Lowell Small Claims Court over old orange contract

[JAJ1986]

Hi there I am brand new to this forum so I'm looking for advice in regards to a matter that I have currently ongoing. Back in 2012 after I had gone overseas for a funeral, by my own admission I had forgotten to turn off the data on my phone so this at the time ran the bill I had with orange up to nearly £700 at the time. At first orange were willing to comprise and set up an agreement to get my phone back up but after telling me that I would need to pay nearly £500 just to get my phone back on, I refused as I couldn't afford that at the time and it made no financial sense so me an orange eventually parted ways and I never heard from them for the rest of 2012 apart from the disconnection letter. Then from 2013 to about the beginning of this year I received around 7/8 letter in total from what I can count that were in relation to this matter but from different debt companies such as BDO Collections and eventually on to Lowell.

From around June this year though, Lowell have been trying to get this matter to court pursuing me for the debt. They sent me a letter from Bryan Carter Solicitors saying they were looking to go to court over the matter and I replied back saying that because I have never had a debt with Lowell that they should not be pursuing me for this debt. Since then I got a letter from the Small Court Claim and Northampton Crown Court. I replied back to both letter saying I have never had a debt with Lowell directly and that I should not be going to court over a debt I am unaware of. Lowell have even gone to the lenghts of putting a default on my Credit Report (See Below), even though I have a default with Orange so it looks as if they are trying to give me a default on the same debt, which Im sure they cannot do.

Other accountsLENDER
BALANCE
UPDATED
STATUS






Orange Brought To You By Ee

£ 952

13/07/2015
Default








Nwb Current Accounts

£ 0

05/07/2015
Up to date








Shop Direct Finance Company LTD

£ 1,395

01/07/2015
Up to date








O2 Uk Limited

£ 0

01/07/2015
Up to date








Lowell

£ 1,403

21/06/2015
Default










Now I have received a letter this week saying that I have a hearing on the 8th October at County Court at Birmingham Civil Justice Centre, The Priory Courts. I am here for some advice in terms of what to do. I have been looking on numurous forums such as these and it seems what Lowell are doing is illegal in terms of trying to enforce a debt with people when the debt is not with them directly. Is there any good advice that you can give me in terms of going forward. Ideally I dont want to pay Lowell at all and think they are pretty much con artists when it comes to this. I have been told about mediation as well. Also will they be able to apply for an AOE from me if this goes all the way. I only thought that would apply in Child support cases and cases with a bank etc.

I look forward to hearing your responses.
Kind Regards in Advance.

[nemesis45]

Re: Lowell Small Claims Court over old orange contract

Hi there I am brand new to this forum so I'm looking for advice in regards to a matter that I have currently ongoing. Back in 2012 after I had gone overseas for a funeral, by my own admission I had forgotten to turn off the data on my phone so this at the time ran the bill I had with orange up to nearly £700 at the time. At first orange were willing to comprise and set up an agreement to get my phone back up but after telling me that I would need to pay nearly £500 just to get my phone back on, I refused as I couldn't afford that at the time and it made no financial sense so me an orange eventually parted ways and I never heard from them for the rest of 2012 apart from the disconnection letter. Then from 2013 to about the beginning of this year I received around 7/8 letter in total from what I can count that were in relation to this matter but from different debt companies such as BDO Collections and eventually on to Lowell.

From around June this year though, Lowell have been trying to get this matter to court pursuing me for the debt. They sent me a letter from Bryan Carter Solicitors saying they were looking to go to court over the matter and I replied back saying that because I have never had a debt with Lowell that they should not be pursuing me for this debt. Since then I got a letter from the Small Court Claim and Northampton Crown Court. I replied back to both letter saying I have never had a debt with Lowell directly and that I should not be going to court over a debt I am unaware of. Lowell have even gone to the lenghts of putting a default on my Credit Report (See Below), even though I have a default with Orange so it looks as if they are trying to give me a default on the same debt, which Im sure they cannot do.

Other accountsLENDER
BALANCE
UPDATED
STATUS






Orange Brought To You By Ee

£ 952

13/07/2015
Default








Nwb Current Accounts

£ 0

05/07/2015
Up to date








Shop Direct Finance Company LTD

£ 1,395

01/07/2015
Up to date








O2 Uk Limited

£ 0

01/07/2015
Up to date








Lowell

£ 1,403

21/06/2015
Default










Now I have received a letter this week saying that I have a hearing on the 8th October at County Court at Birmingham Civil Justice Centre, The Priory Courts. I am here for some advice in terms of what to do. I have been looking on numurous forums such as these and it seems what Lowell are doing is illegal in terms of trying to enforce a debt with people when the debt is not with them directly. Is there any good advice that you can give me in terms of going forward. Ideally I dont want to pay Lowell at all and think they are pretty much con artists when it comes to this. I have been told about mediation as well. Also will they be able to apply for an AOE from me if this goes all the way. I only thought that would apply in Child support cases and cases with a bank etc.

I look forward to hearing your responses.
Kind Regards in Advance.

Hi welcome.

There can only be one default for ay debt, Lowell would have just updated the credit file on the date shown after buying the debt form the original creditor all this is normal lawful process. as Lowell is now the beneficial owner of the debt.

The default date must be the date Orange recorded the default on credit file if Lowell has change it then this is easily challenged.

AOE can be applied for on any money judgement if the defendant fails to meet the judgement order.
Claiming not to have a debt to Lowell is I'm afraid meaningless
When did your receive the claim pack From Northampton CCBC?
Have acknowledged service of the claim?

nem

[JAJ1986]

Re: Lowell Small Claims Court over old orange contract

I think I got it around June times from Northampton CCBC and sent it back disputing the claim. So how would they be able to find out about my financial details regarding AOE. Surely I can stop my bank from allowing them to take any funds from my account. What would happen if I refused to pay this? Is there a way I can go back to orange and look to settle the debt with them as Lowell have added on around £500 extra from the original bill.

[Kati]

Re: Lowell Small Claims Court over old orange contract

AoE wouldn't come out of your bank, it'd be applied 'at source' (deducted from your wages before you get them)

can you post up any letters you've received regarding this (personal details removed)? or email them to me (kati@legalbeagles.info) and I'll put them up xx

[JAJ1986]

Re: Lowell Small Claims Court over old orange contract

So how would they go about that then assuming they knew where I work. Seems a bit extreme and sad to go to those lengths for a mobile phone bill. I would have thought that this would apply to Child Support mainly not something petty like this

[nemesis45]

Re: Lowell Small Claims Court over old orange contract

So how would they go about that then assuming they knew where I work. Seems a bit extreme and sad to go to those lengths for a mobile phone bill. I would have thought that this would apply to Child Support mainly not something petty like this

Points to consider:

You cannot refuse to disclose your employment details.
The employer will be sent the order to deduct a sum from
your earnings (after tax) and the ground for refusing to
comply are extremely limited.
This a common method of securing payment of debts were
other methods have proved ineffective, the sum involved
is not really relevant.

nem

[JAJ1986]

Re: Lowell Small Claims Court over old orange contract

Im sure I have read in the letter that was sent and other places that I dont need to disclose my place of employment to them
. Are you sure about that?

[nemesis45]

Re: Lowell Small Claims Court over old orange contract

Im sure I have read in the letter that was sent and other places that I dont need to disclose my place of employment to them
. Are you sure about that?

Yes!! Contempt of Court.

[JAJ1986]

Re: Lowell Small Claims Court over old orange contract

Ok I will double check that. Regards to this, is there any viable solution that can be sorted here without having to go to court. Can I set up an agreement directly with orange again as Lowell have added on an extra £500 in charges etc which I refuse to pay.