Lowell/cohen claimform - old Orange mobile 'debt'

[LyndseyB]

Hi

 

I'm in need of some assistance for an orange debt which has been taken over by Lowells/Lucas Credit Services.

 

I have received a County Court demand from Cohen solicitors/Lowells.

I sent a CCA request off which has been returned by Lucas credit services saying due to it being a Mobile phone contract no such agreement exists etc etc.

 

I have acknowledged the court claim and need to issue my defence soon.

What is the next course of action for me to send off please

 

Thanks for your help

 

Lyndsey

 

sorry i mean i have received a County Court demand from the court not Cohen Solicitors

[Bazooka Boo]

Hello welcome to CAG...

 

Correct a CCA request is useless against a mobile phone contract, which is a ''Service Agreement'' (unless the handset is supplied under a credit agreement).

 

When di the claim drop on your doormat?

 

When did you acknowledge this claim?

 

Are you using MCOL?

 

Others will be advising you when they pick this up.

 

There is NOTHING to worry about, it's a poxy mobile phone debt.

 

Is there any other salient points regarding this agreement, who was it with, how much are they saying is owing, length of contract etc etc...

[dx100uk]

hi ya

 

 

can you fill this out please and post the Q&A back here

so we have all the correct info to advise you

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[LyndseyB]

Name of the Claimant ? = Lowell portfolio Ltd

 

Date of issue – 9th Jan 2017

 

Date to acknowledge) = 27th Jan 2017

 

 

Date to file defence = by 4pm 10th Feb 2017

 

What is the claim for –

 

1.The claim is for the sum of £227.07 due by the Defendant under a orange account with an account reference of XXXXX.

 

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 31st March 2016, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under s.69 of the county court Acts 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 £13.00

 

The claimant claims the sum of £241.06

What is the value of the claim? = £316.06.

 

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

When did you enter into the original agreement before or 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. - = Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? = We received a letter from Lowell which included a copy of an orange letter saying they sold the debt to lowells, this doesnt mention Notice of assignment nor have we received anything which needed to be signed for

Did you receive a Default Notice from the original creditor? = Honestly cant remember and cant see one in our paperwork, except a letter from Orange requesting payment

 

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

 

Why did you cease payments? = September 2014 due to dispute with orange

What was the date of your last payment? = Think was Sept 2014

Was there a dispute with the original creditor that remains unresolved? = Yes disputed amount

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? = No except phone calls to Orange disputing amount requested

[LyndseyB]

Hi

 

thanks for your reply..Ive put my comments after your question below.

 

Hello welcome to CAG...

 

Correct a CCA request is useless against a mobile phone contract, which is a ''Service Agreement'' (unless the handset is supplied under a credit agreement).

 

When di the claim drop on your doormat? 10th Jan

 

When did you acknowledge this claim? Yes

 

Are you using MCOL? Yes

 

Others will be advising you when they pick this up.

 

There is NOTHING to worry about, it's a poxy mobile phone debt.

 

Is there any other salient points regarding this agreement, who was it with, how much are they saying is owing, length of contract etc etc...

Ive completed the form DX requested

[LyndseyB]

I've wrote date of default down as 5th April 2015 but i cant find any letter to see where i have got that from, sorry

[dx100uk]

please note revised date of defence filing.

 

 

you indicate you had a dispute with orange

 

 

can you expand on that please

 

 

also, is that the POC as verbatim on the claimform.

[LyndseyB]

please note revised date of defence filing.

 

you indicate you had a dispute with orange

 

can you expand on that please

 

also, is that the POC as verbatim on the claimform.

 

Dispute was over what we owed to terminate the contract.

 

POC as follows exactly.

 

The claim is for the sum of £227.07 due by the Defendant under a Orange account with an account reference of XXXXX.

 

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

 

The debt was legally assigned to the claimant on 31st March 2016, notice of which has been given to the defendant.

 

The claim includes statutory interest under s.69 of the County Court Acts 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 £13.00

 

The claimant claims the sum of £241.06

 

 

 

 

Letter from orange which came with a lowells letter saying they took over the balance was £227.07.

[dx100uk]

have you sent the claimants sols a CPR31:14??

 

 

dx

[LyndseyB]

Hi

 

That's a fast reply

 

No not yet i shall get one sent off tomorrow if that's the next step. Just a quick read shows they have 7 days to comply so if that's the case and they don't i would include them not complying as my defence ?

 

Thanks for your assistance

[dx100uk]

well as part of your defence

its a request, theres no compulsion that they must reply.

 

 

another part of your defence will be the unfair termination costs/despute.

[pbaron]

Hi again

 

I received a letter from Cohen Cramer saying they acknowledge the CPR request and to still file defence etc and may agree to more time if required. I have also sent off the SAR to orange.

 

I'm now working on my defence so i can get it submitted in good time so i don't forget. Does the below look correct please ?

 

 

 

Particulars of the Claim

1. The claim is for the sum of £XXX due by the Defendant under a orange account with an account reference 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 XX March 2016, notice of which has been given to the defendant.

4. The claim includes statutory interest under s.69 of the county court Acts 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 £XX

5. The claimant claims the sum of £XX

 

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 on the 21st January 2017 as acknowledged by the letter received on the 30th January 2017 by the Claimants Solicitors. 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 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.

 

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.

[pbaron]

just to confirm im Lyndsey Bs husband and has posted this up for her as she cant get access when in work.

[dx100uk]

Delete the old embarrassed defence para 1

 

And use our opening lines on any defence here

[pbaron]

Delete the old embarrassed defence para 1

 

And use our opening lines on any defence here

 

 

Thanks DX but sorry was it meant to be a link as im not sure what you mean ?

[pbaron]

also i have wrote to orange and requested a SAR can this be noted on the defence ?

[dx100uk]

The Defendant contends that the particulars of claim are vague and generic in nature. 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 is 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.

[AndyOrch]

Just because they have failed to disclose it does not mean you didn't enter into it ?

[pbaron]

thanks for your help defence submitted will keep the thread updated

[AndyOrch]

If you could post a copy here of what finally submitted...otherwise further down the line we cant advise because we dont know what you actually submitted.

 

Regards

 

Andy

[pbaron]

If you could post a copy here of what finally submitted...otherwise further down the line we cant advise because we dont know what you actually submitted.

 

Regards

 

Andy

 

Ok Andy as follows;

 

 

 

Particulars of the Claim

1. The claim is for the sum of £XXX due by the Defendant under a orange account with an account reference of XXX

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 XXX, notice of which has been given to the defendant.

4. The claim includes statutory interest under s.69 of the county court Acts 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 £XX

5. The claimant claims the sum of £XX

 

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. 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 is 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 on the XX January 2017 as acknowledged by the letter received on the XX by the Claimants Solicitors. 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 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.

 

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.

 

NAME

[AndyOrch]

Well its fine except for your point 1...as previously advised...but you went ahead and submitted anyway....regardless.

 

Andy

[LyndseyB]

Well its fine except for your point 1...as previously advised...but you went ahead and submitted anyway....regardless.

 

Andy

 

Hi Andy

I've changed it haven't i from what was previously written and included what DX said or am i missing something ? I dont intend to not listen to advice when i've asked for it so if its not right it was a mistake apologies.

 

 

Was originally

 

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

 

 

Then Changed to

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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 is 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.

 

 

(think i know what you mean now, to remove fully paragraph 1 and use "The Defendant contends that the etc etc in its place ) bugger

Edited February 9, 2017 by LyndseyB

[AndyOrch]

I did mean your number 1

 

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

 

The following should be always used on all defences as the opening paragraph without number irrespective ...

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

Take a read of the last page of the following thread you will get the idea

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473615-Lowell-Claim-Form-Vanquis-Bank-credit-card/page2

 

Regards

 

Andy

[pbaron]

I did mean your number 1

 

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

 

The following should be always used on all defences as the opening paragraph without number irrespective ...

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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.

Take a read of the last page of the following thread you will get the idea

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473615-Lowell-Claim-Form-Vanquis-Bank-credit-card/page2

 

Regards

 

Andy

 

 

Ah now I understand thanks for that. Can't change the submitted defence now so will wait and see what happens

 

Thanks again for your help Andy and Dx100