Bryan Carter Lowell Orange - Court Documents -Defend

[helpmehere]

Hi ,

Im new to these forums and really need some guidance on were to go with this matter.

 

In 2010 i took out a mobile phone contract with orange the contract was for a iphone as far as im aware , after a few problems i returned the handset was within the 7 day period, i then tried 2 more handsets and couldnt settle and returned these, as far as i remember the contract would have been a 18 month contract at £35.00. My problem is after returning these handsets i moved 2 months later . had mail redirected for 28 days and in this time dont remember recieving anything inregards to this.

 

Anyway the debt as now been passed over to bryan carter and court documents have been recieved. i want to defend this debt. Bryan carter are telling me a payment was recieved for £89 ( i think this may be a credit actually from orange on to the account for the delivery fees - and the partial months - How do i find out if this is the case? . Also bryan carter are telling me the debt was sold to lowell in 2011, its now 2013? .

 

If id taken out a contract for 18 months - The balance would be £630 , If it was 24 months £840. this doesnt include termination fees and there others fees?? The balance is £276.19 - without court fees. This doesnt make sense? Even if i add the £89 theyve recieved were does this amout come from? (£365.19) . Can anyone offer any advice on how i procede with this. All correspondence recieved so far is also for my new address (been here nearly 3 years) . No one as ever mention my previous address . I moved here january 2011 . Really stuck at what to do but dont wanna end up paying for something im sure i returned. Thank You in advance

[honeybee13]

Hello and welcome to CAG.

 

What is the date on the top right hand side of the document please? And can you type up the Particulars of Claim, minusany personal info?

 

My best, HB

[helpmehere]

Date is 5th November

this claim is for 252.76 the amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and/ or goods.

this debit was assigned to / purchased by Lowell portfolio l ltd, on 07/09/2012 and notice served pursuant to the law of property act 1925.

particulars re: Orange A/c ********

and the claimant claims 252.76. The claimant also claims intrest pursuant to s69 county court act 1984 from 07/09/2012 to date at 8% per annum amounting to 23.43

[honeybee13]

Thank you for that. The legal guys should be along later.

 

HB

[citizenB]

Date is 5th November

 

this claim is for 252.76 the amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and/ or goods.

this debit was assigned to / purchased by Lowell portfolio l ltd, on 07/09/2012 and notice served pursuant to the law of property act 1925.

particulars re: Orange A/c ********

and the claimant claims 252.76. The claimant also claims intrest pursuant to s69 county court act 1984 from 07/09/2012 to date at 8% per annum amounting to 23.43

 

 

You have a timeline you need to stick to and certain things you will need to do in that time.

 

Date of issue = 5 November + 5 days for service = 10 November + 14 days to acknowledge the claim = 24 November + 14 days to submit a defence = 8th December.

 

There will be no written agreement as this is a service contract. You can ask them for an accounting of how they arrived at the figure they are claiming.

 

You could also ask them for a copy of the Notice of Assignment. Have you not received any communication from Orange or Lowells since you moved ?

[helpmehere]

You have a timeline you need to stick to and certain things you will need to do in that time.

 

Date of issue = 5 November + 5 days for service = 10 November + 14 days to acknowledge the claim = 24 November + 14 days to submit a defence = 8th December.

 

There will be no written agreement as this is a service contract. You can ask them for an accounting of how they arrived at the figure they are claiming.

 

You could also ask them for a copy of the Notice of Assignment. Have you not received any communication from Orange or Lowells since you moved ?

 

 

I've never received anything from orange no , as far as I was a aware this was all dealt with and closed

[helpmehere]

I've never received anything from orange no , as far as I was a aware this was all dealt with and closed

 

Can anyone help on this? , I'm submitting a defense but I don't know how to go about this. I need to obtain details of how they came to the amount when the contract was originally for and I need to prove the 89 paid for wasn't by me and it was a orange credit. What template do I need? Do I send to Lowell or Bryan carter. I've prepared my defence what template do I need for that?any help appreciated never been in this position before

[citizenB]

You can send a CPR 31.14 to them and ask for a statement of account - Notice of Assignment and Default Notice.

 

I have linked you to a draft below which you can adapt , but you will need to remove the request for the agreement as this is a service contract, there isn't one.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You MUST send this request to the Solicitor named on the claim form.

 

at point 5 on the CPR draft, I would suggest you amend to read something like..

 

5: statement of account - to show all debits and credits made to the account from DATE

[helpmehere]

Thank You ,do i include all the bullet points one to five or delete accordingly?

[helpmehere]

Hi, ive amended the template and printed im sending it this morning recorded delivery , i have also confirmed acknoledgement online , im asuming i dont need to send the paper work as well? , do i also have to submit my defence or can that be done at later when ive recieved documents from the solicitors , is there anything else i can do ? is it just a case of waiting now

[renegadeimp]

Also, your defence needs to be sent to the court. Lowells and carter will say send it to them and theyll pass it on but they dont. They say this so they can get judgement by default.

[helpmehere]

Also, your defence needs to be sent to the court. Lowells and carter will say send it to them and theyll pass it on but they dont. They say this so they can get judgement by default.

 

Thanks for all your help so far....An update...

Today I received a letter from BC

 

Letter is as follows:

 

We write further to your recent correspondence requesting disclosure under Part 31 of the CPR.

 

We confirm the claim form was issued by the NCCBC and the Court's protocol was followed when issuing the Claimant's P of C. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

We confirm that the Claimant will seek alllocation to the small claims Track as this is a simple contractual matter and Part 31 of the CPR will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days.

 

It is the original creditor's policy to issue agreements on or around the date of contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm the Claimant is agreeable to an extension of 14 days to allow you more time to prepare and file your defence that being 3rd December.

 

We recommend you seek independent legal advice.

 

signed

BC

 

What now?

[AndyOrch]

Standard BC template response to every CPR 31.14 request...follow your time line.

 

Andy

[helpmehere]

Standard BC template response to every CPR 31.14 request...follow your time line.

 

Andy

 

Follow timeline can you please explain

[renegadeimp]

Post #5

[helpmehere]

I've submitted the court details online and said I'm going to defend the whole debt, I sent a request to carter for additional information. I'm still awaiting this. Now I need to prepare my defense, were do I start with this do I just tell the courts my side of the story .. Ie received handset was faulty returned received another had to go to a shop for a exchange they gave me a new one and return handset back to orange. After a few days of new handset it still wasn't performing correctly so we agreed with orange to terminate the contract. They applied a 89.oo credit to the account to cover the outstanding line rental for the period I had had the phone and then as far as i was aware that was then end of the matter?

[helpmehere]

Can anyone help with my defense?

[helpmehere]

1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.


2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:


(a) show how the Defendant has entered into an agreement with the Claimant; 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;


3. As per
Civil Procedur
e
Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, I have previously requested this information and am still awaiting details.


4. On the alternative, if 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.


5. I'm assuming this claim relates to a phone contact I took out at my previous address, but this hasn’t been confirmed as off yet. At my previous address I did take out a contract phone from Orange mobile and returned the phone within the seven day cooling off period due to the phone not being suitable, I then choose a alternative handset that unfortunately was faulty I was advised to travel to Sheffield to the Apple store to get this matter resolved, at the apple store I found them very unhelpful but I travelled so far and wanted answers, so they gave me a replacement handset and returned the faulty handset to orange. At this point I wasn’t happy, My handset was brand new and they substituted it with a refurbished one. I spoke to Orange about this and was advised to return the handset. At this point I could have had a alternative handset but id spent so long trying to sort this out I'd had enough. I returned the handset to orange as advised and they said they'd apply a credit to the account to cover any payments that were incurred from the pro rarta and delivery fees, to my knowledge this payments was around £90. This should have cleared any outstanding balance on the account and closed the account to my knowledge. I have received no communication from orange to say that the account wasn’t closed or any balance was outstanding.
6. The amount claimed will likely include an Early Termination Charge 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 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 the service.


7. 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.

[honeybee13]

Hello there.

 

I expect the legal guys will be along over the course of the day with advice for you. In the meantime, I'll merge this thread with the duplicate one you started earlier, to avoid confusion.

 

HB

[caro]

Hello there.

 

I expect the legal guys will be along over the course of the day with advice for you. In the meantime, I'll merge this thread with the duplicate one you started earlier, to avoid confusion.

 

HB

 

Thanks HB. I see the poc are in the original thread so the legal bods will be able to see if the defence is ok.

[AndyOrch]

You cant state 1/2/3 and then state paragraph 5......you are contradicting within your plea.

 

Andy

[helpmehere]

I'm really starting to panic and worry about this I don't know how to go about putting together the defense. They've not told me the debt is from my previous address, hence defending it and if it was then I returned the handset. Bryan carter say I have till the 3rd. I'm so worried

[helpmehere]

I have until Monday to submit my defense and I am really worried: This is what happened

 

I'm assuming this claim relates to a phone contract I took out at my previous address, but this hasn’t been confirmed as of yet. At my previous address I did take out a contract phone from Orange mobile and returned the phone within the seven day cooling off period due to the phone not being suitable, I then choose a alternative handset that unfortunately was faulty I was advised to travel to Sheffield to the Apple store to get this matter resolved, at the apple store I found them very unhelpful but I travelled so far and wanted answers, so they gave me a replacement handset and returned the faulty handset to orange. At this point I wasn’t happy, My handset was brand new and they substituted it with a refurbished one.

 

I spoke to Orange about this and was advised to return the handset, I returned the handset to orange and they said they'd apply a credit to the account to cover any payments that were incurred from the pro rarta and delivery fees, to my knowledge this payments was around £90. This should have cleared any outstanding balance on the account and closed the account to my knowledge. I have received no communication from orange to say that the account wasn’t closed or any balance was outstanding.

 

 

and I want to submit it in to a defense or go about it in the appropriate way, I don't admit to owing the money there requesting. Im not very legal minded and don't know the best way to word this to fit in to fit with this:

 

 

 

 

 

 

 

1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, I have previously requested this information and am still awaiting details.

 

4. On the alternative, if 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.

 

 

5. The amount claimed will likely include an Early Termination Charge 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 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 the service.

 

6. 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.

 

 

can anyone help? id really appreciate any help .. Thank You in advance

Edited December 2, 2013 by citizenB
renumbered and removed format codes

[Guest]

is your thread here the same issue? http://www.consumeractiongroup.co.uk/forum/showthread.php?408912-Bryan-Carter-Lowell-Orange-Court-Documents-Defend

[honeybee13]

Hello again.

 

I'm merging this with your original thread and the new one you started a day or so ago.

 

Please don't start a new thread for each new question. The guys can't advice you unless they can see the history of your case. If you add a post to the existing thread, it will come to the top of the forum, the guys will see it and recognise your name.

 

If you want advice, you need to make it easier for them.

 

HB