now that it gives them a far clearer picture of how much I struggle to cope from day-to-day.

Also, I appreciate the information too about what happens next after my defence has been submitted. It's been a stressful enough experience as it is, so it gives me some peace of mind to know what the timeline is for the Court Claim process. At this present time all I can hope for is a 'positive' outcome, relatively speaking, as it is not a good time in my life right now and this Court action from Lowells was the very last thing I needed. :-/

I am most grateful for your advice and help with this, as without it I would have been well and truly clueless as to what to do. I also extend similar gratitude to the other contributors who have helped me too. I will of course keep you posted and up to date of any developments.

Kind Regards,

Tom

[nemesis45]

Re: Court Claim - Lowell / Orange - 15-7-2015

Hi Nem,

Sorry for the late reply, as I've been having problems with my laptop so I'm having to use my daughter's iPad at the moment. Firstly, many thanks for the reassurance about the letter I sent to both the Court & Bryan Carter Solicitors LLP, regarding the state of my health. I just hope now that it gives them a far clearer picture of how much I struggle to cope from day-to-day.

Also, I appreciate the information too about what happens next after my defence has been submitted. It's been a stressful enough experience as it is, so it gives me some peace of mind to know what the timeline is for the Court Claim process. At this present time all I can hope for is a 'positive' outcome, relatively speaking, as it is not a good time in my life right now and this Court action from Lowells was the very last thing I needed. :-/

I am most grateful for your advice and help with this, as without it I would have been well and truly clueless as to what to do. I also extend similar gratitude to the other contributors who have helped me too. I will of course keep you posted and up to date of any developments.

Kind Regards,

Tom

Good morning Tom,

Always happy to help!!
There will always be advice on any stage of court process here when ever needed.
Your thanks are very much appreciated.

nem

- - - Updated - - -

Hi Nem,

Sorry for the late reply, as I've been having problems with my laptop so I'm having to use my daughter's iPad at the moment. Firstly, many thanks for the reassurance about the letter I sent to both the Court & Bryan Carter Solicitors LLP, regarding the state of my health. I just hope now that it gives them a far clearer picture of how much I struggle to cope from day-to-day.

Also, I appreciate the information too about what happens next after my defence has been submitted. It's been a stressful enough experience as it is, so it gives me some peace of mind to know what the timeline is for the Court Claim process. At this present time all I can hope for is a 'positive' outcome, relatively speaking, as it is not a good time in my life right now and this Court action from Lowells was the very last thing I needed. :-/

I am most grateful for your advice and help with this, as without it I would have been well and truly clueless as to what to do. I also extend similar gratitude to the other contributors who have helped me too. I will of course keep you posted and up to date of any developments.

Kind Regards,

Tom

Good morning Tom,

Always happy to help!!
There will always be advice on any stage of court process here when ever needed.
Your thanks are very much appreciated.

nem