Lowell claim form received from court

[J03anderson]

Hi there, I have received this morning a claim form from County court business centre, for a claim made by lowell portfolio for a phone bill off several years ago with orange for a total of £2705.50, first of all I have never acknowledged any debt with lowell and this is the first I have heard about the debt in over a year, I've spoken to orange and they have informed me the debt was defaulted in Feb 2013 from what I remember it was sold on to someone else before lowell as lowell didn't take it on till August 2014.
Is there anything I can do about this or do I bite the bullet and pay it?? Also Im quite sure the original debt was about £1500 maybe less

[nemesis45]

Re: Lowell claim form received from court

Good afternoon, welcome to LB,
Have you acknowledged service of the claim? If not do so online @MCOL instructions on the court forms. To give you more time to work ona defence.
Which solicitor is acting for Lowell?
Check your credit reference file ( Noddle is Free Online) to check the default date registered there.

nem
Do you know when the last payment was made to Orange.?

[J03anderson]

Re: Lowell claim form received from court

I have checked my credit file there is nothing on there for Orange, only lowell and it doesn't say default it says us. According to orange the last payment I made was 5 Nov 2012

[nemesis45]

Re: Lowell claim form received from court

I have checked my credit file there is nothing on there for Orange, only lowell and it doesn't say default it says us. According to orange the last payment I made was 5 Nov 2012

Emm another Orange account sold on before default it seems.
It would be worth checking with Orange on the default why there is no default recorded on the CRA file as they would have originated the file entry.

nem

[J03anderson]

Re: Lowell claim form received from court

Also it's Cohen cramer solicitors acting on their behalf

- - - Updated - - -

Pardon my ignorance but what difference does it not being on my file from Orange make??

[J03anderson]

Re: Lowell claim form received from court

I've just rechecked my file and there's definitely nothing on there from Orange, only lowell and it only shows back to Jan 2015 but says us in all the boxes

[nemesis45]

Re: Lowell claim form received from court

Also it's Cohen cramer solicitors acting on their behalf

- - - Updated - - -

Pardon my ignorance but what difference does it not being on my file from Orange make??

None it just shows that Lowell now own the debt.

Did you get a " Notice of Assignment " telling you the debt had been bought by Lowell it could come from Orange and/ or Lowell?

Cohen Cramer not the easiest " solicitors " to deal with !!

Send Cohen Cramer a request made under the provisions of Civil Procedure Rule 31.14 this is for the documents mentioned in the Particulars of Claim.

e.g. an agreement/contract default notice, a notice of assignment but only request them if they are specifically mentioned.

There is no fee for this request, There's a template in the green box at the top of the " court claim " forum. use signed for post.

Acknowledging Service of the Claim needs to be done asap.

nem

[J03anderson]

Re: Lowell claim form received from court

Not to my knowledge no but as I said from memory it was with another claim company before lowell

[nemesis45]

Re: Lowell claim form received from court

Not to my knowledge no but as I said from memory it was with another claim company before lowell

Those will all form part of the defence.

I take it you are disputing the amount claimed? What is this less the costs etc?

nem

[J03anderson]

Re: Lowell claim form received from court

The particulars say:

The claim is for the sum of £2333.80 due by the defendant under a non-regulated Orange account with an account reference of (account number). The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 27/Aug/2014, notice of which has been given to the defendant. The claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £186.70. The claimant claims the sum of £2520.50

[nemesis45]

Re: Lowell claim form received from court

The particulars say:

The claim is for the sum of £2333.80 due by the defendant under a non-regulated Orange account with an account reference of (account number). The defendant failed to maintain contractual payments required under the terms of the account***** agreement.******
The debt was legally ******assigned to the claimant on 27/Aug/2014,*** notice ******of which has been given to the defendant. ******The claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £186.70. The claimant claims the sum of £2520.50

Marked what you can ask for via CPR above. Agreement and Notice of Assignment.

nem

[J03anderson]

Re: Lowell claim form received from court

hi there, in a sort of update I have contacted orange again regarding this and I have learned that orange originally sold the debt to BCW the amount of debt was £1065, then the debt was sold on to lowells and the debt was £1429, how have we got from £1065 original debt to lowells now asking for £2705.50 ???? and can I contest the amount??

[nemesis45]

Re: Lowell claim form received from court

hi there, in a sort of update I have contacted orange again regarding this and I have learned that orange originally sold the debt to BCW the amount of debt was £1065, then the debt was sold on to lowells and the debt was £1429, how have we got from £1065 original debt to lowells now asking for £2705.50 ???? and can I contest the amount??

It sounds as if there's interest and / or charges being added.

BCW didn't issue a claim did they?

nem

[J03anderson]

Re: Lowell claim form received from court

No they didn't issue a claim and what charges and interest would warrant slapping over £1000 on the bill??

[nemesis45]

Re: Lowell claim form received from court

No they didn't issue a claim and what charges and interest would warrant slapping over £1000 on the bill??

This is something that can be used in defence, e.g. The defendant is unable to reconcile the amount claimed with any account held the claimant is put to strict proof as to how this amount accrued.

nem