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JAJ1986

Lowell Small Claims Court over old orange contract

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Hi there I am brand new to this forum so I'm looking for advice in regards to a matter that I have currently ongoing.

 

 

Back in 2012 after I had gone overseas for a funeral, by my own admission I had forgotten to turn off the data on my phone

so this at the time ran the bill I had with orange up to nearly £700 at the time.

 

 

At first orange were willing to comprise and set up an agreement to get my phone back up

but after telling me that I would need to pay nearly £500 just to get my phone back on,

I refused as I couldn't afford that at the time and it made no financial sense

 

 

me an orange eventually parted ways and I never heard from them for the rest of 2012 apart from the disconnection letter.

 

 

Then from 2013 to about the beginning of this year I received around 7/8 letter in total from what I can count that were in relation to this matter

but from different debt companies such as BDO Collections and eventually on to Lowell.

 

From around June this year though, Lowell have been trying to get this matter to court pursuing me for the debt.

They sent me a letter from Bryan Carter Solicitors saying they were looking to go to court over the matter

and I replied back saying that because I have never had a debt with Lowell that they should not be pursuing me for this debt.

 

 

Since then I got a letter from the Small Court Claim and Northampton Crown Court.

I replied back to both letter saying I have never had a debt with Lowell directly

and that I should not be going to court over a debt I am unaware of.

 

 

Lowell have even gone to the lenghts of putting a default on my Credit Report (See Below),

even though I have a default with Orange so it looks as if they are trying to give me a default on the same debt,

which Im sure they cannot do.

 

Other accounts

LENDER

BALANCEUPDATEDSTATUS

Orange Brought To You By Ee

£ 952

13/07/2015Default

Nwb Current Accounts

£ 0

05/07/2015Up to date

Shop Direct Finance Company LTD

£ 1,395

01/07/2015Up to date

O2 Uk Limited

£ 0

01/07/2015Up to date

Lowell

£ 1,403

21/06/2015Default

 

Now I have received a letter this week saying that I have a hearing on the

8th October at County Court at Birmingham Civil Justice Centre, The Priory Courts.

 

 

I am here for some advice in terms of what to do.

I have been looking on numurous forums such as these and it seems what Lowell are doing is illegal

in terms of trying to enforce a debt with people when the debt is not with them directly.

 

 

Is there any good advice that you can give me in terms of going forward.

Ideally I dont want to pay Lowell at all and think they are pretty much con artists when it comes to this.

 

 

I have been told about mediation as well.

Also will they be able to apply for an AOE from me if this goes all the way.

I only thought that would apply in Child support cases and cases with a bank etc.

 

I look forward to hearing your responses.

Kind Regards in Advance.

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This is not right as they have put a defualt in my name regarding this even though I have a defualt with Orange so they cant do that in terms of that.

 

Plus I have had no agreement with them whatsoever nor do I intend to.

 

So what happens if I just refuse to pay and ignore them completely?

 

This was back in 2012 when this all happened

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Hi there

What Orange have done as said above, is sold the account to Lowell.

Lowell have not placed a new default, merely changed the name and updated it. Which they are legally allowed to do.

Legally they can enforce the debt through court action.

 

You need to stop spurting and forget all this Get out of debt free stuff that you are talking about. IT IS WRONG and YOU WILL END UP WITH A CCJ because of that! Unless the experts here can pull a rabbit out of their hats!

 

Normally we advise members to read the following thread and post the answer here

 

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

 

IN addition you will need to let us know what has happened and what you have done SINCE receiving the N1 Claim form.

 

Did you acknowledge the claim?

Did you issue a Defence?

What is the hearing for? Is it a strike out hearing or is it the full hearing? What does the court directions say?

 

I am also moving this to financial legal forums so the legal peeps can see it easier

 

Regards

SS

Edited by SabreSheep
addition

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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N1 form?

Claim Form?

What are all these.

 

 

I dont think I received these.

 

 

I just sent back the forms I got from Northampton Crown Court and the courts.

 

 

So they can put a defualt on your credit report for the same debt?

 

 

and like I said what if I refuse to pay at all?

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The N1 claim form would be the first one that arrived from Northampton

If you refuse to pay then you will have a CCJ awarded against you.

 

If you refuse to pay that.

 

Lowell could instruct bailiffs, or HECOs AT FURTHER COST TO YOU


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I want solutions and advice in terms of the next steps that can be taken.

 

Can I go directly back to orange and set up a agreement with them

or set up an agreement for the ORIGINAL amount

and not the £500 that Lowell have sneakily added on.

 

And if a 2nd CCJ came it not as bad as the one I have with the funeral

because that is a far more important debt

but I just want to now what I can do before this court date

and what viable options do I have

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for the orange debt sold to lowells

have you the claim number still?

 

 

pop up on the MCOL website and tell us the current status of the claim please?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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for the orange debt sold to lowells

have you the claim number still?

 

 

pop up on the MCOL website and tell us the current status of the claim please?

 

Yes and do this too... :) Id like to know.


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Yes the debt is for Orange because they default amount is £952 but Lowell have added on extra costs.

 

The only letters I got from Byran Carter saying that Lowell are going to take it to court

and that they tried to get me to set up an agreement with them in their letter.

 

Is there a away I can set up an agreement for the ORIGINAL £952 balance as the £1403 that Lowell are asking for is ridiculous

 

MCOL website? What is that? and thanks for your help

 

I dont fully understand what you are saying.

 

I've already said that I received a form from the courts and sent it back.

 

I just have the letter I was sent on the 11th June stating that I have to send back the N180 form back to the courts by the 29th June which I did.

 

Like I said I sent that letter back and another one as well (not sure off the top of my head).

 

Im not going to know all these things as Im not no legal eagle.

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I know that... But I want to help... Not fight you... No you are not a legal eagle which is why I want to help you as best I can to resolve this situation.

 

What documents do you have in your possession that I can see?

 

Once again, Post 25... Follow what Ive asked you to do ....

 

I have that letter there and another from the courts back in May saying they received my defence.

 

I've another from Bryan Carter where they attatched the claim form that Lowell had sent to the courts.

 

 

I cant find any other letters at present regarding this

 

I not sure if I have those papers you are asking for

 

 

they might have been thrown away.

 

 

Going forward what can be done here in terms of this.

 

 

I've been told about mediation what is that?

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Hi JAJ...best if we start again...I will try to answer your questions from your initial post.

 

 

Hi there I am brand new to this forum so I'm looking for advice in regards to a matter that I have currently ongoing.

 

 

Back in 2012 after I had gone overseas for a funeral, by my own admission I had forgotten to turn off the data on my phone

so this at the time ran the bill I had with orange up to nearly £700 at the time.

 

 

At first orange were willing to comprise and set up an agreement to get my phone back up

but after telling me that I would need to pay nearly £500 just to get my phone back on,

I refused as I couldn't afford that at the time and it made no financial sense

 

 

me an orange eventually parted ways and I never heard from them for the rest of 2012 apart from the disconnection letter.

 

 

Then from 2013 to about the beginning of this year I received around 7/8 letter in total from what I can count that were in relation to this matter

but from different debt companies such as BDO Collections and eventually on to Lowell. Okay when it got to Lowell that would be the assignment date...Orange sold the debt to them

 

From around June this year though, Lowell have been trying to get this matter to court pursuing me for the debt.

They sent me a letter from Bryan Carter Solicitors saying they were looking to go to court over the matter

and I replied back saying that because I have never had a debt with Lowell that they should not be pursuing me for this debt.

 

They can they now own the debt ...not Orange

 

 

Since then I got a letter from the Small Court Claim and Northampton Crown Court.

I replied back to both letter saying I have never had a debt with Lowell directly

and that I should not be going to court over a debt I am unaware of. That was your defence

 

 

Lowell have even gone to the lenghts of putting a default on my Credit Report (See Below),

even though I have a default with Orange so it looks as if they are trying to give me a default on the same debt,

which Im sure they cannot do.

 

Its the same debt...only counts as one and is usual when a debts been assigned...makes no odds if it was on 4 times by different companies ...one debt one default.

 

Other accounts

LENDER

BALANCEUPDATEDSTATUS

Orange Brought To You By Ee

£ 952

13/07/2015Default

Nwb Current Accounts

£ 0

05/07/2015Up to date

Shop Direct Finance Company LTD

£ 1,395

01/07/2015Up to date

O2 Uk Limited

£ 0

01/07/2015Up to date

Lowell

£ 1,403

21/06/2015Default

 

Now I have received a letter this week saying that I have a hearing on the

8th October at County Court at Birmingham Civil Justice Centre, The Priory Courts. This is your trial date?...I assume you completed a directions questionnaire (n180)

 

 

I am here for some advice in terms of what to do. Have you completed the courts directions since allocation...ie submitted a witness statement and standard disclosure ?

I have been looking on numurous forums such as these and it seems what Lowell are doing is illegal Not illegal...1000s of threads here exactly the same its called debt assignment

in terms of trying to enforce a debt with people when the debt is not with them directly. Research debt assignment under Law of Property Act 1925

 

 

Is there any good advice that you can give me in terms of going forward.

Ideally I dont want to pay Lowell at all and think they are pretty much con artists when it comes to this.

 

Wait and see how the trial proceeds

 

I have been told about mediation as well. Did you opt for mediation in your directions questionnaire (1st question on the form)?

Also will they be able to apply for an AOE from me if this goes all the way.Yes if they judgment and you are in employment

I only thought that would apply in Child support cases and cases with a bank etc. No..applies to any money claim

 

I look forward to hearing your responses.

Kind Regards in Advance.

 

Regards

 

Andy


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irrelevant content in & posts removed

 

 

dx

siteteam


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you Andy.

 

I have a better understanding of it now.

 

Tbh I cannot be bothered to go to court over a matter like this.

 

I did state at the time I did not want any mediation

 

what would happen now if I was looking to set up an agreement with them over the debt, but only for the original £952 default that was handed over to them?

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Have you received your Notice of Allocation...after submitting your DQ (Directions Questionnaire) ?


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What is that? I'm not sure what that is

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26/pd_part26#8.1

 

PD 8.1 & 8.2

 

this.......

 

http://wbus.westlaw.co.uk/forms/pdf/cpf00139.pdf

 

Notice of allocation

 

The notice of allocation will usually include:-

 

the court's decision on whether you can use an expert, and how many witnesses you can call; and standard directions. The date, time and place of the hearing is usually given at this stage. The directions will also tell you what you need to do next. You must follow these directions.

 

If you don't, the case could be postponed and you could have to pay all the costs of the case. You will usually be told to send the Claimant/ defendant copies of all the documents you wish to use in evidence and to file a copy of all these papers with the court.

 

You will be told to do this not less than 14 days before the hearing. A preliminary hearing may be called if the judge wants to discuss issues with you before the full hearing. You must attend the preliminary hearing or let the court know if the date is inconvenient and apply to the judge for another date to be set.

 

You may have to pay a fee for this if you have not indicated on the allocation questionnaire that you would be unavailable on this date. It is

possible for the judge to make a decision on the case at the preliminary hearing. You should therefore take along any written evidence that you have, but you should not bring your witnesses to court unless the judge has given permission for this.

 

In some cases the judge may decide that there is no need for a full hearing, and that the claim can be dealt with on written evidence only. If the judge decides this in your case you will be sent form N159, Notice of Allocation to Small Claims Track (No Hearing). However, if either party raises objections, your claim will proceed to a full hearing.

 

You must keep to any time limits you are given by the court or your case /defence may be dismissed (struck out).


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So would I be able to set up an agreement with them before going to court for the £952 that I have been defaulted for, not the £1500 they are trying to get from me? I'd be willing to do that but nothing else

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Have you received your Notice of Allocation...after submitting your DQ (Directions Questionnaire) ?

 

?

 

You answer my post first then Ill answer yours:wink:


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im not sure to be honest. Alot of paperwork has come and gone recently so not sure

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Well its the most import document of the process...I would check and find out if the court has issued it.If its not been issued then the claim is stayed ...and going nowhere....yet


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The claim is stayed...nothing happening...suspended....paused.


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OK I will ask them.

 

 

I also spoke to Lowell today who were absolutely no help in trying to resolve this situation.

 

 

They said that they had passed the debt on to Fredricksons who in turn said it had been passed onto Bryan Carter.

 

 

Also when speaking with Lowell the man said that he could not send any documentation about the debt

but told me how it had been accrued and the extra debt on top of the original default fee.

 

 

So regardless if they are a legit debt company, the way the manipulate things is very concerning hence the posts you have on here.

 

 

If they have bought the original debt then it is the original debt that they should be requiring nothing more.

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No point speaking to Lowell ...they do not know anything about the debt except your name and address account number and balance....Ring the Court...... Notice of Allocation


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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god please stop talking to fleecing DCA's or their fake/tame sols on the phone.

 

 

never ever discuss your debts to them.

 

 

all they want is money and they'll say or intimate anything to convince you to pay.

that they'll never put in black and white.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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