claim form county court business centre

[clickon22]

hi,
i have just joined this site hoping to gain some help regarding a claim form from the county court business centre .the claimant is lowell portfolio and has been issued by their solicitors.lowell have been hounding me with constant phone calls and txt messages saying i owe them over two grand [original orange contract from 2013].i intend to put forward some kind of defence regarding this matter,they have not sent me any kind of proof that this is the correct balance and i do not have the original contract from orange.ii dont know which form to send back to the courts.lowells say i have defaulted but i have never had a payment agreement with them,they have just turned up out of the blue saying i owe them money.i agree i must owe orange some amount but how much i genuinely dont know.any help would be gratefully received

ps the issue date is the 17th march

[ostell]

Re: claim form county court business centre

First thing to do is acknowledge the claim using Money claim online.

[nemesis45]

Re: claim form county court business centre

Good morning,

When a debt is sold the purchaser (Lowell) inherits the rights benefits and obligations of the original contract, in this case a mobile phone account you have a " service " contract which is not regulated by the Consumer Credit Act 1974.'

As Ostell has said acknowledge service of the claim online asap.

State intention to defend but Do Not enter and defence at this point.

As to the " default" it is not a payment plan with Lowell which has been defaulted it is the original contractually required payments of the Orange account that have been defaulted.

Why did payments to Orange stop?

What sort of defence are you considering?

nem

[clickon22]

Re: claim form county court business centre

Good morning,

When a debt is sold the purchaser (Lowell) inherits the rights benefits and obligations of the original contract, in this case a mobile phone account you have a " service " contract which is not regulated by the Consumer Credit Act 1974.'

As Ostell has said acknowledge service of the claim online asap.

State intention to defend but Do Not enter and defence at this point.

As to the " default" it is not a payment plan with Lowell which has been defaulted it is the original contractually required payments of the Orange account that have been defaulted.

Why did payments to Orange stop?

What sort of defence are you considering?

nem

thanks for your replies,to be honest im not sure if i owed that much as i have no final bills from orange.i would like to see some sort of breakdown and how much orange charged me to end the contracts.i stopped payments because i lost my job if i remember correctly orange were not very helpful at the time.i refused to talk to lowells because of the daily barrage of calls and txt i was receiving.i have kept my credit score in decent shape this past three years and could do without this court action.if i owe this amount then i will pay it.

[nemesis45]

Re: claim form county court business centre

thanks for your replies,to be honest im not sure if i owed that much as i have no final bills from orange.i would like to see some sort of breakdown and how much orange charged me to end the contracts.i stopped payments because i lost my job if i remember correctly orange were not very helpful at the time.i refused to talk to lowells because of the daily barrage of calls and txt i was receiving.i have kept my credit score in decent shape this past three years and could do without this court action.if i owe this amount then i will pay it.

Claim Acknowledged?

You need to send a request under the provisions of Civil Procedure Rule 31 . 14 to the solicitors this is for all the documents specified in the particulars of the claim only.
Send it by signed for post. See Green Short Cuts Box for a template.

You could also send Lowell a " prove it" letter requiring them to state how the amount claimed has been calculated £2K+ is an awful lot for a phone account imo.

nem

[clickon22]

Re: claim form county court business centre

thanks,i have done the acknowledgment of service .i cant find the template for provisions of civil procedure.

[clickon22]

Re: claim form county court business centre

Claim Acknowledged?

You need to send a request under the provisions of Civil Procedure Rule 31 . 14 to the solicitors this is for all the documents specified in the particulars of the claim only.
Send it by signed for post. See Green Short Cuts Box for a template.

You could also send Lowell a " prove it" letter requiring them to state how the amount claimed has been calculated £2K+ is an awful lot for a phone account imo.

nem

thanks i have done the acknowledgement and found the template.do i send this to lowells solicitors.i havent reveived a receipt from the courts yet as it was after 4pm.

[clickon22]

Re: claim form county court business centre

thanks i have done the acknowledgement and found the template.do i send this to lowells solicitors.i havent reveived a receipt from the courts yet as it was after 4pm.

hi,do i send copies to lowells and their solicitors and enclose a pound to each

thanks

[MIKE770]

Re: claim form county court business centre

CPR 31.14 no cost to solicitors " signed for

prove it" letter to lowells no cost signed for

[clickon22]

Re: claim form county court business centre

CPR 31.14 no cost to solicitors " signed for

prove it" letter to lowells no cost signed for

thank you,when you say prove it letter how do i word it,sorry if i sound thick i just want to get it right

[MIKE770]

Re: claim form county court business centre

Prove it" letter requiring them to state how the amount claimed has been calculated £2K+ as Nems states a hell of a lot for phone account!

[clickon22]

Re: claim form county court business centre

Prove it" letter requiring them to state how the amount claimed has been calculated £2K+ as Nems states a hell of a lot for phone account!

thanks i will send off and keep you updated

[clickon22]

Re: claim form county court business centre

hi thanks for all your help.the issue date was the 17th march my acknowledgement was received today ,what date to i put in my cpr for filing my defence