lowell/cohen Claim Form - Orange 'debt'

[issie56]

Hi andyorch

 

This is what I thought! Should I produce this in court as evidence of harrassment? I am very stressed anyway at the moment. I don't know what I would have done without this forum over the past few days.

 

Should I send the hard copy of the PDF showing my acknowledgement of service.

 

So just to clarify this letter means nothing? I am okay to carry on as planned - CPR today and defence online by the 10th?

issie56

[AndyOrch]

Totally ignore...but file it away in your claim file.

[issie56]

Hi

 

Received a letter from Cohen Cramer acknowledging my CPR stating the following:

 

Thank you for contacting us in respect of the above claim.

 

I have referred you request for documents back to our client and am awaiting further instructions. Please be advised that we anticipate the receipt of the requested documents to exceed 7 days. Furthermore it is unlikely that we will have had a response from our client before your 28 day deadline expires and therefore, in the meantime, you may wish to prepare and file your defence.

 

Should you have any further queries, please do not hesitate to get in touch.

 

They got the CPR yesterday and must have sent of a letter straight away. Should I just go ahead and file my defence in terms of not acknowledging the debt?

 

Many thanks for your help!

 

issie56

[AndyOrch]

Just file it by the required date....you wont get a response issie56

[issie56]

Okay! Thanks

[issie56]

Hi

I have completed my defence and would really appreciate if you guys could look over it for me and let me know if this is okay or is there anything I need to change. If Lowell come up with all the proof I have asked for, I will use my defence that I explained to you in the beginning, i.e. my dispute. Hopefully this is okay of now though!

 

Okay here it is with possible identifiers removed:

 

1. The claim is for the sum of £xxxxx due by the Defendant under a non-regulated Orange account with an account number of xxxxxxx

 

2 The Defendant failed to maintain contractual payments required under the terms of the account agreement

 

3. The Debt was legally assigned to the claimant on xxxxxxxx, notice of which has been given to the defendant.

 

4. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £xxxx. The claimant claims the sum of £xxxxx

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.eements] with [Original Creditor /Claimant] for provision of credit.

 

Paragraph 1 is denied.

The claim is for the sum of £xxxxx allegedly due by the defendant under a non-regulated Orange Account with an account reference of xxxxxx

The defendant does not have any knowledge of the alleged account in her files.

The claimant has failed to provide adequate details of the alleged account, when the alleged default occurred,

the degree of the default and any details as to how the alleged sum has accrued.

As the Claimant's statement of case fails to give adequate information I am unable to properly assess my position with regards to the claim.

 

Paragraph 2 is denied. The Defendant does not acknowledge the alleged account nor accruing or owing contractual payments required under the terms of the alleged contractual agreement by reason of paragraph 1.

 

Paragraph 3 is denied. The claimant's statement of case states that the alleged debt was legally assigned to the Claimant on xxxxxx notice of which has been given to the defendant. The Defendant does not recall receiving notice of this assignment.

 

Paragraph 4 is denied. The Defendant does not acknowledge the sum of £xxxx owing in respect of the alleged non-regulated Orange account reference xxxxxx and therefore denies that the claimant is entitled to statutory interest for the same under S.69 of the County Courts Act 1984.

 

Further to the above, neither the claimant nor the claimant’s representatives notified me of the alleged debt prior to issuing these proceedings.

On the 20th of October 2015, I submitted to Northampton County Court the Acknowledgement of Service which was received by the court on this date via the Government Gateway MCOL System a copy of which I printed for my records.

 

 

I have had it confirmed by the court that my Acknowledgement of Service had indeed been submitted by me and duly filed and that Cohen and Cramer Solicitors for the Claimant in these proceedings, Lowell Portfolios Ltd had received the same.

 

 

My defence was to be submitted by the 10th November 2015 at 4.00 pm.

However, on the 29th October 2015, some 9 days later,

I received a letter from Cohen and Cramer informing me that as I had failed to respond with proposals for payment

or provide a valid explanation why the debt should not be paid, they were instructed to enter judgment against me,

 

 

along with detailed and dire consequences of what would happen to me should a judgment be made against me. They therefore asked that I contact, without delay, a company called Lucas Credit Services to make an immediate payment of £466.11 to prevent judgement being entered against me. This was despite Cohen and Cramer being very much aware that I had submitted my Acknowledgement of Service some nine days prior to this correspondence to me from them and that that they were of the full knowledge that I intended to submit a defence by the date ordered by Northampton County Court. I can only surmise from this correspondence that Cohen and Cramer were attempting to intimidate me into paying a debt of money that to the best of my knowledge I do no owe unless information be provided to the contrary by the claimant in these proceedings.

 

On the xxxxxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to xxxxxxxxx where I requested the Claimant provide copies of the Agreement, the Assignment, the Default Notice, the Termination Notice and A full and clear detailed breakdown and explanation of the alleged sum of £xxxxx within 7 days of the receipt of the same.

 

 

xxxxxx received my request on the xxxxxx. I received a reply to my request on the xx of xxxxxx from Cohen and Cramer that it would be unlikely that the claimant would supply the documents to me within this time period and that they would talk to the claimant for further directions regarding my request and intention to defend these proceedings. At the point of submitting my defence, I have not received any of the requested documents from the Cohen and Cramer nor from Lowell Portfolio Ltd, the Claimant in these proceedings.

 

 

I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), should they be unable to provide the same within the period specified in the CPR31.14. However they have failed to do so.

 

Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

 

Many thanks in advance.

issie56

[dx100uk]

load of ole twaddle where did you get that from not here

[dx100uk]

post 49 here as an example

http://www.consumeractiongroup.co.uk...m-Discontinued***

[issie56]

I was really stuck so some of it from here

and some from a different forum (which really confused me).

 

 

I can't remember!

 

 

As such any help would be very much appreciated as I am really stuck.

 

 

I don't want to acknowledge the debt because I don't know what the amount refers to!

 

 

I could write that I assume that it is to do with my mobile phone

and then write the stuff I wrote at the beginning of this thread?

 

 

Help!!

[dx100uk]

post 33 one is all you need

 

 

KISS........

 

 

keep it simple..stupid

 

 

dx

[issie56]

I don't know what post 33 is? Sorry to be dim!!

[issie56]

I have a link for post 49

[issie56]

Found it! I think. I will redo and send to you if that is okay (much simpler ).

[dx100uk]

Nope post it here

 

No pm advise allowed

Else cag would be useless to others

[issie56]

Hi

No, I didn't me PM you, I meant post it here!

 

Okay here it is feedback very much appreciated as always. I took out the bit about them threatening a judgement by default.

 

 

Particulars of the Claim

 

1.The claim is for the sum of £352.88 due by the Defendant under non-regulated orange account

with an account reference of ********.

 

2.The Defendent failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 27/Aug/2014,notice of which has been given to the defendant.

 

The claim includes statutory interest under S69 of the County Courts Act 1984 at a rate of 8% per annum

from the date of the assignment to the date of issue of these proceedings in the sum of £28.23.

The claimant claims the sum of £381.11.

Defence

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the assignment/breach/balance as requested by CPR 31.14 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for, and;

© show how the Claimant has the legal right, either under statute or equity to issue a claim

 

3. Paragraph 3 is denied. The Defendant does not recall receiving notice of the debt being legally assigned to the Claimant.

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. Alternatively, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

5. Notwithstanding the above should the alleged amount claimedinclude an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

I believe that the facts stated in this claim are true.

[issie56]

Hi, sorry for all the questions, but I am a bit confused about what the term un-regulated orange account refers to, if it is un-regulated, does that mean it is not regulated by the Consumer Credit Act 1974?

 

Many thanks

issie56

[shamrocker]

Yes, you are correct.

 

Sham

[issie56]

Thanks Sham, that's what I thought.

 

So can I still use this in my defence if the debt is for a mobile phone contract early termination (terminated by them not me)

- Alternatively, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

I want to get this defence right!

 

 

Maybe I am just not understanding this part properly!

 

Many thanks

 

issie56

[issie56]

Hi Dx

Sorry, one last question, do I say I neither admit or deny or just say I deny? Still not sure about whether the Consumer Credit Act 1974 bit of my latest defence applies since mobile phones are not regulated by CCA? You can tell I am a complete novice at this!

Thanks

issie56

[dx100uk]

better you just file it when its been checked by andyorch

 

 

it been used lots of times before

 

 

dx

[AndyOrch]

issie56 I will run through your defence with you in the morning....

 

Regards

 

Andy

[issie56]

Thanks!

 

[AndyOrch]

Particulars of the Claim

 

1.The claim is for the sum of £352.88 due by the Defendant under non-regulated orange account

with an account reference of ********.

 

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 27/Aug/2014,notice of which has been given to the defendant.

 

The claim includes statutory interest under S69 of the County Courts Act 1984 at a rate of 8% per annum

from the date of the assignment to the date of issue of these proceedings in the sum of £28.23.

The claimant claims the sum of £381.11.

 

####Proposed defence####

 

1. Paragraph 1 is admitted with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) under reference xxxxxxxx with Orange for Internet service.The service failed and Orange agreed to cancel the agreement and waived any cancellation charges.

 

2. Paragraph 2 is denied as there was no contractual obligation to make payments as Orange cancelled the agreement as its service failed and the agreement was cancelled by Orange.

 

3.Paragraph 3 is irrelevant as there is no debt to assign.Notwithstanding this point it is further denied that the claimant served any Notice of Assignment pursuant to the Law and Property Act 1925

 

With regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the assignment/breach/balance as requested by CPR 31.14 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for, and;

© show how the Claimant has the legal right, either under statute or equity to issue a claim

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. Alternatively, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

One defence...check it for content and accuracy and if correct copy and paste into MCOL

 

Regards

 

Andy

[issie56]

This looks great.

 

 

However, I don't want to admit to paragraph 1 in this defence as Cohen and Cramer

have told me it is for a mobile phone charge, and were right about when my last payment was, in June 2012.

 

 

After that they would not take any payments for my mobile phone contract

because of the internet dispute which led to my phone being suspended

(although I never stopped paying, they stopped accepting payments).

 

 

So, if I use the internet thing, they can come back and state that it is to do with a mobile phone charge

and not the internet that I never received!

 

 

My concern with admitting to paragraph 1 is that it may result in a CCJ as they will come back wit

h 'this account is not for a internet charge it is for a mobile phone'

 

 

In the larger scheme of things this is about my strong sense of justice and not so much about incurring a CCJ.

issie56

[AndyOrch]

What does the agreement number in the particulars refer to ....Internet or mobile phone account?