Lowell claimform - old Orange Mobile 'debt'

[Adel2978]

Hi evreyone

 

I received a letter from the the county court asking me to pay £471 to lowell who bought the debt from orange!

if i dont a judgement may be entered against me...

 

Back to june 2013 i went back home for 15 days

when i came back to London i received an orange bill of over £200,

i called them asking why the bill is higher then usual,

they said i used roaming !!!

 

before flying to my distination i called orange to ask for the roaming prices abroad and because was expensive i didnt take it so i used the wifi .

 

I refused to pay the extra for something i havent used,

they offered me to pay half of the bill but i insisted to pay only my monthly bill as was on the agreement.

 

i called orange costumer service again because they discounted me from makjng calls explianed them again that j will pay only the monthly as we agreed and i requested a call back from a manager but the call didnt come for next 6 days so i switch to an other network!

 

Please any suggestion as i checked my credit score today was 2/5 !

 

Thanks

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to our Financial Legal Issues Forum, you should get some help shortly.

 

Regards,

 

Scott.

[dx100uk]

what do you mean you have a letter

you mean a claimform?

[Adel2978]

Yes a claim form

[dx100uk]

can you fill this link out please

copy the Q's and your responses and post them back here for further advice.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[Adel2978]

Name of the Claimant ?lowell portfolio 1 ltd

 

Date of issue – 16/03/2017

 

What is the claim for –

 

1.The claimants claim is for the sum of £357 being monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE limited under acc ref .......and assigned to the claimant on 27/6/2013 notice of which has been given to the defendant

 

2.The defendant failed to maintain the payment under the terms of the agreement and a default notice has been served and not complied with

 

3.The claim also includes statutory interest pursuant to section 69 of the county courticon act 1984 at rate of %8 per annum a daily rate of £0.08 from the date of Assignment of the agreement to 27/06/2014 being an amount of £29.28

 

What is the value of the claim?£357 increased to £471 after interest

 

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. The debt purchaser who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? As far as i know no

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? As far as i know no i never heared of lowelll till i received the county court claim form

 

Why did you cease payments? Dont want to pay for something i havent used

What was the date of your last payment?April or May 2013

 

Was there a dispute with the original creditor that remains unresolved? Yes over the higher bill

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No

[AndyOrch]

Is that verbatim their particulars of claim ?

 

What is the claim for – the reason they have issued the claim? The claimant claim is due failed to maintain the payment under a mobile telecom agreement " orange mobile "

 

No account number no reference to the debt being assigned...no sec 69 interest calculation ?

 

Andy

[Adel2978]

Pariculars of claim :

The claimant claim is for the sum of £357 being monies due from the defendant to the claimant under a mobile telecoms agrreeemwnt regulated by the consumer credit act 1974 between the defendant and evreyyhjng evreywhere limited under acc ref .......and assigned to the claimant on 27/6/2013 notice of which has been given to the defendant

The defendant failed to maintain the payment under the terms of the agreement and a default notice has been served and not complied with

The claim also includes statutory interest pursuant to section 69 of the county court act 1984 at rate of %8 per annum a daily rate of £0.08 from the date of Assignment of the agreement to 27/06/2014 being an amount of £29.28

[AndyOrch]

Thank you Adel

 

Its vital we have every word of the claimants pleadings down to the last full stop...if you shorten it your defence will be incorrect.

 

Regards

 

Andy

[Adel2978]

What you suggest in this case....thanks

[AndyOrch]

Follow the instructions contained within the claim pack and register to use MCOL so you can acknowledge service and submit your defence on line.

 

You have 19 days to A o S 16th March being day 1....if you wish to defend the matter in full state so when acknowledging the claim..you then get a further 14 days to submit your defence (33 days in total)

 

Go back to the above link that you completed and follow the instructions with regards to sending the claimant a CPR 31.14 request.

 

Once all the above is complete ..just keep your eye on your defence due date.

 

Andy

[dx100uk]

urm the old covered by the CCA

 

 

so did you sign a credit agreement? I bet you didn't!!

[dx100uk]

as the POC also says its regulated CCA

 

id be doing all below:

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[beerme1664]

Take a look at my thread here,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475078-Lowell-claimform-old-T-Mobile-debt&p=5009920#post5009920

 

I'm a bit further along the process than you so you can get an idea of what may need doing. Also read other threads as there are many successful defences and it will keep you grounded.

[Adel2978]

What do you mean by credit agreement?

 

Thanks...much appreciated

[dx100uk]

their poc states

under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE limited under acc ref

wrongly states that, but use it to your advantage in your defence

as they obviously don't know what they are talking about....

 

 

as for beerme1664 thread

that's a different poc to yours

[Adel2978]

Hi

 

Just to let you know that i called ofcom who advised me to call ee executive office as first step which I did today ,the lady I spoke with says the bill of £260was on September 2011 and orange sell it to lowell on July 2013, when i t old her that I requested a call back from the manager to sortout the porblem and no one called back, I was disconnected from orange network without any notice, her response was she cant do anything about it and i have to deal with lowell!

At the beginning she refused to give me any information saying that her systems can check only 2 years back till i insisted!

[dx100uk]

Doesn't matter

Did you get post 13 done?

[Adel2978]

No yet as i was busy, hope i still have a time!

Thanks for your quick reply

[dx100uk]

So you've wasted 8 of your 33 days already

Its now another w/end so 3 more days gone

 

You now lost 1thrid of your time

 

Get that post done NOW

Post the letter off tomorrow before noon po counters are open to get the £1 po else its Monday

 

Mcol you can do now

[Adel2978]

Just done Aos online as requested,

What next? Do i have to send cca request the the claimant via post and also cpr to the solicitor as well?

Sorry to bother you again

[dx100uk]

all in post 13.

[Pepe2004]

adel2978..

..please take time to read posts and make notes when you have read the relevant ,

 

 

one thing i found out in the early part of my case

i waited till the 11th hour to ask for advice and it was stressful

 

 

however as my case proceeds i am now on top of it and read other posts so i can prepare for any more letters etc that arrive ...

 

 

..As Andy states Knowledge is power ,

,good luck read my posts as well so you can see what is coming down the line and you are prepared