Carter/Lowell/ - Claimform Orange mobile 'debt'

[Remy3]

Hello, I hope that I am on the right forum/ thread.

 

I have received a CCJ claim form for an old mobile phone that was with Orange. It is from Bryan Carter solicitors on behalf of Lowell Portfolio.

 

I have responded at MCOL tonight stating the intention to defend and asked for additional time. The claim was issued on the 21st Jan.

 

We constantly had issues with the signal of the phone and called numerous times over the three months

before we stopped paying the contract and took another contract out with another company who provided us with a vastly improved signal.

 

On the times that we called they agreed that there was issues with the local mast being out of order

and they admitted that there was a problem.

However we have no evidence of these conversations,

although I would hope they are on a call log somewhere.

 

There is no information at all about this account with the claim form,

No dates of original contract etc.

We estimate that we had the contract about 3-4 years ago, possibly longer.

 

The amount is for less than £200.

 

Your advice and help would be greatly appreciated.Many thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

 

please fill in the above and paste here

 

 

dx

[dx100uk]

ideally you should not be asking for an extension

 

 

serves you no purpose to give THEM more time

to find paperwork they should already have before issuing a speculative claim hoping for a default uncontested judgement.

[Remy3]

Name of the Claimant Lowell Portfolio I Ltd, Ellington House

 

Date of issue 21st Jan 2015

Date of issue 21st + 19 days ( 5 day for service + 14 days to acknowledge) 9th Feb + 14 days to submit defence = 4pm Friday 20th Feb

What is the claim for – The claim is for £164.95,

the amount due under an agreement between the original creditor

and the defendant to provide finance and / or services and / or goods.

 

This debt was assigned to/purchased by Lowell Portfolio l Ltd on 29/08/14 and

notice served pursuant to the law of the property act 1925.

 

Particulars Re orange A/C **********

 

and the claimant claims £164.95

 

The claimant also claims statutory interest pursuant to s.69 of the country act 1984

at a rate of 8% per annum from the date of the assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to 5.21

 

What is the value of the claim? £245.16

 

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? Mobile phone account

When did you enter into the original agreement before or after 2007? ? Unsure of the start date,

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. By Lowell the debt purchaser?

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember

Did you receive a Default Notice from the original creditor? Again, sorry can't recall?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, No recollection

Why did you cease payments? Lack of signal after 3 months of complaints

What was the date of your last payment? Sorry, can not remember, it was over 2-3 years ago

Was there a dispute with the original creditor that remains unresolved? I suppose the lack of signal.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No just complaints about lack of signal.

[Remy3]

Thanks you for the advice on additional time. I just thought it was to give me more time.

[dx100uk]

is that ALL of the PoC? what is the claim for bit?

[dx100uk]

correction to your dates ...submit defence by = 4pm Friday 20th Feb

[Remy3]

The claim is for £164.95, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This debt was assigned to/purchased by Lowell Portfolio l Ltd on 29/08/14 and notice served pursuant to the law of the property act 1925.

Particulars Re Orange A/C **********

 

and the claimant claims £164.95

 

The claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 5.21

 

 

Thanks

[Remy3]

Thanks for the date correction

[dx100uk]

ok see if you can find out information from your credit files

noddle is free see below.

 

 

you need to send LOWELLS a CPR 31:14 from the legal section of the top green library tab.

 

 

have you moved since the contact

[Remy3]

Thanks, I will check my file and send the form off to Lowells.

 

No we have not moved since. Thanks

[BankFodder]

Please also send Orange an SAR. Maybe this will reveal the call records you are referring to and also some useful screen notes - but don't hold your breath.

 

If you had bad service which they did not fix then you have a wining argument. However it will come down to whether you have the evidence - and if you lose it will be because you did not take the basic customer services precautions when dealing with them. You have been here since 2011.

 

Get the SAR off now, read our customer services guide and also try to put together a detailed chronological account of the problems you had and the steps you took to have them sorted out before you gave up.

 

Let's see the chronology here

[Remy3]

Thank you, I have sent off the SAR to Orange and registered with Noddle.

 

Noddle shows the account began on 17/01/2009 and defaulted on 26/11/2012

 

I am just starting the LOWELLS CPR 31:14

 

Many thanks

[Remy3]

Lowells CPR 31:14 done

[Remy3]

Good Evening, I have received a response from Bryan Carter,

 

It say's

 

We write further to your letter of (Date) requesting disclosure under Part 31 of the civil procedure rules.

 

We confirm this matter 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. . In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditors policy to issue at the start of the contract and statements throughout the duration of the agreement and , in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filling the defence. (Spelling is theirs)

 

As you will be aware a claim was issued in this matter on 21st January 2015 and we are in receipt of your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgment being entered against you.

 

We recommend that you seek independent legal advice.

 

Yours sincerely BC

[dx100uk]

std reply remy

 

 

go read a few carter threads

 

 

dx