**DISCONTINUED**Court Claim - Lowell / Orange - 2-9-2015

[Cooldog]

Received a claim? Yes
Issue Date: 2-9-2015
Amount approx: 281.98
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Orange

Particulars of Claim:
This claim is for 191.65 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 Portfollio Ltd on 29/08/2014 and notice served on the pursuant to the laws of property act 1925.
Particulars
Re:Orange
A/c
And the claimant claims 191.65
The claimant also claims statutory interest pursuant to 5.69 of the County Act 1884 at a rate of 8 5%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 assignment to 15.33

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have submitted a simple defence. No idea what this relates to as I have never had a mobile phone contract with anyone

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

This is one of two claims received from Lowell/BC in the last few weeks, I will start a separate thread for the other one. My defence is below submitted on 2nd October:

1. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.
2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.
5. The amount claimed will likely to include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.
6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Have had standard response from BC saying they are going to pursue and to ring them which I will not do.

Problem is from 2010-2013, I had serious mental health and physical health problems (which I still have but trying to cope). I was also subjected to a number of fraudulent transactions during this period which I hoped that my bank had dealt with. However, I know that I have never had a mobile phone contract (which this is implying) as I have only ever had PAYG phones. I suspect this may be a fraud

My question is do I also write to Lowell and outline that I know nothing of this and my vulnerable state then and now or do nothing and see what they come back with? They have not given me any info on this - what it is, dates etc

[Amethyst]

Re: Court Claim - Lowell / Orange - 2-9-2015

You have never held a mobile phone contract ? Have you had any dealings with Orange at all ?

However, I know that I have never had a mobile phone contract (which this is implying) as I have only ever had PAYG phones. I suspect this may be a fraud

If that is the case I'm not sure why you are neither admitting nor denying - I think I would have put that I deny and say I have never had any dealings with orange or held a mobile phone contract.
Have you checked your credit file to see if you can find out more information? Maybe speaking with Orange would be an idea?

You've sent a CPR request to Bryan Carter - did you mention in that letter at all that you have never held a phone contract?

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

Hi Thanks

I have not sent a CPR request for this. I have had no dealings with Orange and never attempted to apply for a mobile phone contract and too late now to amend my defence

[Amethyst]

Re: Court Claim - Lowell / Orange - 2-9-2015

I don't know why you didn't include that in your defence?

Anyway, obviously there isn't going to be any paperwork. They still need to evidence their claim. So it should still be okay, just over complicated.

Have you had the directions/allocation questionnaire from court yet ? or just the letter from BC ?

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

Sorry consulted the wrong website, I have no idea where this has come from. Just received standard letter headed BC solicitors

Many Thanks

[Amethyst]

Re: Court Claim - Lowell / Orange - 2-9-2015

Okay, no worries - sometimes things get more complicated than necessary.

Did you write to the claimants at all before submitting your defence?

The letter you have from BC will be a standard letter saying they received your defence and will continue the claim, offering you chance to settle - if they do actually proceed (as it's unlikely they will have the documents they may decide against it) - you should receive a N180 form from the court soon to move the case to your local court. You can write back to BC in the meantime to turn down their offer of settling and withdrawing your defence (if that is what they asked) and repeat to them that you have not been given any evidence of the debt, that you have never had any dealings with orange and in fact, have never had a mobile phone contract.

If you want to scan in (remove personal details!) or type out the letter then we can help with a reply.

xx

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

Update on this.

I wrote to BC as advised and told them that I had no record of any contract with Orange etc and requested that they send me more information on this. They have not replied

I also received a DQ which I returned. I received a call from the Mediation Service and the guy was very nice. He said straight away that he noticed that the claim was from Lowell and 'did I have enough paperwork from them' so I told him what had happened. He said that Mediation was not appropriate as I could not answer the question:

'I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment'

He gave me a week to see if anything was received - it was not. The case on MCOL now shows as being referred to local court.

Is there anything I can do or do I just wait to see what BC send next?

Thanks

[nemesis45]

Re: Court Claim - Lowell / Orange - 2-9-2015

Update on this.

I wrote to BC as advised and told them that I had no record of any contract with Orange etc and requested that they send me more information on this. They have not replied

I also received a DQ which I returned. I received a call from the Mediation Service and the guy was very nice. He said straight away that he noticed that the claim was from Lowell and 'did I have enough paperwork from them' so I told him what had happened. He said that Mediation was not appropriate as I could not answer the question:

'I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment'

He gave me a week to see if anything was received - it was not. The case on MCOL now shows as being referred to local court.

Is there anything I can do or do I just wait to see what BC send next?

Thanks

Hello cooldog,

Carter will play this to the wire as usual.
DQ has been submitted and the claim is allocated.
Defence filed.
Next job witness statement, this stage put's the wind up Carter.
Here it's going to be straight forward I think:

You are not know nor ever have been a contract customer of O2.
Lowell has not provided any proof that any such account was opened
and used by you at anytime.
Carter/Lowell have failed to provide anything substantiate the claim.

nem

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

Thank you nem

It is Orange but get the drift!

I will just wait and see what they come up with but it is all very stressful

C

[nemesis45]

Re: Court Claim - Lowell / Orange - 2-9-2015

Thank you nem

It is Orange but get the drift!

I will just wait and see what they come up with but it is all very stressful

C

Sorry trying to do too many things, with the help of year old great grandson!
There is no need ( difficult I know) to let Carter / Lowlife get to you, Carter
is still up to he's antics pushing crap up a hill with his nose.!!

nem

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

Thank you :tinysmile_grin_t:

[nemesis45]

Re: Court Claim - Lowell / Orange - 2-9-2015

Thank you :tinysmile_grin_t:

Good morning,
Have you started another thread for the other debt?

nem

[Cooldog]

Re: Court Claim - Lowell / Orange - 2-9-2015

No - I haven't as yet

[nemesis45]

Re: Court Claim - Lowell / Orange - 2-9-2015

No - I haven't as yet

Ok I'll look out for it.

nem