LOWELLS/BC Claimform - orange mobile 'debt'

[guitarman2463]

Hi everyone,first time poster here.

 

I have a alleged outstanding debt from orange that Lowells are chasing me for,

 

I am at the point where I have just sent in my A O S,

 

i do intend to dispute the claim.

 

My question is this;

I am about to send off a SAR to EE and a CPR 31.14 to Bryan Carter,but,

 

do I need to pay them for these requests,

 

i think I read it on here somewhere,

 

but can't find it at the moment

 

any help will be greatly appreciated,

 

many thanks in advance.

[BankFodder]

You really need to give as much more information.

 

For instance you say that it is an alleged debt. Does this mean that you dispute it?

 

If so, on what basis.

 

You have just sent and acknowledgement of service? Does this mean that a claim has been issued?

[guitarman2463]

hi there,bank fodder,

 

the reason it was brief is because I've seen lots of posts on this site with regards to this type of action from lowells/BC

,and just didn't want to clog it up with yet another one,

 

Yes, I do dispute it but it's a bit complicated.

 

Yes, a claim has been issued.

 

I'll try to explain;

I had a phone contract with orange for about 15 years.

I took another phone for my missus on my account about 6 years ago.

and then,about 4 years ago,i took 2 more phones for my 2 kids(they previously had payg)

 

About half way through the term of the kids contracts I received a letter from orange stating that they were changing the t/c's of all the contracts.

and as a result,wou;d be increasing the monthly tarrif for all of the phones,(they were all fixed rate).

This,I assumed they must be allowed to do.

 

a couple of months down the line,i found out that this was not the case,and they should have given me the opportunity to cancel,they didn't.

 

I also realised that because I paid with a debit card over the phone, i was being charged £2.90 plus vat per phone every month

,i suppose that was my fault for not reading the bills properly,

 

 

my argument on this point is this.

I only ever paid 1 bill every month,

but I was charged 4 times for it,

and as I understand it,

the consumer credit act states that,

companies can charge fees,

but those fees have to be fair,a

nd seeing how I only ever paid one bill per month,

how can being charged 4 times for it,be fair.

 

I rang orange numerous times about these issues

,but just got stonewalled ever time,

and on every occasion

,i was told that they had no record of any of my previous calls.

 

In the end I just stopped paying the bill.

they rang me several times to try to collect payment

,(I thought this was the best way of getting them to listen)

 

 

how wrong was I,

the only thing they were interested in was being paid,

 

 

in the end they passed it on to several dca's until eventually it ended up with lowells,

from whom I have had numerous letters

,but I have not made any contact with them.

[dx100uk]

can you fill this out please

you don't need to send in the AOS

 

 

you do it online at MCOL website

 

 

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

[guitarman2463]

Claimant : Lowell portfolio ltd

Date of Claim :18 june 2015

 

this claim is for 448 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 23/09/2014

and notice served pursuant to the law of property act 1925

 

particulars

re- orange

a/c no xxxxxxxx

and the claimant claims 448

 

the claimant also claims statuary interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement

to date but limited to a maximum of one year and a maximum of 1000 amounting to 27.00

 

total claim is for 559

 

the claim is for a mobile phone account

 

the original contract was taken out about 15 years ago

 

the claim was issued by the assigned debt purchaser

 

I think I had a letter from orange saying it had been assigned,but I don't think it was lowells.

 

I'm not sure if I received a default notice,i can't remember.

 

I haven't received any statutary notice of default as far as I am aware.

 

I ceased payments because I had 2 issues with orange and they would not listen,

i believed them to be in breach of contract

 

approximately may 2013.

 

yes there is a unresolved dispute

 

didn't need to enter into a debt management plan.

[dx100uk]

ok good

 

 

have you ack'd the claim [AOS] online at MCOL

[guitarman2463]

yes have,did it this afternoon,i know I said in an earlier post that I had sent it off,but what I mean't was,sent it off online,thanks.

[dx100uk]

[guitarman2463]

hi there dx100uk,i don't mean to be rude and i do hope you'll forgive me ,but I can't see what's funny.

[dx100uk]

Me I,m funny thought you,d used the post

 

DX

[guitarman2463]

Hi dx100uk,thanks for that,sorry,I think it was me that got the wrong impression.

 

 

Am I correct in thinking that I need to send a cca to Lowells,with a £1 p/o.

 

 

A cpr 31.14 to BC,with a £1 p/o.

 

 

And,do I need to send a cca to EE with a £1 p/o.

 

 

Sorry if I sound a bit dumb,i've never had these kind of dealings with anyone before,and it's all new to me.

Thanks

[dx100uk]

you cant CCA mobile debts they are not covered by the CCA

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=lowell+carter+mobile+debt+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=lowell%20carter%20mobile%20debt%20claimform&gsc.page=1

 

 

have a read of a few like mobile claimform threads

 

 

dx

[guitarman2463]

so from what I've read,it looks like I need to send a CPR31.14 to BC.

And a SAR to EE/Orange.

 

 

Would that be correct.

 

 

Thanks.

[dx100uk]

but the SAR will not come before filing data [40 cal days for sar]

33 cal days for def filing.

 

 

 

 

you can try but how will that help you

what are you hoping the SAR reveals?

 

 

dx

[guitarman2463]

hi dx,

if they have to give me all the info they have about me,then I am assuming that would include any letters they sent to me,these would include the letter they sent informing me of a change to the t/c's.

and it would also show that there was no mention of my right to cancel,i'm hoping that I still have the original,but I think I might be clutching at straws.

[dx100uk]

I would go read a few those threads in that link I sent you.