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Lowell/cohen claimform - old orange mobile 'debt'***Claim Discontinued***

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I received a POC from Cohen /Lovell on an old orange account

 

Submitted acknowledgement of service via MCOL,within the time frame

 

,i have now as i understand it to be , to also submit my defence before 28 days via MCOL

1:Whilst reading the posts i also have sent a CPR 31.14 request to the solicitors

2:Sent a Consumer Credit Act 1974 request to lovell included £1

3:Sent a SAR to Orange included £10

All above sent and awaiting responces

 

Today received a letter from solicitors of claimant stating the following:

 

NOTICE OF PENDING CCJ

You are aware that we have issued legal proceedings against you in the Northampton court

As you have failed to respond with proposals for payment or provide any valid explanation why the debt should not be paid ,we are now instructed to enter judgment against you

 

I order to prevent judgment from being entered ,you should pay £xxx within the next 7 days

Received letter on the 10th Feb and have till today as per date of letter if i take the 7 days counter

Any advice would be helpful

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Thread moved to Financial legal Issues..please continue to post to your thread here.

 

Regards

 

Andy


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NOTICE OF PENDING CCJ

You are aware that we have issued legal proceedings against you in the Northampton court

As you have failed to respond with proposals for payment or provide any valid explanation why the debt should not be paid ,we are now instructed to enter judgment against you They cant...you have acknowledged the claim and submitted a defence

 

I order to prevent judgment from being entered, ( which they cant...see above... and are blatantly misleading you )you should pay £xxx within the next 7 days

 

 

Received letter on the 10th Feb and have till today as per date of letter if i take the 7 days counter

Any advice would be helpful

 

The above is a template threat they use when a claim is stayed in order to get you to panic as you are now

 

Andy


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They cant...you have acknowledged the claim and submitted a defence

 

I have not submitted the defence as yet

And yes it is panic on my part

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So lets get cracking on a defence and get it submitted...what date is on your claim form?

 

Can you read the following and then copy and paste the Qs and your responses back here to enable assistance with your defence.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp


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Name of the Claimant ?Lowell portfolio ltd

Date of issue – top right hand corner of the claim form – 13th january 2017

 

What is the claim for – the reason they have issued the claim?

.

1:The claim is for the sum of £510 due by the defendant under a Orange account with account reference xxxxxxxxx

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 27th sept 2013,notice of which has been given to the defendant

4:The claim constitutes statutory interest under S.69 of the county courts Act 1984 at a rate of 8 % per annum from the date of assignment to the date of issue of proceedings in the sum of £41

The claimant claims the sum of £551

What is the value of the claim? £681

 

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? 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?

Honestly cannot remember if i did receive a notice of assignment

 

Did you receive a Default Notice from the original creditor? Cannot recall this

 

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

 

Why did you cease payments?

Dispute with contract as lost my job and was unemployed from 2009 to 2014 so could not make any payments

 

What was the date of your last payment?

cannot recall hence i submitted a CPR 31.14 On the 30th january 17

 

Was there a dispute with the original creditor that remains unresolved?

Lost my job and was on JSA so could not pay ,asked to stop contract as could not afford it ,also asked them to send me what balnace they had ,they only told me on the phone ,cannot recall what the balance was

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan?

Spoke on the phone to say i was unemployed and was in financial difficulties ,arrears on mortgage ,utilities etc they did not want no about debt management plan

What you need to do now.

I have already sent on the 30th jan 17 recorded delivery the CPR 31.14 to solicitors,and have not received anything back ,all i got was the template letter from number 1post.

Sent Consumer Credit act 1074 to the solicitors to pass to lowell with £1 ...no replies to date

Sent SAR to orange customer services address

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Okay so your defence is due tomorrow.......

 

Couple of points...you cant utilise a section 78 request for a mobile phone agreement/contract...they are not covered by the CCA1974.

 

In the meantime ring Orange using the account number and ask if they can tell you the last date of payment.

 

Regards

 

Andy


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get on the phone to orange PDQ

last payment date...

 

 

its better to file the Statute Barred defence if we can rather than the one on that other thread you've posted on.

as SB will kill the claim dead

dx


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thank you will be on the phone to Orange now EE to get last payment date ,and get back to post

 

called orange they refuse to give me last payment date or amount paid ,they said call debt collection agency who they were not prepared to say who they were .....

 

do i call lowelifes to get this info ,i will wait your advice

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NO!!

you never call a fleecing DCA

they are not bailiffs

 

 

go ring orange/EE again ask why they wont give you the Info

under dPA law they MUST hold data for 6yrs.

 

 

 

dx


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Orange said to call lowell to get last payment date as account is closed and they dont have access to it ....

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^^sorry missed your other post

 

under dPA law they MUST hold data for 6yrs.

 

so go ring again and ask what does closed mean?

does that mean its outside of 6yrs?

 

dx


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ok i have not called DCA,so where do i go now as orange stating account closed they do not have access .

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Well the debt was assigned to this crew in Sept 2013...3 years 4 months a go...do you not recall when you entered the agreement ? You state you was unemployed from 2009...did you stop payments same year...if so its statute barred.


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ok will call again and state 6 year data held ,no surprise i did not receive anything from orange despite sending SAR

 

i think i stopped payment once i was unemployed but not really sure ,

i understand its not much help .

 

Called orange again and they cannot tell me anything ,and stated they cant tell me anything ,and hung up the phone

 

called again same thing different operator stating we dont have that account on our system and cant help you

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anything on your credit file?

 

check them ALL

noddle clearscore Experian Equifax all I think are now free

 

sometime there is a payment history


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And with respect Pepe you have had this for over a month now and left it until the day before your defence is due.....


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thanks ,will check when home and post

 

yes ,you are absolutely correct ,facing the chamber and crying for help as they say

 

checked credit files as follows:

Equifax :account started 3/11/2010 default date was 05/03/2012

default delinquent £312

date another update on the credit file shows 08/02/2017

Current balance £680

 

Experian states account started 3/11/10,

default 05/03/2012

default balance £312 ,

Balance amount £509

updated 01/12/2013

 

hope this helps

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look on noddle please

 

 

there is usually payment history under the pulldown menus


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checked noodle just states default since dec 2013

 

checked all credit files no last payment dates ,only Default 5th march 2012

 

they dont appear on Noodle file,sorry should have said earlier

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checked all credit files no last payment dates ,only Default 5th march 2012

 

So you continued paying a further 3 years whilst unemployed ?


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yes i continued to pay ,as needed phone for interviews etc .as did not have a landline whilst i was applying for jobs .

 

this was from my JSA payments which i was receiving

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Okay well I think we can rule out statute barred.

 

You will have to submit a holding defence which puts them to strict proof...plenty of examples in the Legal Success Forum.


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ok ,i will look at those now

 

Okay well I think we can rule out statute barred.

 

You will have to submit a holding defence which puts them to strict proof...plenty of examples in the Legal Success Forum.

 

Any ideas which success legal forum will be relevant to my case as i do not want to send a wrong one ,if you could assist i would be grateful ,i will then enter the amounts ,and relevant info to my defence

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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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