Hello everyone!

[issie]

Hi all

Quick question about a court claim I am defending, hoping for some advice! Defense submitted 18 days ago, Lowell just informed me by letter they have moved solicitors to themselves (in-house law firm). My initial defense is a standard putting the burden of proof on to them. It is to do with a non-existent debt to Orange from 2012. Cohen and Cramer who were acting for them until today informed me Lowell were not able to comply with my CPR31.14 request, my defence is based on this information being available. If they continue to fail to provide the information, then what happens when I go to court. I have a really strong alternative defence (which is why they may have cut out Cohen and Cramer) but cannot put this forward until I receive the information I am requesting. So deadlock! They have informed me they are going ahead with the claim. Any advice would be gratefully received

[nemesis45]

Re: Hello everyone!

Hi welcome to LB,
Please explain " No Existent Debt".
Send Lowell Solicitors another CPR 31.14 request.

nem

[issie]

Re: Hello everyone!

Hi
Summary of events:
In January 2012 I took out a mobile phone contract with orange
The monthly bill was £10.50 per month, paid every month by direct debit and no missed payments.
The Contract was for 24 months.


Due to a fall in income, I decided to ask for a mobile dongle and end my contract for home internet with Sky Digital. This was fine and no problems with Sky. Because the dongle was really good, I decided to ask Orange to install home broadband for me. They agreed and they attempted to set it up June 16 2012.

However, the internet did not work, so I rang them and they sent an engineer.
He spent a long time messing about with it, went off to the exchange stating the problem was there, came back 2 hours later assuring me that it was fixed and would be working within 2 hours. This never happened!

I rang Orange again to cancel my home broadband service, explaining that it would not work.
They tested the line and said nothing was wrong with the line, but I had no internet.

Eventually, after been passed to several different people, it was agreed to cancel my internet.
Cancellation according to the contract was to be done prior to the internet being set up.
However, as they did not set it up properly and it did not work, it was agreed that I would not have to pay any cancellation charges and I cancelled my direct debit pending this being resolved properly and to ensure no internet charges taken out and informing them I would pay July’s payment by debit card.

I contacted Sky to take over my internet from Orange, explaining that the internet had never worked. Sky had no problem setting up within a couple of days (written evidence of this) explaining to me that they still had the line (further proof that Orange could not possibly have supplied me with home broadband services as Sky still had the line, albeit suspended).

In July, I telephoned Orange to pay my normal mobile phone bill, shocked to find out that I had a huge amount to pay, this was for installation of my broadband that I didn't receive and all of the cost that went with this, as well as and cancellation charges that I was told I would not have to pay since I never received the service.

I asked if I could pay my mobile phone, but they had bunched all the accounts together
and so would not accept the payment on its own (or would but I would still have a balance on my account and so they would suspend my phone services)

Obviously, I did not pay as I did not owe that amount. I was told by the customer advisor they would rebill me and not to worry.
In the meantime they suspended my mobile phone service due to there being this balance
for my internet on the account, despite me offering my normal payment of £10.50


I rang to complain, pointing out once again that I never received the services for my broadband
the engineer had failed to install it and therefore I did not owe them any money other than my mobile phone charges that there was not dispute about. I also put this in writing, but no response from Orange in this respect.

Whilst on the phone, they promised to look into it and agreed that I should not be pay for internet I never received. I have the direct debit on my statement in July 2016 that I paid to Sky for my services, again showing that Sky had been able to set up my internet immediately because they still had the line and that Orange never had my telephone line and so could not have supplied me with internet services. At this stage I was without my phone as it was suspended, but decided to wait before getting another provider, expecting my August bill to be normal, just for the phone for July and August.

However, at the end of August I received a demand for payment of my account once again for the internet services not received and my mobile phone payments (now in arrears because they would not accept payment for this alone, thereby allowing me to use my phone).

I rang again, complaining about the bill, they said they would look into it and pass it to the correct department, and I again asked if I could pay my mobile phone contract, but they said they would need payment for the full amount on the account and couldn't separate them out.

The following month, I received a letter stating that my mobile phone account had been cancelled by them for non-payment and that I now owed …(I can't remember the exact figure).

I couldn't be bothered to ring them any further, as they had made frequent promises to sort this out
and hadn't and they, not I, had cancelled my phone contract as a result of the business with the internet.

I never heard anything else from them. I had also written to them.

In October 2015, I received a County Court Claim which I am defending.
I sent back the Acknowledgement of Service Form online to them as well as my defence.

I am going to deny all of the particulars of the claim as I don't agree with this.

I have no idea what the sum of money they are asking for refers to and have put them to strict proof in the case.


I rang Cohen Cramer Solicitors for information, they just said it 'has to do with a mobile phone account'. So I am left second guessing.
I never received any default notices although I believe they don’t have to supply one for mobile phone contracts. I never received any notice of intended court action by Lowell, they insist they sent it, but I did not get it!

I sent Lowell a CPR31.14 on 1^st November giving them seven days to reply, they replied 3 weeks later via Cohen and Cramer stating that they were unable to send me the documents I was requesting and that the default notice did not apply in this case as it is an unregulated account.

Win or lose, this is a matter of justice. They, not I cancelled my account, I kept offering to pay for my mobile phone, they would not accept what they saw as part payment of the bill and my mobile phone in the meantime would remain suspended. If I don’t defend I will lose, if I do defend I may still lose, but at least I will get a fair hearing.

I will send a copy of the CPR to Lowell Solicitors in Leeds and a copy to a PO box the gave me to send correspondence to in Northampton (I don't trust just sending it to the PO box they have supplied).

Many thanks for your time

Issie

[Neo]

Re: Hello everyone!

Hi All,

I am currently having issues with a "DEFAULT" on my credit file that is preventing me from getting a mortgage and providing a decent home for my family.

The default has been placed by Lowells DCA for a "DEBT" that they purchased from "ORANGE" FOR £132

I have contacted Orange to say I have no knowledge of any debt following the closing of my account I was informed that I could transfer my number to O2 as the account was cleared as final.

I have also spoken with Lowells and requested proof of any outstanding "DEBT" as I have never received any contact prior to registering with Experian after being informed by my bank that I should check my credit file.

Following an email to the CEO of Lowell I have received a response within the same day stating they are investigating this matter and would respond
( I can post email if that helps ) they have however requested my details name/address/dob as they want to respond via letter, stating that if I don't provide this they will send it to the address they have which is the one they contacted me on anyway.

I have spoken with Orange also via email (again can post if helps) who have said that they have never registered a default and that it was Lowells.

Can a DCA DEFAULT my Credit File without my knowledge or any contact ?

Can a DCA set up an account without my knowledge ?

I would appreciate any advice on where I stand with this and how I can get this removed ASAP

Many Thanks in advance

[issie]

Re: Hello everyone!

Hi

I can't help with your query, except to go through the formal complaints procedure, taking it an ombudsman if necessary. I have done this successfully in the past. In terms of a mortage, getting a mortgage with a default is not as difficult as you think. The interest will be higher, usually around 5.4% and usually larger deposit is required. In terms of the default, once it is no longer there, my bank tells me that they would lend to people 6 months after the default has either been satisfied or is written off. I

Hopefully someone on this forum with more wisdom and experience will be able to guide you appropriately with your questions, I only joined today. Good luck with everything

[PAWS]

Re: Hello everyone!

Hi All,

I am currently having issues with a "DEFAULT" on my credit file that is preventing me from getting a mortgage and providing a decent home for my family.

The default has been placed by Lowells DCA for a "DEBT" that they purchased from "ORANGE" FOR £132

I have contacted Orange to say I have no knowledge of any debt following the closing of my account I was informed that I could transfer my number to O2 as the account was cleared as final.

I have also spoken with Lowells and requested proof of any outstanding "DEBT" as I have never received any contact prior to registering with Experian after being informed by my bank that I should check my credit file.

Following an email to the CEO of Lowell I have received a response within the same day stating they are investigating this matter and would respond
( I can post email if that helps ) they have however requested my details name/address/dob as they want to respond via letter, stating that if I don't provide this they will send it to the address they have which is the one they contacted me on anyway.

I have spoken with Orange also via email (again can post if helps) who have said that they have never registered a default and that it was Lowells.

Can a DCA DEFAULT my Credit File without my knowledge or any contact ?

Can a DCA set up an account without my knowledge ?

I would appreciate any advice on where I stand with this and how I can get this removed ASAP

Many Thanks in advance

Hi Neo
Please can you start a new thread as this is a different issue. I am sure someone will respond soon.