Lowell/Lowell sols claimform - old orange mobile 'debt'

[pickpocket]

Hi all,

 

Need some help please.

 

Have received a summons from the Bulk Handling Centre for an old Orange Mobile Debt - About 4 years old roughly.

 

Date of Issue: 06/04/16 - Acknowledged - 08/04/16

 

Details of claim;

 

Claimant: Lowell Portfolio Ltd

 

Defendant myself

 

POC

 

(1) - The defendant entered into an agreement with Orange under account reference xxxxxxxx ("the agreement").

(2) - The defendant failed to maintain the required payments and a default notice was served and not complied with.

(3) - The agreement was later assigned to the Claimant on 19/06/2014 and notice given to the Defendant.

(4) - Despite repeated requests for payment the sum of £176.54 remains due and outstanding.

And the Claimant claims;

(a) The said sum of £176.54

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.039, but limited to one year, being £14.12

© Costs

 

I have acknowledged the Service online with MCOL.

 

I'm no expert here but I've been reading through other threads and it seems the wording is incorrect on the claim form, being it was a Contract for Services rather than an Agreement.

 

Am I still able to send a CPR Request in order to get their ownership of said debt?

 

Can someone please help me a little. I'm drafting documents as I type this but running into a little blank moment from reading so many comments.

[AndyOrch]

Hi and Welcome to CAG

 

If you could read the following link and then copy and paste your responses back here to enable the best advice on how to proceed with claim.

 

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

 

Regards

 

Andy

[pickpocket]

Name of the Claimant ?Lowell Portfolio 1 LTD

 

Date of issue –. - 06/04/2016

 

Date of issue - 06/04/16

 

What is the claim for –

 

(1) - The defendant entered into an agreement with orange under account reference xxxxxxxx ("the agreement").

(2) - The defendant failed to maintain the required payments and a default notice was served and not complied with.

(3) - The agreement was later assigned to the Claimant on 19/06/2014 and notice given to the Defendant.

(4) - Despite repeated requests for payment the sum of £176. remains due and outstanding.

And the Claimant claims;

(a) The said sum of £176.

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.039, but limited to one year, being £14.12

© Costs

 

What is the value of the claim? - - £266

 

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

 

When did you enter into the original agreement before or after 2007? - After 2007

 

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. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? I suspect so but it was about 4 years or so back and can't honestly remember

 

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

 

Why did you cease payments? - Came out of work and couldn't make payments, circumstances

 

What was the date of your last payment? Don't know

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Had telephone conversations with Orange at the time, restricted the phone usage but I just couldn't make payments.

As I recall I think I offered payments of £10 per month but they just would not help and eventually just became very harassing.

 

I hope this is everything you need.

Edited April 9, 2016 by pickpocket
change figures

[AndyOrch]

Many thanks PP

 

Okay so CPR 31.14 to the Claimants Sols named on the claim form.....follow the instruction provided within the template.

 

In the meantime try to find out your last payment date (old statements or even call Orange/EE) and try to establish if the amount claimed consists of any unfair charges.

 

Andy

[pickpocket]

Thank you. Typed up and ready to go. Does it matter that their address is a PO BOX and I can't send it recorded delivery?

[AndyOrch]

I would assume that the Sols are Lowell's own in house sols.....so send it to the claimants address.

[pickpocket]

Good thinking. Thanks

[pickpocket]

Could someone please just confirm I have my maths correct here for filing of defense? I have it worked out at 28 days from date of service, 6/04/16 so needs to be filed by 4th May 16?

[AndyOrch]

Friday the 6th May is the last date to submit by.

 

Andy

[spacedood]

Thx

[AndyOrch]

Thx

 

[pickpocket]

Who on earth is spacedood?? Thank you for confirming.

[AndyOrch]

Who on earth is spacedood??

 

I wonder ?

[pickpocket]

Just a very quick update. No response from the Sols, wasn't really expecting one.

[pickpocket]

Letter arrived this morning from Lowell Sols.

 

Verbatim

 

"Thank you for your letter of 9th April 2016

 

We can confirm that your request for documents has been forwarded to our client and we will forward the documents to you upon receipt however it is unlikely to be within the seven day deadline of your letter.

 

Please be advised that this account is a telecommunications account and therefore is it not regulated by the Consumer Credit Act 1974 and so consequently our client is not under an obligation to provide a copy of the agreement.

 

Please note that legal proceedings have now been issued and we confirm receipt of your Acknowledgement of Service on the 14th April 2016. From this date you have an extra 14 days to file a response to the claim form.

 

If this is not done a County Court Judgement may be entered against you.

 

We look forward to hearing from you."

 

As they have referenced an "Agreement" in their POC, surely they are obliged to provide one? Not getting hung up on this but it just seems as though they don't have a clue what they're doing.

[AndyOrch]

Agreement...contract...either way it is not regulated as stated in their response...so you should have removed it from your CPR 31.14 request.

[pickpocket]

Yeah, fair enough. Does seem that wording of the POC should be more accurate. Either way, not an issue. I've pretty much drafted my defense, would you have a look over it?

[AndyOrch]

Sure...

[pickpocket]

Thank you Andy,

 

Please see my defense below, I would be grateful if you would give it a once over for me?

 

"Me Lowell Solicitors Ltd

PO Box 1419

Northampton

NN2 1BU

Claim Number: XXXXXXXX

Sir,

Please find below my defence in regards the case of Lowell Portfolio 1 Ltd ‘v’ “ME”

 

1. Paragraph 1 - The Defendant contends that there had been some dealings with Orange in the past but denies any such agreement with the Claimant, the particulars of claim are generic and vague in nature and as such the claimant must particularise it’s claim in full. The defendant denies having entered into an agreement with the claimant but had previously had dealings with Orange on a Contract for Services basis. The Claimant is yet to disclose any such “Agreement”.

 

2. Paragraph 2 – The defendant denies being served with any such default notice.

 

3. The defendant denies owing any monies to the Claimant and denies any such notice being received. The Claimant is put to strict proof to:

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

(d) put to strict proof to provide assignment in writing signed by the assignor at time of alleged assignment.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of cliam.

 

On the alternative, 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 1925.

 

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.

Yours faithfully

ME

Cc – Northampton County Court Bulk Handling Centre"

 

PP

[AndyOrch]

Particulars of Claim

 

(1) - The defendant entered into an agreement with orange under account reference xxxxxxxx ("the agreement").

(2) - The defendant failed to maintain the required payments and a default notice was served and not complied with.

(3) - The agreement was later assigned to the Claimant on 19/06/2014 and notice given to the Defendant.

(4) - Despite repeated requests for payment the sum of £176. remains due and outstanding.

 

And the Claimant claims;

(a) The said sum of £176.

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.039, but limited to one year, being £14.12

© Costs

 

What is the value of the claim? - - £266

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.Paragraph 1 It is accepted that a contractual relationship did once exist with orange on a Contract for Services basis in the past, but I do not recall any alleged balances outstanding with particularity.

 

2.Paragraph 2 – The defendant denies being served with any such default notice.

 

3.Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

 

Therefore the defendant denies owing any monies to the Claimant 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;

(d) put to strict proof to provide assignment in writing signed by the assignor at time of alleged assignment.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

Notwithstanding the above should the alleged amount claimed include 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.

 

On the alternative, 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 1925.

 

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 mobile Phone defence...you do not require address and yours sincerely etc if submitting through MCOL....just the above as it is...if you are in agreement.

 

Regards

 

Andy

[pickpocket]

Thanks. This is more streamlined and to the point. Appreciated. PP

[AndyOrch]

no need to submit the red particulars.

[pickpocket]

Thanks, I got that part....

[pickpocket]

Had a letter from Lowell Sols which basically says they have had no response and no reason from me for not making payment or why I shouldn't have to.

 

I'm questioning myself here now but there no need for me to send the defence to Sols is there? Submission final date is Friday.

[AndyOrch]

Northampton send a copy of your defence to the claimant.....it will be a computerised threat o gram.....ignore.

 

Andy