Lowells claimform - old Orange mobile debt

[Csmxx]

Hi guys

I'm really hoping someone can help me.

 

Today I received a claim form from Northampton County Court stating I owe xxx amount for an old orange debt.

 

I am going to dispute this debt and know I have to fill in the AOS to give me additional time

 

I'm unsure what to put in the defence part.

 

I have checked my credit report and there is nothing on there showing this debt and it's stating the claimant "LOWELL" was legally assigned the debt in 2013.

 

Any help on this would be greatly appreciated as I know time is of the essence.

[unclebulgaria67]

Slow down, you have plenty of time before an initial defence is required.

 

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

 

If you look at the link above, it has a lot of useful info.

 

In the first post, there are questions that you need to copy/paste over to this thread and then to provide the answers.

 

I am presuming that you don't reside in Scotland.

[Csmxx]

Is this what I needed to answer for you??

 

Name of the Claimant ? Lowell

 

Date of issue : 9th June 2017

 

What is the claim for ?

Orange account with reference 720xxxxxx.

The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 23/06/2013 notice of which has been given to the defendant.

What is the value of the claim? £1214

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Guessing mobile

 

When did you enter into the original agreement before or after 2007? Not sure

 

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? No

 

Did you receive a Default Notice from the original creditor? Not that I am aware of

 

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

Why did you cease payments? No idea but must be years ago

What was the date of your last payment? Unsure

 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

[unclebulgaria67]

Ok, so acknowledge service online ticking defend in full. You don't need to enter a defence yet.

 

You really need to find out when you last made a payment towards this debt. If you last paid Orange, then you could phone them to find out. They will still have access to account information. Don't be fobbed off, by them saying that because the debt has been sold they don't have the information. All companies hold information for at least 6 years from the last activity and longer on archive.

 

If you last paid more than 6 years ago, you can enter a statute barred defence, but you need to be certain before doing so.

 

You can send Lowell a CPR 31:14 letter asking for a copy of the Orange agreement, Orange statements of account showing last payment made and notice of assignment. Here is the letter you need to amend to suit.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[Csmxx]

Thank you. Ill get that printed off tonight and send it recorded tomorrow and keep a copy for myself. I will phone Orange tomorrow too and try and get the information needed and give you an update.

[Csmxx]

Im in the process of filling in the AOS online. Do I need to tick the box to contest Jurisdiction?? Also if I do this online do I need to fill out the paper copy and send it to the court too??

[swisstoni]

Tick the 'I intend to defend all of this claim' tickbox...

 

Give Orange a ring quoting your account number asking for the last payment made towards the account - this is important towards your defence to see if it's SB'd

[dx100uk]

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 CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[Csmxx]

Brilliant thanks. I have done that and will contact orange tomorrow and also send off the cpr 31:14.

[dx100uk]

contact orange [EE] first

 

hold on the 31:14 till we know that outcome

 

not got bank statements or online access to them have you?

[Csmxx]

No because it was so long ago. I'm just waiting to finish work then will phone orange

[Csmxx]

Right I've spoken to orange and the last payment they received off myself was dated 30th September 2011. So where do I go from here?

[dx100uk]

CPR time then

[Csmxx]

Thank you. I'll get the letter sent out today recorded. At what date do I have to submit my defence? I did my AOS last night so that will be processed today.

[AndyOrch]

Thank you. I'll get the letter sent out today recorded. At what date do I have to submit my defence? I did my AOS last night so that will be processed today.

 

Tues 11th July by 4.00pm

[Csmxx]

Quick update.

I have received a reply from lowells solicitors as I sent off the cpr request and they have come back and said

"they have notified lowell of my request and documents in support of our clients claim will be disclosed on or before disclosure as directed by the court"???

What does this mean??

 

 

They have also said if I require a short extension of time to prepare my response to let them know and they may be able to help.

 

So the question is now what is my next move??

[dx100uk]

quite std

you need to read some threads and get upto speed

self help site too.. Csmxx

your profile shows me you've not read any other relevant threads?

unless you've done it when not logged in?

 

use the search CAG box of the top red toolbar

 

claimform lowell mobile

 

just don't forget your defence filing date

[Csmxx]

I have read through a few other threads when not logged in but to be truthful it actually confuses me.

 

Maybe it's me been a bit dumb hence me asking what my next move is supposed to be.

 

I know what date I need to send my defence back on.

 

The issue date is 9th June + 5 days= 14th June.

 

Then I have 28 days to do this is that correct?

 

Like I say forgive me if I'm coming across as stupid but I am genuinely panicking over the matter.

[dx100uk]

33 days from date on claimform where that date is ONE in the count

[Csmxx]

Thanks. What's the difference between a CCA request and a CPR request which I asked for? Or are they the same?

[dx100uk]

CCA they cant ignore

[Csmxx]

So would it be worth requesting that also even though I have sent off for the CPR do you think? Ps I really appreciate everyone's advice on here.

[dx100uk]

no its a mobile phone debt you cant send a CCA sorry

you've already sent CPR so that's all you need to do

 

 

holding defence , get that ready.

[Csmxx]

Thanks DX.

My guess is they will string it out but will look for a template on here about how they haven't sent out the relevant info I'm asking for etc and just hold out submitting my defence till about 2 days before the deadline.

 

 

I've looked through some other threads and I'm getting a bit more of a gist for it but still when you don't understand all the legal gargon its quite daunting.

[dx100uk]

there aren't template defences

but various ideas on a holding /no paperwork defence.

look for one that matches your POC [red bit]

 

 

that's the easy way.