Hi and thanks for the acceptance having the Lowel sharks taking me to court :(

[tupelohoney]

Hi i found your site when clicking on the close connection between these 'specialist debt purchasers' regarding a debt from 2011 which has a nil balance and have in writing from Orange as agreed with them, dated 2013, yet 6 months later some jobsworth from orange decided to re-instate the debt and sell to lowell..aka all the other threatening and nasty letters from them, re; court, bad credit scoring and the likes...i was in dire unforeseen personal circumstances etc and was bombarded with these letters...when i phoned Lowel to provide me their demand they could only send the newly adjusted balance which was a few hundred short of the now county court demand yet said i still owe the whole lot anyway...ive spend way to much time on this for 10 months including my 38 year old Niece dying of breast cancer ...the judge has given me time to file a defence and seek CAB advice which i did yesterday taking 4 hours with travel....what im asking is that with this awful stress and threats including the time im going to have to spend getting their credit scoring removed, and time spent in general should i write something in my defence that i want some compensation for their wrong doing?...i even sent them a copy of my passport(Loweell) and the nil balance copy recorded delivery to prove my person now im worried that such a shady firm has my details and mug shot.

I imagine that this bad credit also attributed to my daughter being unable to obtain a student overdraft from HSBC for her Masters because of this address and obviously funding her extra at my cost. Its a nightmare and i have to have my defence in by tomorrow....i dont really understand counter claim but wondered if such is appropriate or at least asking for compensation....cheers

[Amethyst]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Hi there, Could you tell us the date of issue of the claim and whether you acknowledged the claim (and if so when). Also if you could possibly type out the Particulars of Claim that would be useful. Then we can see where we're at and what you need to get done.
and WELCOME TO BEAGLES :beagle:
Sharon
xx

[tupelohoney]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Hi thanx, well ive been to CAB for advice as the judge advised me to but nothing mentioned in the way of counter claim...basically because ive been a loyal customer since they were established in 1994 they agreed to write off my bill which i have in writing January 2013..the claim and debt sold on letter dating juy 11th from Orange and Lowel...when i phoned to top up my PAYGO i June the over zealous sales person not only tried to force me to take new contract sims (which he sent and i had to cancel upon arrival) he thought he had found an old debt, so i assume he adjusted the account as it was 6 months after i received the same detailed account but with a new balance...its whether i can counter claim in this defence im writing or ask for some compensation regarding my time, stress etc and if yes do i state a figure or just ask and leave it to the Judge?,,,thanx

[Amethyst]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

What advice did CAB actually give you ?

We do need to know exactly what the position is and what you have done to date, what was the hearing for ?

[tupelohoney]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Sorry i did not see your reply. I had my jugement set aside and allowed to file a proper defence which i have...basically if i had a zero balance which i have in writing on my statement, how can 6 months later a new statement be typed up and sold on to these harassing, intimidating company thats laced with alias departments demand money thats already been cleared. Furthermore, 239.64 of it is unaccountable for as they have said they cannot provide a breakdown for it. Because of the grief its caused me i have decided to counterclaim if possible..its just to long and detailed to explain now but i wondered the criteria for CC and if the stress and time wasting caused when had already told them the balance was zero they continued to heavy duty bombard me with threatening letters. I have disputed that i owe nothing n the defence.

[Amethyst]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Right, so you have a court claim from Lowell for what was an ORANGE mobile phone debt which you completely dispute exists.

They got judgment in default which you have successfully set aside and now need to file your defence.

You want to counterclaim for harrassment and damage to your credit file?

Have you ever sent a subject access request to Orange ?

If you have the statement showing your zero balance then you can attach that to your defence and the Judge will ask Lowell to evidence the debt.

[tupelohoney]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Well they have been happy to give details as im still a customer of theirs with PAYGO but their info is only as good as the person who imputs...in fact they have typed a totally new statement on EE paper and i have the original with zero balance..Im worried they will look on here and see my case as they are very dodgy and wrong...in the first hearing the solicitor did not appear to have much info just a few pieces of paper with no relevance..she may have been with holding the statement but upon the judge seeing mine may not have shown hers, however, she took a copy of the zero balance on..im also concerned they have to do as they please all my details including my passport copied details i sent them as i tried to address the situation...ive had so many scam phone calls since they bought my account...i advised my local police of two scammers trying by force to get my ID of my computer...they said it was a scam from someone who had sold my details on...im assuming only i cant prove they did...yet!!!..its wasting my time tbh as im trying to study and had them hounding me during exam time...their solicitor did say her clients wanted the case dismissed but the judge said no let Myself have a chance to defend

[Amethyst]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

well that's a good thing.

So what defence have you prepared so far (or submitted?) ?

[tupelohoney]

Re: Hi and thanks for the acceptance having the Lowel sharks taking me to court

Well the facts of the case, copies of every threatening letter, my zero balance and my personal circumstances during the 10 months its been demanded from me... is damaging my credit a reason for counter claim?...its hard to get proof of monetary value but any reasonable person would realise its taken my time and caused much stress