Court Claim - lowell / orange - 29-10-2015

[nemesis45]

Re: Court Claim - lowell / orange - 29-10-2015

Hi nem,i've now done that,saved passwords.What now? Just wait?

Yep now it's time to think on the defence, 33 days from the date of issue of the claim, we need
to see the full Particulars of the Claim either scan and post here or type in verbatim
without any personal identifiers then we can see what approach is needed.

nem

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015



Heres the form I received

- - - Updated - - -

Amended. Yes the phone was broken and with 3 months left in the contract, they were adamant that I had to pay for a phone that they wouldnt repair or replace

[nemesis45]

Re: Court Claim - lowell / orange - 29-10-2015

Ok Please edit out the claim number on the N1.
So we have a broken phone and an uncooperative Orange which
would not either end the contract or repair / change the phone correct?

nem

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

I fixed the post above, thank you. but yes, the phone was completely unfunctional, they didnt offer to replace or repair, even for a fee

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

I have received a second letter stating that I have 7 days to pay the £237.69 or they will send bailiffs to my house, what can I do?

[Amethyst]

Re: Court Claim - lowell / orange - 29-10-2015

You acknowledged the claim when you logged into Moneyclaim online and ticked intend to defend in full didn't you - from reading back it sounds like you did and that MCOL might have been playing silly burgers. Give the court a call, as it sounds like they have obtained a default judgment against you, which, as it is only just coming up to the date your defence is due, would have to be from not acknowledging the claim.

[nemesis45]

Re: Court Claim - lowell / orange - 29-10-2015

I have received a second letter stating that I have 7 days to pay the £237.69 or they will send bailiffs to my house, what can I do?

Panda can we see the letter please?

nem

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

Sure, Here you go

[nemesis45]

Re: Court Claim - lowell / orange - 29-10-2015

Hi that's a very misleading letter, they do not yet have judgement!

Did you acknowledge the service of the claim?
Did you state intention to defend the claim? Bump for [MENTION=6]Amethyst[/MENTION] as I'm just
going out for the evening.

nem

[Amethyst]

Re: Court Claim - lowell / orange - 29-10-2015

ffs. That is slightly out of order. Cohen Cramer have history with debt collection http://www.sra.org.uk/consumers/soli...499994.article

That needs replying to. They cannot be instructed to enter judgment against you as you have not missed your defence date ( although from reading back can you please check that your acknowledgment of service did go through correctly - you should still be able to log in on Moneyclaim online and it should give you a defence date - which should be between now and 1st December ) Let us know if that is all okay and we can respond to Cohen Cramer about their rather presumptuous letter.

Then you need to get your defence sorted out. So let's have a look at that.

[Amethyst]

Re: Court Claim - lowell / orange - 29-10-2015

ok, assuming all is okay with your acknowledgment of service, I've had a look back through your thread and it doesn't seem you have a huge defence, although you haven't been given any evidence of the debt and you did have a dispute on the contract with the breaking down of your phone.

Options wise -

You could defend on the basis that you don't have information, the account was in dispute and you haven't had any further contact with Orange since that dispute back in 2010. You require copies of the agreement and terms and details of how the amount being claimed has been calculated and hope they can't be bothered to get hold of the details from Orange and just discontinue.

Or

you just enter an admission and offer to pay with your income and expenditure sheets - which would likely result in a CCJ with an installment order for something like £1 a week.

Or

you could negotiate directly with the claimant to pay it off - which would avoid the CCJ and damage to your credit file - which really depends how important that is and how burgered your credit file is already.


They don't know anything about you so the bailiff and attachment of earnings are simply empty threats aimed at scaring you into just paying up.

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

turns out the button saying acknowledgement of service is still there, so im going to assume it didnt go through, can I still do it or is it too late?

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

I cannot get back into my money claim so i can not check,i cannot keep worrying about mum and all this as well so i emailed them [MENTION=19462]lucas[/MENTION]credit explaining how i would like to see how they got to this amount from a contract from 2010 that had 2months left for a broken phone,they got back to me saying as it's going to court i have to fill in the claim form and send it to the court,so i've done that today saying i'm on 30 a week,explain the amount,if they want to bully me for that amount i can only afford 4.00 a month,do you think this is ok,i just want it all over with,i cannot have balliffs coming to my mum.What happens now with this,does the judge read my side of the story?. thanks for being here for me.

[pandapowley]

Re: Court Claim - lowell / orange - 29-10-2015

[QUOTE=pandapowley;596926]I cannot get back into my money claim today to try acknowlege, I cannot keep worrying about mum and all this as well so i emailed them @lucascredit explaining how i would like to see how they got to this amount from a contract from 2010 that had 2months left for a broken phone,they got back to me saying as it's going to court i have to fill in the claim form and send it to the court,so i've done that today saying i'm on 30 a week,explain the amount,if they want to bully me for that amount i can only afford 4.00 a month,do you think this is ok,i just want it all over with,i cannot have balliffs coming to my mum.What happens now with this,does the judge read my side of the story?. How do i get to find out the outcome? thanks