Lowell/Lowells Solicitors Claim form - old Orange mobile 'debt'***Claim Discontinued***

[dx100uk]

if any company reports more than 6 missed/late/no payment in a row

the credit file providers automatically mark the account as in default

[mystirio]

ok thanks for clarifiction

 

heres my witness statment I know its crap however this is the first time

i have ever done one welcome to criticism:pray:

 

In the County Court of

 

Claim number

 

Between Lowell Portfolio Holdings Ltd (Claimant)

and

xxxxxxxxxxxx (Defendant)

 

WITNESS STATMENT Of xxxxxxxxxx

 

I Being the the Defendant in the case will state as follows.

 

I hereby make this witness statement in support of my defence in the claim number

 

The claimant is a a buyer of bad or defunct debts which are bought on a mass portfolios of debts at a massed reduced cost of which the actual creditor have written off as a capital loss and claimed against taxable income.

 

On the 28 of February 2017 the defendant was issued with a N1SDT Claim form from the County Court Business Centre Northampton in respect of the above claim number. The defendant relies solely on the production of the particulars listed by the claimant in their particulars of the claim to defend this claim fairly.

 

In paragraph 1 the claimant refers to the agreement between the defendant and Orange under account reference number xxxxxxxxxx the claimant has yet to provide copies of the said agreement as mentioned in the claim form and under request for information of particulars of claim under C.P.R 16.5(3) .

 

In paragraph 3 the claimant refers again to the notice of assignment of the agreement and states notice given to defendant dated 10 July ,.The claimant did forward a copy of the assignment however this is formatted on a plain a4 paper with no official heading and a unrecognisable signature also there is no name printed to confirm signatures name ,states only Orange Customer Collections written beneath.

 

In paragraph 4 the claimant that that despite repeated request for payment the sum ofxxxxxxx remains due and outstanding

and the claimant claims the sum of xxxxxx

interest pursuant of s69 County Court act 1984 at the rate of 8% per annum from the date of assignment to date of issue accruing at a daily rate of £xxxxxxxxxbut limited to one year being xxxxxxx

 

the claimant was put to strict proof under CPR 16.5 as to show how the sum of xxxxxxxxxx has amounted to, if the alleged amount claimed includes an early termination charge(s) of the remaining balance then OFCOM guidance states that any Early termination Charges that is made up of the entire balance if the remaining contract is unlikely to be fair to take into account the fact the provider no longer has to provide and pay for the service .

 

Noodle credit file states that the default is that the opening balance is £ 639 and default balance is £639 how does the claimant clainm the fiqure of 2380

[dx100uk]

that's just your defence repeated...................

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=witness+statement+mobile&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20witness%20statement%20mobile

[mystirio]

looking at noodle the account number is diffrent to the one lowlife state sorted the one on the sar is the same noodle one must have their own number added on

 

second attempt at Witness Statement hope this is getting there:???:

 

In the County Court of

 

Claim number

 

Between Lowell Portfolio 1 Ltd (Claimant)

and

xxxxxxxxxxxx (Defendant)

 

WITNESS STATMENT Of xxxxxxxxxx

 

I Being the the Defendant in the case will state as follows.

 

I hereby make this witness statement in support of my defence in the claim number

 

The claimant is a buyer of bad or defunct debts which are bought on a mass portfolios of debts at a massed reduced cost of which the actual creditor have written off as a capital loss and claimed against taxable income.

 

On [date] the defendant was issued with a N1SDT Claim form from the County Court Business Centre Northampton in respect of the above claim number. The defendant relies solely on the production of the particulars listed by the claimant in their particulars of the claim to defend this claim fairly.

 

On March the 3rd I sent a request for CPR 31.14 for the disclosure of Documents mentioned in claim form.

Bundle 1 copy of letter CPR31.14

 

I received from the claimant a Copy of the notice of assignment however this is formatted on plain a4 paper without any official heading and a unrecognisable signature also there is no name printed to confirm the persons identity only orange customer collections this document dated 10 July 2014

 

I also received letter stating that orange had sold the account to Lowell Portfolio Ltd where they refer again to Agreement number ****** this document dated also 10 July 2014.

 

I checked my credit account with noodle to clarify the amount that the claimant stated however the default amount is for £639 the claimant claim £2,218.38 plus interest court fees legal fees therefore the remainder £1579.38

Bundle 2 copy of noodle report

 

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.

 

The claimant has yet to supply how the amount they claim for is constructed.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?473209-Lowell-BW-legal-claimform-old-o2-mobile-debt-(2-Viewing)-nbsp&p=5026288#post5026288

 

 

post 52

[mystirio]

notice of transfer of proceedings today transfered to local c court

 

can i represent my wife in court if so how do i do it

[dx100uk]

Sadly no unless medically unfit

But transfer doesn't mean its going near one...

[mystirio]

anothe rgo get it right in the end

 

In The ######### County Court

Claim Number###########

 

 

BETWEEN

Lowells Portfolio 1 Ltd

Claimant

 

 

AND ##############

Defendant

#############

 

 

WITNESS STATEMENT OF #############

 

 

I ####### begin the Defendant in the case as follows.

 

 

I make this Witness Statement in support of my defence in the claim \numbered above

 

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios

of debts at a much-reduced cost to the amount claimed and which original creditors have already wrote off as a capital loss and claimed against taxable income.

 

 

2. As an Assignee or creditor as defined in section 189 of the CCA this applies to this new requirement

on assignment of rights. This means that when an assignee purchases debts or otherwise acquires rights under credit agreements)it also acquires certain obligations to the borrower including the duty

to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

 

3. On or around the 2nd of March 2017 .I received a claim from the County Court Business Centre Northampton ,for the amount of £2580.85 the claimant claim is for sum of £2395.85 in respect of monies owing under an alleged agreement with Orange the account reference number ############# .

 

 

4.Contained within the claimants particulars, the claimants pleads that the defendant has failed to make the required payments and the service was terminated .There is no details contained within the particulars of the claim how the sum claimed and has accrued. The claimant is put to strict proof how the sum has accrued. If the sum includes a early termination fee then OFCOM guidance states that any early termination is made up of the balance if the remaining contract is unlikely to be fair as it fails to take into account the fact the provider did no longer has to provide and pay for their service.

 

 

5.The particulars of the claim state that the agreement was assigned to the claimant Lowell Portfolio Ltd Ellington House,9 Savannah Way,Leeds,West Yorkshire,LS10 1AB.and that notice given to Defendant. The Claimant is put to strict proof to evidence the details of assignment.

 

 

6.On the 4th of March 2017 I sent a written request for documents listed under particulars of claim under CPR.31.14 Exhibit 1

 

 

7.On the 6 March 2017 I received a letter from Lowell Solicitors, P.O Box 1419, Northampton,NN2 1BU stating notice of issue of claim. Exhibit 2

 

 

8. On March the 13 I received from Lowell reply to my CPR.31.4 ! Copy of Assignment and 1 copy of documentation regarding the balance. Exhibit 3

 

 

9 The claimant plead it case as the Defendant entered into an agreement with orange under account reference ####### I am uncertain as which this account refers to. It is accepted that I have had dealings with Orange in the past however I have no recollection the account number ###### the Claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement/contract on which its claim relies upon and it is requested that the court compels the Claimant to disclosure pursuant to CPR 31.5.

 

 

10.Until such time the Claimant can comply and disclose the agreement/contract or provide any evidence they refer to within the particulars of the claim,pursuant to CPR 31.5 it is respectfully request that the court dismiss the claim and any relief be denied.

 

 

Statement of truth

 

 

I ########## The Defendant believe the facts stated within this Witness Statement to be true.

Edited May 15, 2017 by Andyorch
Edited

[mystirio]

does this look ok to send

[AndyOrch]

Yes I have made a few slight edits to the above.

[mystirio]

the world is still of kind people you and dx are some of them

thanks

[mystirio]

back again when do I send witness statment and as andy said one to sol do i send one to court

 

thanks

[dx100uk]

when is your hearing?

 

 

dx

[AndyOrch]

Dates should be on your Notice of Allocation...the directions when to do what by what date ?

[mystirio]

not recieved that yet maybe I am a bit overworried in case i get it wrong

is there any dirty tricks that lowlife might try to use for me to look out for

thanks

[AndyOrch]

What date did you submit your DQ (Directions Questionnaire ) ?

[dx100uk]

i think you panicked when he got lowells one...

[mystirio]

true

 

i recieved a notice of transfer of proceedings dated 12 may

[AndyOrch]

true

 

i recieved a notice of transfer of proceedings dated 12 may

 

But not a Notice of Allocation?

[mystirio]

no not yet andy

lady for meditation last wed and said it would be transfered to local court

[AndyOrch]

back again when do I send witness statment and as andy said one to sol do i send one to court

 

thanks

 

So back to your initial Q

 

You wont know until you get your Notice of Allocation

[mystirio]

maybe i am a bit premature in my thoughts

 

ok sorted now it was before me in b/w

[mystirio]

letter today

notice of allocation of hearing

claimant to pay sum before the 19july trial fee of £170

hearing 16 august

witness statment to court/lowlife by the 16th august

 

when is the best to send after the 19 july to see if they will pay or what

thanks

[dx100uk]

oh yes!

and never file your WS first

[mystirio]

thank you