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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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Lowell/Lowells Solicitors Claim form - old Orange mobile 'debt'***Claim Discontinued***

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today received a letter from lowells Solicitors regarding an outstanding debt to orange

 

I received on prior to Xmas and asked them to supply me with the following

 

Contract/Agreement

Statement of Account showing details and dates of debits and credits

including

payments,

interest and

charges to the account and

the current amount outstanding;

Copy of Default notice,

copy of formal demand;

and where the debt has been sold,

copies of letters from original creditor stating that,

plus letters from current creditor stating that

 

the reply is as follow ,

 

As this is a telecommunication account it is not regulated under the consumer credit act1974 therefore the original creditor is not obliged to provide you with a copy of the agreement.

 

The default notice would have been sent to your address at the revelant time

 

.We have requested a copy of the account statment and will forward this to you upon receipt .

 

We can confirm that the account was taken out on sept 2008 with mobile number -------------- and defaulted on the 15 oct 2013 due to non payment .

 

the last payment was made on March 4th 2013 for the amount of £220.83

 

.Please contact us with suitable repayment plan within 14 days to confirm your prefered method of payment and date from the options located on reverse of this letter

 

.if no response is received a claim form may be issued incurring costs

 

.If you do not respond to the claim we may apply for a CCJ which could impact any future credit applications mortgages or even some employment while it remains unsatified on your credit file.

 

Questions are as follows

 

is there a lawfull request to obtain the original agreement or are they allowed not to disclose this.

 

Also I do not recall ever paying this amount so I will be checking with my bank to verify this .

 

Am I allowed to have the requested items I did ask for.

 

Anyone posssible to help out on this one please.

 

Thanks

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you can request what you like

but sadly theres no consumer credit agreement so you cant force them to disclose

its a request.

 

id be proving that payment and the ones beforehand too.

 

tell us about the contract you signed up too?


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cheers for that

i will contact bank tommorow about that payment

 

 

regarding contract i do not know what contract it was

 

 

surely they have a legal duty to supply you with a copy of their contract or you could be paying for something you didnt ask for or get

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Did you have a mobile phone with Orange/EE?

 

Is what you posted in #1 verbatim as to what you requested from lowlifes?

 

Mobile phone contracts, are simply ''service agreements'' UNLESS (as is the case with O2) they split the service agreement, and give you a handset under a credit agreement.

 

A statement of account, 'should' be sent annually either by the OC or the goons chasing for your hard earned.

 

Most of the other info you requested would need to be sent to the OC under a SAR (£10) which would/should get you the full run down of the account.

 

TBH the response you got from lowlifes is pretty standard, and looks like it hasn't been read by at all, least of all by an adult.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

 

No just request the DSAR...your not obliged to inform Lowell of anything...the debt has been assigned to them all they have is your name and address and the amount outstanding and who they bought it from.......they dont have or hold any documents.

 

Regards

 

Andy


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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

 

Yes agreed, you are under absolutely NO legal requirement to inform lowlifes of anything, send of the SAR with a £10 postal order (leave it blank).

The SAR is here http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

Obtain ''proof of posting'' as a minimum, if you can afford it, send it by recorded delivery, they have 40 days (calender) in which to comply with your request.

 

Ignore lowlifes, all of their letters are spat out of their computer at regular intervals, writing to them won't do anything to stop that. Just ignore them.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for that from both of you question do i send it to orange or ee as now known and if so have you an addresss please

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Customer Services

EE

6 Camberwell Way

Sunderland

Tyne and Wear

SR3 3XN

United Kingdom

 

 

I 'think?' that is the address, I pulled it off their website anyhow.

 

Address it to the ''data controller''.

State that it is for an Orange account in the SAR, ignore lowlifes totally.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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update

today again 2 letters in same envelope one from lowells and one from lowells solicitors

one from lowells saying it been passed to their solicitors

and one from their solicitors saying it has not been paid yet reply or leave well alone???

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not a lot you can do really if they are going to issue a claimform no-one can predict really.


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You ''could'' respond with one line,

 

Dear Bill&Ben,

I am awaiting a response from Orange, they have 40 days in which to respond.

Regards.

PRINT NAME.

 

OR, you could just ignore them totally, I know what I'd do, their intimidation techniques are puerile, don't fall for them, they are deliberately designed to get you to contact them and trip yourself up.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yet another letter from lowlife letter of claim nothing heard from me in 14days then they will commence cc action any advice please:-(

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no read it properly

bet it doesnt say WILL anywhere


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we have not heard from you regarding your orange account and are instructed by our client, Lowell Portfolio to commence legal action and issue a claim against you in county court bulk centre in respect of this debt

 

you must contact us to make arragments to pay within the next 14 days or a claim WILL be issued without further notice to you.

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well that's the pot luck letter I mentioned they might send.

 

you could get a claimform you might not.

 

theres no way of knowing.

 

but if the debt is mainly termination fees etc they'll get no where

 

did you ring ornage and check you were making payment till 2013 like lowlife claim?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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sorry for the late reply

 

I did check with bank

yes there was a payment made for the sum by direct debit

 

as this is my wifes bank account she cancelled it as it was always the same

however what i dont understand i have asked her this and she also says the same she had only one phone and that was a contract phone :mad2:

 

 

she does not think there was anything else involved but the price seems very steep for one contract phone

 

I have not phoned orange but have sent them a sar and awating this back question regarding sar what will that show?????:?::?::?:

 

delivered 25 jan signed for

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SAR will show you everything, all transactions, payments, bills, charges and will show you how the figure lowlifes state, has been made up.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for that

 

wondering why i am getting this mail straight after each other

 

i wonder if ee have told them i asked for sar to try and get it to court before i can see what what:?::?::?::?:

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or before it hits the shredder...

 

I doubt EE would be telling the DCA anything about your SAR

they wouldn't be the least be interested or involved in any court cases


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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wondering why i am getting this mail straight after each other

 

Because it is spat out by a computer, it doesn't know or care, what you are doing, least of all asking for a SAR.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi

just received the sar from orange ee

 

the debt to lowells is debt of air time 639.13

and contract charges of 1579.23

 

a load of other documents also found out my wife had 2 of my kids on account:x:-x

this is so confusing

 

what do i need to look at

 

ee states that they do not hold any original signed documents

 

that these original documents are no longer available

 

any advice please

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Air time being what you used? £693.13....

 

Contract charges £1579.23 how is this figure made up?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry for beign dum but i have a shred of idea i dont think i would have used 693.13 i take it that the contract charges are for the reminder of the contract would it say where these charges are

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I completely agree, so what is that figure they're claiming you owe??

 

IF it is indeed the ''remainder of the contract'' that they have added on, then it is a service they didn't supply, as you never used it, so you're not liable to pay this, you had no use of it.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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