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  1. Claimant Lowell's Date of issue: 09 Dec 2016. What is the claim for the reason they have issued the claim? 1) The Defendant entered into an agreement with Three Mobile under account reference xxxxxxx (the Agreement). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £193 remains due and outstanding. And the Claimant claims a) the said sum of £193 b) interest pursuant of s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.042, but limited to one year, being £15.47 c) Costs What is the value of the claim? £283 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Three Mobile Dongle. When did you enter into the original agreement before or after 2007? After. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? No. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Mobile dongle returned not fit for purpose. What was the date of your last payment? 2013ish I can’t remember. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. I logged onto MCOL and did the following: A claim was issued against you on 09/12/2016. Your acknowledgment of service was submitted on 13/12/2016 at 18:44:22 Your defence was submitted on 13/12/2016 at 18:59:56 Your defence was received on 14/12/2016 at 08:02:27 Your acknowledgment of service was received on 14/12/2016 at 08:02:28 My defence was/is as follows: 1. The Defendant entered into an mobile dongle agreement with “Three”, the contract was mutually terminated as advised by “Three” Customer Services as the mobile dongle wasn’t fit for purpose, in that it didn’t receive any data as designed. 2. “Three’s” coverage software was inaccurate stating it would work within military accommodation at the xxxxxxxxx and it didn’t. 3. After numerous recorded telephone conversations with “Three’s” Technical Department and Customer Services the Customer Services operator advised the Defendant to return the mobile dongle to “Three” and the account would be closed with no more monies owing to “Three”. 4. The Defendant sent the dongle back to “Three” in a padded envelope as advised by “Three”. 5. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to “Three”. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 6. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14 The claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show proof the Defendant was sent default notice andtermination notice/demand notices; and © show how the Claimant has the legal right, either understatute or equity to issue a claim; and (d) show how the Defendant has reached the amount claimed for. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, 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 and Section 82A of the consumer credit Act 1974. 9. Notwithstanding the above, should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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. 10. 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. I sent a CPR 31.14 request on the 14th Dec recorded to Lowell Portfolio Ltd and Lowell Solicitors Limited. On the 16th Dec I received an acknowledgement receipt of your defence stating claimant has 28 days to proceed. On the 17th Dec I received a Notice of Claim Issue dated 14th Dec from Lowell Solicitors as follows: As you are aware, we represent Lowell Portfolio I Ltd. We have now issued Legal Proceedings in the form of a CCC which you will shortly receive directly from the NCC as you have failed to make payment towards this debt or respond to our letter of claim. It then goes on about totals and what you need to do now. As I received their letter on the 17th Lowell Portfolio Ltd and Lowell Solicitors Limited both signed for my recorded CPR request. From Lowell Solicitors a letter dated 30 Dec, envelope says 03/01/17 and was received 6th Jan as follows: Thank you for your letter dated 13 December 2016. We note the contents and write to advise you that the documents have been requested from our Client and we will forward these onto you upon receipt. However, legal proceedings have now been issued and you are required to respond to any court documentation that is sent to you. We look forward to hearing from you. I have heard nothing since either from the Court or Lowell's, I think if my maths are correct that the claim is now stayed 14th Dec – 19th Jan even allowing Bank Holidays its been 36 days. So do I leave it stayed or request it struck out?
  2. Hi All, I'm being chased for an amount of £100.10 by Moorcroft on behalf of EE (formally Orange). Back in 2012 we took got a mobile broadband dongle for business purposes on a business contract (or at least i believed i was). This was done so on a 1 month rolling contract. The business is no longer trading hence why this was cancelled about 4 months back. I attach a copy of the contract signed. As you can see it does say customer type 'Limited Company' but my name is under customer information. Can i be chased for this amount personally? My biggest concern is my personal credit rating. The amount they are chasing also seems high giving the monthly amount was £35 but the contract clearly states it was only for 1 month. The initial contract was for 1 month and it was kept for much longer than this. Thanks
  3. Hello, Back in October 2011 I purchased a service plan dongle from 3G. I checked the area and they said it would work fine, but it never really did and I gave up after many protracted telephone conversations to get it working and stay connected. I returned the dongle to 3G quoting the Sale of Goods Act and asked them for a refund of monies paid as it was not fit for purpose. I heard nothing and I cancelled my direct debit. The debt was sold on to Lowell Feb 14. Letters and harassing phone calls followed. I firstly requested statements of my account and I received a letter back from Lowell saying that these had been requested from 3G and my account was on hold. Nothing ever came through. Then more chasing letters from Bryan Carter in June 2014 and finally Court Claim forms from Bryan Carter for Lowell. I have acknowledged service. I am preparing to submit my defence - can I use the Sale of Goods Act as my defence in this case? The amount they are chasing is £305.01 plus court and solicitors fees of £85. Thanks in advance
  4. Dear all, I'm in need of a little advice regarding a rolling contract for a 3G mobile internet dongle the company I work for entered into, but no longer require. I have also forwarded the details of this thread to web relations team of Vodafone via the email address. What follows is a brief outline of the situation: In January 2012 a colleague purchased a 3G mobile internet dongle and associated rolling monthly contract with Vodafone. The contract is in the company name, payment is taken from the company account, however the associated individual for the account is my colleague. Fast forward to October 2014, the dongle hasn't been used for over a year and it decided we should cancel the contract, however my colleague whose name is associated with the account no longer works for us. On contacting Vodafone I'm told I cannot speak to anyone regarding the account, despite having the account number, payment details and proof that I work for the company associated with the account on hand, because I don't pass data protection. Upon explaining that the associated individual no longer works for the company I'm told there is nothing that can be done on the phone, however they will make contact with the associated individual and request permission to cancel. Forward to November 2014 I call back, this time speaking to Mike in Vodafone's Dearne Valley call centre. I explain the situation, explain that he should be able to see the account is not in use and that we have no intention of paying for a service we don't use. Mike gives me permission to instruct our accounts team to cancel the Direct Debit at 12:26pm on 24th November. Forward to the current date - we are receiving letters, via our accountants, from the Vodafone Credit and Collections team, demanding payment for outstanding monthly fees. My question is this: 1. How can we cancel an account when the only person who passes data protection is no longer here and cannot be contacted?
  5. I had a 3 dongle for years and was paying for it without using it for a while. One day I went on my digital banking and cancelled the Direct Debit. I didn't think anything of it but I've now been passed onto a Debt Collection Agency. I've read all sorts of stuff about court action and poor credit rating now. I now realise that I probably breached the contract. I'd happily pay the final month if that is what they are pursuing. What is the likely outcome if these situations? Do the Debt Collectors add on all sorts of charges?
  6. Hi You may have noticed, I have another thread running at the moment, although in relation to an Orange UK matter, it is totally unrelated to this matter. (other thread relates to Mobile Contract Ts&Cs - this relates to Orange USB Dongle Broadband/Data Usage - costs!). So to begin, I have an Orange USB Dongle, on Contract - costing approx. £5 per month, for 500MB Data. I have had this for approx. 2 years, most of the time - forgotton about, sitting in a drawer for emergencies. Recent dispute/negotiations with Virgin Media, who provide me with Telephone/TV/Broadband - had meant my services being temporarily suspended. So during this period, I relied on using my Orange USB Dongle, being very careful to refrain from any form of streaming/downloading etc. Any heavy work required, likely to incur heavy charges - I would plan in advance and attend the library and use their internet /facilities. My VM Services were suspended for approx. 2 months (max). My Orange Bill dated 24 June - had not incurred any additional costs for data used (430MB) My Orange Bill dated 24 July however, came as a great shock - £62.70/ rating my usage for the month, as being 2319 MB. I was mortified. Unlike the Mobile Phone usage, which includes an itemization - Data Usage doesn't? Is there any way of establishing, just how I may have used this much data? I don't understand why it should be so high on the second month - used similarly?? Any help/advice - much appreciated! Thank you all
  7. Would anyone be able to advise me what dongle (or mobile broadband) is best for business in the West Sussex area. I have an O2 3G but it will not let me connect to a work vpn in Chichester or Midhurst. The company will get me another but I don't know which would work. Be grateful if anyone can help, have tried to search the internet but can't find the answers. Many thanks.
  8. Hi , was wondering if anyone can help me, about 8 months ago i bought a 3 mobile mi-fi dongle on contract and now the charging port on the dongle has actually broke off, It is an internal port like on a phone and has not been misused at all but according to 3 it is not covered by warranty and they will not replace it even though I told them about the sales of good act and fit for purpose. What am i meant to do because they say the only option I now have is to buy a new one that costs about £80. Help please. thanks
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