Lowell Financial - Orange/EE debt

[owl1967]

Hi

 

I need some help from you experts out there.

 

A few months ago i received a letter from Lowell saying i had an outstanding debt in excess of £600 on a mobile contract.

 

I sent them a letter asking for proof of debt

after several months i have received a statement of account which runs from Oct 2010 to may 2014.

 

The final balance on the account shows £400 not £600 with the last payment in Jan 2014.

 

I do not believe i actually owe this money

i changed my phone in the EE shop in late October 2013 as i was working abroad at the time

and they got me a deal where i got inclusive minutes

and it looks like they did not do the upgrade properly.

 

 

I still have my contact with EE and it is upto date.

 

What can i do to contest this ?

 

All help gratefully received

[fkofilee]

Still with EE yet they farmed one off to Lowell? Sure it wasn't a new line?

[owl1967]

I have no idea it was a couple of years ago

 

i went it to the store for an upgrade

 

explained i was working abroad and my monthly bill was huge ,

 

they sorted everything out

 

as far as i am aware it was an upgrade

 

they never said if it was a new contract or not

[fkofilee]

Okay well, Lowell are playing a game here, One that you can quite easily win.

 

I think for now, sending a SAR or complaining to Head Office for EE Would be the best thing;

 

[email protected]

 

Dig up as much info as possible.

[owl1967]

Thanks for the help

Looking at the info on hand im guessing the shop did a new contract and not an upgrade I will write to EE as you suggest and see what happens next

[fkofilee]

Well If they failed in their course to provide you with an Upgrade and you were unaware,

 

 

I would say that you have a very good chance.

 

However youll need to complain severely.

 

 

So Please Complain to the email above.

[dx100uk]

lowells rarely chase debts for companies now

 

so if it doesn't say 'our client' EE on it

 

then its a sold lemon debt they have purchased on a phishing list.

 

just remember

lowells are not bailiffs

and have

NO SUCH legal powers.

 

dx

[owl1967]

Hi need advice on an ongoing issue

 

Had pre legal form before Court and replied requesting more information on an alleged old Orange debt dating back several years.

 

The contract was taken out in 2010 and according to them it defaulted in 2014.

 

I have been disputing this for several years as the Orange shop made an error in the upgrade in 2013 and opened a new account , I still have a copy of the paperwork and it clearly states upgrade on it.

 

I was working abroad whilst this was going on and the new contract was paid however the old was not paid after January by the look if it.

 

I have sent a SAR request to EE the new owners of Orange and they have no records of the previous account as they have been removed but do have records which I have received of the one opened in error.

 

Cohen Cramer have sent me a what could be a notice of assignment from Lowell but nothing from Orange. ,

A statement of account showing Invoice amount and bills receipt from 2010 to May 2014 , but no breakdown of these amounts and certainly not how they get a monthly figure 4 times the original contract amount outstanding for several months.

 

The amount claimed By Lowell is a different amount from that showing on the balance by several hundred pounds and no explanation why.

 

Finally the have sent a set of terms and conditions from EE/ Orange dated March 2014 , these are quite clearly not the terms when the contract would have been taken out in 2010 as this was pre EE ditching the Orange brand.

 

I have no copy of the contract or the details of the monthly amount , incorrect terms , and conditions ,no copies of any default notices nor a notice of assignment from Orange nor a clear and accurate breakdown of the money alleging owing.

 

How do I best proceed ?

 

Can I put a counter claim in for the money I paid out in November , December and January as the contract should have been cancelled when they started a new one or the upgrade went through if they had not made an error.

 

In the absence of no contract and evidence to the contrary would it be a monthly contract with an end term of 30 days as the initial two years would have been up in 2012

 

Any advice of the response I should send would be most helpful

Edited August 2, 2018 by owl1967

[dx100uk]

are you saying you have a court claimform?

[dx100uk]

old and new thread merged

[owl1967]

To be honest I was unsure as they have just got a backdoor CCJ against me for a debt I knew nothing about , I am dealing with the original creditor as it may be fraudulent as it was taken out several months after I left the address but that's another issue.

 

Hence I replied to the other form , I believe it was sent back to the solicitors Cohen Cramer not to a court if that information helps.

 

I will keep playing letter tennis over this one as I cant see its valid if EE/Orange have deleted all records and the only stuff they have sent is the incorrect T and Cs , and a page of monthly amounts.

[dx100uk]

was it a letter of claim? with an response form and an I+E form?

[owl1967]

It certainly looked like that , it had various options asking if i owed the debt part of the debt etc ,

i ticked the box asking for more information and received as above

 

They have said in response letter

i have 28 days to respond and make a negotiation before then ,

 

I am thinking of sendind a SAR to Lowell as they claim to be holders of the debt and see what they have ,

I have still no copy of contract ,

a breakdown of the debt copies of default letters from Orange etc

Edited August 3, 2018 by dx100uk
spacing.

[AndyOrch]

Very little paperwork to actually disclose on telecom contracts...apart form a random statement.

[owl1967]

The only paperwork provided doesnt indicate any details of contract , only the summary of bills ie oct 2010 x amount and underneath paid x amount by d/d and so forth until January 2014 when no more payments are received.

 

The amounts are then in excess of £100 per month ive certainly never had a contract for that amount , and the amount being claimed is in excess by several hundered pounds more than showing on the statement summary , with no mention of how any of this is calculated.

 

How should i repond i have seen a dispute letter would that be best sent asking for a complete breakdown of the debt and how it is formulated with evidence and evidence of the contract specifically asking for details of the monthly cost and genuine t and c,s relating to 2010 , as well as copies of defaults etc

[dx100uk]

so it was one of these?

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

pers I would be responding further

 

can you not scan up the stuff to one multi page PDF

read upload

[AndyOrch]

That would be a CPR 31.14 but as your dispute is not yet by way of a court claim...you cant use that.

[owl1967]

I will be able to after the weekend , im on four 16 hour days so its work sleep rotate until monday

[AndyOrch]

Have you received a Court Claim N1 ?