Bryan Carter on behalf of Lowell (mobile phone debt)***Claim Discontinued***

[Bedonde]

I have a mobile phone debt from nearly 6 years ago which has reared it's ugly head again.

 

I took out out the contract but never actually used the sim (still have it here completely wrapped up),

but forgot to cancel within the correct time so got charged.

 

received a letter from Bryan Carter this morning about starting litigation in the next 48 hours on behalf of Lowell.

 

I have dealt with them before over an old catalogue debt they took me to court for,

but with the help of people on here I managed to get Carter to stop the claim.

 

This was because I had never signed a credit agreement.

 

Unfortunately, not sure it's that simple with a mobile phone debt?

[unclebulgaria67]

Think you should phone the phone company to find out more info about this account. If you never activated the sim card, what is your responsibility for any contract. Surely it would be pretty limited. Also what exact date did the contract start. Is any debt statute barred ?

[Bedonde]

Hi, no the debt will become statute barred in July I believe. I will phone Orange and see what they say about the debt and post back here.... thanks.

[Bedonde]

Phoned Orange today, I am still liable for the debt even though I haven't activated the Sim card. Orange have very limited information on it since it was from 2008 and has obviously been passed on. Aparently I made some payments on the account, it's so long ago I can't remember exactly.

 

What do I do now?

 

 

Any help appreciated.

[Bedonde]

Forgot to mention, I also got the court forms through today..

[letsgetitsorted]

Hi Bedonde

i got mine through today also for orange.

i have sent off for all the information they are relying on for the claim, i havent phoned orange for any info though.

 

hope you get sorted

 

cheers

Lets

[Bedonde]

Hi Bedonde

i got mine through today also for orange.

i have sent off for all the information they are relying on for the claim, i havent phoned orange for any info though.

 

hope you get sorted

 

cheers

Lets

 

Thanks for reply, not sure what you mean though? Am I supposed to send Brian Carter something? I don't have anything to send (that I'm aware of)..

[letsgetitsorted]

i have just acknowledge the claim online,

Earlier I sent Bryan Carter a request for all the information that they hold and are relying on to make this claim, that was done on CPR 31.14, the template for that can be found here, this was sent recorded delivery and I have also sent it via email, to make sure they have it.This request has given them 7 days from receipt of letter to send the information.

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

obviously make the changes that suit your situation.

 

I am sure those with more knowledge will be able to advise us both further...(pls)

 

my thread is here

http://www.consumeractiongroup.co.uk/forum/showthread.php?415751-Lowell-Carter-advise-Pls&p=4453102#post4453102

[Bedonde]

Thanks again, I will try and get those typed up today and sent tomorrow. Not sure on acknowledging the claim online etc as I don't really have a defence!?

 

Just looking at your thread, seems like Carter just wrote back to you letting you know the debt was with Orange? My claim form already says it's for an Orange debt on behalf of Lowell, so not sure what else they can say...

 

What happens if this is not defended?

[mjt2013]

If it's not defended you get a CCJ which you can then apply to pay by instalments. If it's defended and you Los you still get a CCJ but the costs will be higher so you'll end up paying more.

[Bedonde]

Thanks, in that case I don't really see a point in contesting this? As it could end up a worse situation with more money piled on top.

 

So basically, I do nothing now? And wait for the court to contact me regarding repayments and then setup something with them?

[mjt2013]

Well, you could defend and win.

[AndyOrch]

You must defend...win or lose...it will open up other avenues of settlement.

[letsgetitsorted]

have you acknowledged the claim yet, if you haven't i would suggest you do this will stop them winning winning by default. not only that it gives you time to sort out a defense. carters have to supply all the information they rely on in order to task this to court. there is a template for this , the one i used is as per post 8.

write to carters asking for all the information they rely on in court, contracts etc and see what turns up.

my intention is to defend and see where it goes, i am putting the cash to one side though just in case i do lose , that way no ccj will be registered...at the moment i do not have much of a defense, just need them to prove the account is owed how it is made up, ie charges and fees, and is legally due to them before i put a defense together, just depends on if they are able to supply the information.

remember if they are unable to supply the info then there is no case as such, not only that, looking through other threads, carters have a habit of not supplying the info and discontinuing the claim.

 

but the choice is yours

[Bedonde]

Well I have defended against them before, but that was for a catalouge claim a few years back they backed out because they never sent me a credit agreement. With mobile phones obviously it is different but okay will acknowlege the claim tonight and start sending out letters tomorrow! Worth seeing what they come up with...

[Bedonde]

Okay claim acknowledged, I just had a look at the 3.14 letter - this was the same letter I used before (for a catalouge claim) but I found it so confusing as to what was relevant to the catalouge claim. I want to get this done to send out tomorrow recorded delivery, but I'm struggling again to find out what I actually need to include from the 3.14 letter. I have deleted some of the stuff that is mentioned in red, but unsure of the wording in particulars of the claim section and what I need?

 

Also on the acknowledgement I did contest all of the claim and also ticked contest jurisdiction, hopefully that was correct!

[letsgetitsorted]

Hi Andy, A quick Question, I acknowledged service, should i have ticked the box that said I Contest Jurisdiction.

 

cheers

Lets

[Bedonde]

Okay, I have deleted the stuff in red on the 3.14 letter, which is not applicable. As far as I can see everything else in the letter needs to be there i.e points 1-5 apart from point 6 in this case. The rest of the letter I have left. Not sure it's worth adding anything else to it as it covers everything?

[AndyOrch]

Okay claim acknowledged, I just had a look at the 3.14 letter - this was the same letter I used before (for a catalouge claim) but I found it so confusing as to what was relevant to the catalouge claim. I want to get this done to send out tomorrow recorded delivery, but I'm struggling again to find out what I actually need to include from the 3.14 letter. I have deleted some of the stuff that is mentioned in red, but unsure of the wording in particulars of the claim section and what I need?

 

We dont know you have not posted it......type it out verbatim less any identifiable data

 

Also on the acknowledgement I did contest all of the claim and also ticked contest jurisdiction, hopefully that was correct!

Incorrect but dont worry

 

 

Regards

 

Andy

[Bedonde]

Thanks Andy, I thought we weren't allowed to reproduce anything from letters templates here?

Edited January 29, 2014 by Andyorch
CPR removed

[AndyOrch]

I was referring to their Particulars not the CPR 31.14...how can we advise what you can ask for until you type out their particulars of claim from the N1.

[Bedonde]

I see.

 

In that case the particulars are :

 

This debt was assigned to/purchased by Lowell Portfolio Ltd on 07/09/2012 and noticed served pursuant to the law of property act 1925

 

Particulars

 

Re : Orange

A/C No *********

 

And the claimant claims 227.50

 

The claimant also claims interest pursuant to S69 country court act 1984 from 07/09/2012 to date at 8% per annum amounting to 24.95

 

----------------------------------------------------

 

The total amount of the claim including court fees + solicitors fees is 317.45

[AndyOrch]

Thats it ? word for word ?

 

If so you can only request the Notice of Assignment/Agreement.

 

Talk about vague:madgrin:

[Bedonde]

It's word for word yep, there is a bit above it too which somehow I missed out :

 

The Claim is for 227.50 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

But other than what I've mentioned that is it...

[AndyOrch]

It's word for word yep, there is a bit above it too which somehow I missed out :

 

The Claim is for 227.50 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

But other than what I've mentioned that is it...

 

Ah that makes hell of a difference (hence verbatim).

 

So you can request the agreement also within the CPR...but you should be requesting that separately anyway by way of a CCA request.