Lowell/Carter claim form, Orange BB dongle 'debt'***Claim Discontinued***

[letsgetitsorted]

Hi All

i have just received this from Bryan Carter on behalf of Lowell

any advise would be much appreciated.

 

I have looked on my Noddle Credit File and the details that shows anywhere near the amount is for £243

details of the default are

 

Account type Telecommunications Supplier

Account number ****

Account start date 29/11/2008

Opening balance £ 243

Repayment frequency Monthly

Date of default 12/03/2011

Default balance £ 243

 

no other details, further more I have not actually received any letters previously to this one.

any advice more than welcome

 

ta muchly

 

[ATTACH]48784[/ATTACH]

[unclebulgaria67]

Any dispute about this phone account that you can use to defend this ?

 

Or is it that you disagree with the amount BC are asking for ?

[letsgetitsorted]

hi Unclebulgeria

i really do`nt know if there is anything,i have no contract or information about this at all on this phone account, as for the amount the default says 243 so i do`nt think i should be liable if i am for anything more than that.

is it worth me writing/emailing carters and asking for the agreement statements etc that this refers to?

ta for your reply

[unclebulgaria67]

Yes you should write to BC asking them to supply full details of this debt and a statement of account from the phone company showing the £342 or whatever amount is showing on their letter. Send recorded delivery.

 

Make sure you acknowledge the claim form that you will be defending in full within the 14 days allowed.

[BRIGADIER2JCS]

What exactly has Carter sent you?

 

 

What company name show on the credit file entry?

[AndyOrch]

What exactly has Carter sent you?

 

 

What company name show on the credit file entry?

 

See post #1 Brig attached pdf

 

Regards

 

Andy

[letsgetitsorted]

I will Email them today and ask for the information as you have suggested Uncle, i will also back it up by a recorded delivery letter as well.

as for claim form, this hasnt been received as yet. i have only received the letter as post 1.

 

ta for responding Peeps

[letsgetitsorted]

i have just sent the following off to them

 

Dear Sir/Madam

I write with regards to a letter I have received from yourselves today of which a copy is enclosed/attached for your ease of reference.

Your letter states that I owe a principle balance of £334.72.

Your letter only states that this is owed to Lowell Finacial limited, there is no indication of how this alleged debt has been submitted by and for what it was for, therefore I formally request that you supply to me without delay a full breakdown of this alleged debt, this is to include all fees and charges that where and have been applied to the account, details of who the original creditor is and a copy of any agreement that this alleged debt relates too.

 

I trust as you have informed me that you have issued a county court claim for the sums outstanding, that you have to hand all of the information as I have requested.

With this I trust that you will be happy to supply me the information within the next 7 to 10 days.

 

This letter has been sent via email, I will also be sending a hard copy of this via recorded delivery post.

[letsgetitsorted]

Well that was quick, i have just received this from Carters.

OUR CLIENT: LOWELL PORTFOLIO 1 LTD

 

Thank you for contacting us.

 

We can confirm we are instructed to recover the outstanding balance due under account number xxxxxxxxxx, relating to an Orange account that was assigned to our client on 7 September 2012.

 

The account was opened on 29 November 2008 and defaulted on 12 March 2011.

 

Court proceedings have been issued.

 

We suggest you respond to the Claim Form using the Response Pack provided by the Court. You should also comply with the deadlines outlined by the Court in order to avoid a default judgment being entered against you.

 

If you wish to discuss the matter, then please contact us on 08453133123 quoting your reference number.

 

We recommend you seek independent legal advice.

 

Yours sincerely

[unclebulgaria67]

So you need to know now how they calculate the debt at £334.72, when amount showing on your credit record is different.

 

Were there any other issues with Orange ?

[letsgetitsorted]

Hi Uncle

I have asked carters and the response was that in post 8.

around 2008 i took out a mobile broadband deal out with carphonewarehouse, it was a 2 year contract of which think i cancelled, but cant remember.

I will look to see if i have any paperwork, but dont think i do.

as Carters have basically ignored my request earlier for information, what will be the right CPR request i need to state when asking for the information.

 

ta for responding, I am so thankful

[unclebulgaria67]

You need to send Carter a recorded delivery letter asking for the missing info. The CPR is 31.14 I think, but don't do this by email. You really need to send a recorded delivery letter, that you can evidence to a court.

 

I would suggest that you find out from Orange whether they received your cancellation instruction. You never know they may have some system notes about cancellation. You could send Orange a Data Pro subject access request, but they can take up to 40 days.

 

Don't forget to acknowledge the court claim online when received. You have about 19 days from the court claim date to do this.

[letsgetitsorted]

I shall prepare a letter this evening and get it off 1st class recorded tomorrow.

i have just looked at the figures, and it is the defaulted amount plus their fees.

 

due to finances i wont be able to get a DSAR off to Orange until next week.

 

ta again Uncle

.

[AndyOrch]

So is there any point defending it now you know what the figures are?

 

Regards

 

Andy

[letsgetitsorted]

Well as Carter said in their letter, i will receive a claim in the post , well low and behold I have, i have edited all identifiers and here is the form, any advise most welcome.

thanks to all so far though

 

cheers

lets

[AndyOrch]

Now you have the claim you need to request a copy of the agreement also...see library/ debt collection/ CCA Request.

 

You have 33 days in total subject to how you decide to proceed.5 deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defence.

 

This can be done on line using MCOL once you have registered to use the service.

 

Regards

 

Andy

[letsgetitsorted]

Hi Andy

I have sent off for the information that they are relying on. I have done this both by E-mail and Recorded delivery post.

I have also acknowledge the claim online. this was done on 24th. with the intention to defend.

My contract with Orange if memory serves me right was for a 2 year contract i do believe this was cancelled. after the 2 years where up.

 

does my defense need to be in 14 days after acknowledgement

 

ta for responding

[AndyOrch]

33 days after the date on the N1.

[letsgetitsorted]

Just search for paperwork, i have no agreement in the house for this, however i have found a letter from orange dated Oct 10 saying amount due 120.00 then another in Nov 2010 amount due 185 service suspended, this was for mobile BB which was 26.00 p/m, seems that orange have added fees and charges to the account.

[letsgetitsorted]

ta for that Andy, a date for me diary although think I will put it down to 32 to be safe better still day 33 falls on a Sunday so will make that 31. which will be 21/2/14

[AndyOrch]

ta for that Andy, a date for me diary although think I will put it down to 32 to be safe better still day 33 falls on a Sunday so will make that 31. which will be 21/2/14

 

[letsgetitsorted]

Well iI have had the Standard response from Carters, and here it is.

[letsgetitsorted]

here is my response, any thoughts appreciated

or should i just compose my defense

 

 

many thanks in advance

 

Dear Sir/Madam

I write with regards to your letter dated 28th January 2014 of which the contents have been noted.

 

In your second paragraph you state that there is no requirement for the service of documents when the claim has been made via Northhampton Bulk Centre, this I understand and didn’t expect them to be sent with the claim.

However I note in your letter that you say that “We confirm that the Claim will most properly be allocated to the small claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.” I would like to say that as this claim HAS NOT been allocated a claims track, the CPR rules do still apply, and as such I do require all the information that the claim is based on, this is to include.

 

1) The Agreement

2) A detailed statement showing breakdown on how the figure of £243.07 came to be

3) The assignment of account

4) And any further documents that you rely on in bringing this claim to court.

 

 

I originally requested this information on the 24th January both by email and by recorded delivery 1st class post( letter received at your office 27/01/2014).

In that letter (copy enclosed/attached for your reference) I requested this information within 7-10days

With this in mind I would expect to receive the information as request within 7 days.

 

I look forward to your response

[BRIGADIER2JCS]

If you made a CCA request under The Consumer Credit Act 1974 as amended (sections 77/78) the company has 12 + 2 working days from the date on your letter.

Carter et al will twist and manipulate anything that is outside normal procedure they will either state that you did not send the relevant £1.00 statutory fee for a CCA request and/or will suggest sending a CCA request to the original creditor.

 

 

If you did not do this then I would suggest you do so now send a CCA request to Lowell.

 

 

I'm sure andyorch will be along to assist as soon as he can.

[letsgetitsorted]

hi Brigadier, as this claim is for an orange contract is there a cca to be had on this or just the service agreement? i have asked carters to send what they are rellying on..cheers

for the response, i will put a request in for the contract etc