Hiya mate, no it has been with a solicitors firm called Cohen Cramer up until this point acting on Lowell’s behalf

Hiya! I received a letter today from the claimants solicitors stating that as the claim is being defended it has been transferred to Lowell’s internal legal team - what are your thoughts? Is this good or bad news?

Hi All, So I filed my defence on Monday - when would I expect to hear back around next steps etc? Thank you

The agreement is mentioned in paragraph 2?

Thank you mate - what do you think of the below? 1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. I have, in the past, had a contractual relationship with Orange Limited, however I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and have not disclosed further details in response to my request under CPR 31.14. 3. Paragraph 2 is noted, again I do not recall any breach and I have requested the claimant send me the agreement mentioned which they have failed to do despite this being requested twice, once in response to the claimants letter before action and again in my CPR 31.14 request. Both requests were ignored by the claimant. 4. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 10th January 2015 from my cpr31.14 request. This is the first time I have seen this letter. 5. The claimant sent a word document as a “statement of account” in response to my CPR 31.14 request which is vague and does not include any traceable payment data and has address that I have not lived in for four years prior to the date on the statement of account. This has made it impossible to verify the information contained therein. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief

They sent a letter of claim, which prompted my initial letter to them asking for more details. They haven’t refused to send the agreement per se, it’s just that I have asked for it twice and both times they’ve completely ignored the request. If the claim was raised on the 29/03 What is the last date to submit my defence? I heard it was 33 days however other places say 28 days...

Hey guys, Please can someone help me with writing an appropriate defence? Thank you!

Thank you mate. I don’t intend on filing early, I just want to have it ready

Thank you mate, I am so glad that you guys exist or I would have just rolled over. How much of that defence is applicable in my case? Some of it I don’t really understand. Obviously would amend to suit my case but is any of it irrelavent? Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgement and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

Do you guys think I should just pay them or is there any way to defend this?

I think I have made a terrible mistake. The payment is showing on an old account I stopped using in 2012-2013. I don’t recall taking out any contract with Orange but it seems I must have signed up for something otherwise how would they have my bank details.

02/09/2013 was the last payment recorded on the account. Payment was made via direct debit.

Just rang EE, gave them the account number and they wouldn’t give me any information and referred me to Lowell.

I believe so. I do not have any reference to this on my credit file, they can’t produce an agreement. I had accounts with associated companies and as far as I can see this account was set up and no payments were made to it at all so that does suggest it was set up fraudulently, however because I had accounts with associated companies perhaps it relates to one of those, hence why I don’t want to just bare face deny it, I don’t want to be accused of perjury. I have billions of things going on right now which is why I just want to get this boxed off so I don’t have to worry about it. When do you think it is an appropriate time to start formulating a defence?

Just a quick one, I didn’t request a default notice in my cpr letter. Do you think I should ask for one? I lived in this address for a few months in 2010 - obviously moving out way before the suggested start date of this agreement. I appreciate that there are loads of sample defences posted on this forum, however they are full of terminology I don’t really understand, any help writing my defence would be greatly appreciated. Thank you