Lowell Claimform - old Orange Mobile debt ***Claim Discontinued***

[deptor]

Thanks

[deptor]

Hi

 

I sent the Scotish SB letter and today I got a letter from them stating:

 

Subject to further clarification form the original creditor, we believe that the agreement terms and conditions stated that English law would apply.

 

S5 of the Limitation Act 1980 states an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

And they ask us to pay the balance otherwise they will take us to the court.

[AndyOrch]

If the agreement was signed /agreed in Scotland then it is covered by Scottish Law and the Prescription and Limitation (Scotland) Act 1973 applies not S5 of The Limitation Act 1980

 

https://www.legislation.gov.uk/ukpga/1973/52/section/6

 

Andy

[deptor]

Thanks for reply.

Yes It was signed when we were living in Scotland.

We had another contract 2 years before that when we were living in Brighton.

Then we moved to Scotland and the this contract was signed in Scotland.

 

So what shall we do?

We just ignore them?

Or should we do something else?

[AndyOrch]

If it is statute barred and you have checked the T&Cs of the service contract that English Law has no jurisdiction then ignore them.

[deptor]

I don't have the T&Cs of the Service contract.

I sent them the Prove it letter, and they replied:

 

"this not regulated by consumer credit Act 1974 and the supplier may not retained a copy of agreement and the agreement are deemed to be accepted when the seal on the SIM card is broken"

[AndyOrch]

Then go to their website and see if their T&Cs of business are posted...but as far as Im aware if a contract is agreed and signed in Scotland...then Scottish Law applies as does the limitations (or Prescription and Limitation (Scotland) Act 1973) in this matter.

[deptor]

In the website says:

 

22.7 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to.

 

However is says:

Our latest Pay Monthly Mobile Agreement (from 5 November 2015 onwards)

 

The contract was signed March 2012.

Should I reply to them and accept the payment? or wait for the court.

[AndyOrch]

" Contract made early 2012 in Scotland."

 

Well anytime soon it will be 6 years...so you can rely on both legislations...do nothing until/if they issue a court claim...then post back here.

[deptor]

When I sent the SB letter doesn't mean I acknowledged debt? I mean the 6 years won't be reset?

[AndyOrch]

When I sent the SB letter doesn't mean I acknowledged debt? I mean the 6 years won't be reset?

 

No

[deptor]

Today, I received a letter form Lowell with a copy of T&C, that's is not signed by me.

 

Lowell Solicitors referred to that copy:

 

"We have received confirmation from the original creditor that English law applies to this agreement.

Subsequently, we also confirm that the account is not statue barred.

We have enclosed a copy of the original creditor's terms and conditions for your reference.

 

We will hold the account for 14 days from the date of this letter (letter dated 19-Feb) to allow you time to provide us with your intentions towards the balance.

 

Should you fail to respond within this timeframe, our client has instructed us to re-initiate the Pre-Action process which could eventually result in a Claim form being issued to you incurring costs and fees.

 

Please note that once the aforementioned hold has ceased no further delays will be placed on the account."

[dx100uk]

What utter nonsense !!

There is no original creditor and no agreement - and no credit

It was a contract

[deptor]

What should I do?

[dx100uk]

Ignore them for now

[deptor]

Hi

I received a Claim Form today. could you please help me what I have to do?

[dx100uk]

moved to legals and retitled

[deptor]

Hi

 

Lowell submitted a claim to the court regarding and old O2 mobile contract and I received a claim form today.

 

Can anybody help me what I have to do now or how I can defend?

 

Thanks

[fkofilee]

Go here - https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

Copy 1st post and fill int he answers

 

Come back and well advise

[AndyOrch]

Threads merged.

[deptor]

Name of the Claimant ? Lowell Solicitors Limited

 

Date of issue – 23 Jul 2018.

 

Particulars of Claim

 

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

1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxx (‘The Agreement’)

2) The defendant failed to maintain the required payments and the service was terminated

3) The Agreement was later assigned to the Claimant on 31/01/2013 and notice given to the defendant

4) Despite repeated requests for payment, the sum of 757.55 remains due and outstanding

And Claimant claims

a) The said sum of 757.55

b) Interest pursuant to s69 Country Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.166, but limited to one year, being 60.60

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Not sure what is it. I received a letter headed “Pre-Legal Assessment “ dated 3-Nov-2017 , another one titled “Notice of Acting” dated 10/12/2017 and another one titled “Letter of Claim” dated 18/12/2017

 

What is the total value of the claim? 948.15

 

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

When did you enter into the original agreement before or after April 2007? After April 2007, I am not too sure. I don’t have the agreement. I guess around Jan or Feb 2012

 

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 issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No. They claims the sent it but I haven’t received any notice. (may be because of changing the address or postal issue, …)

 

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? No

 

Why did you cease payments? I had a dispute with O2 and they over charged me, and I had to leave the UK for more than 7 months

What was the date of your last payment? No payment at all.

 

Was there a dispute with the original creditor that remains unresolved? I didn’t have chance to discuss with them. I had another account with them, and I upgraded my mobile phone but they were charging me for both accounts and even more than the agreement with the sales member.

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

Edited July 25, 2018 by dx100uk
formatting

[AndyOrch]

Threads merged again...only 1 thread per issue please.

 

 

Andy

[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 start 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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[deptor]

Hi

 

I registered to MCOL, in notification area says:

 

A claim was issued against you on 23/07/2018

Notification that the claim against you was discontinued was received on 26/07/2018 at 19:06:23

 

 

And

 

Available options

The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time.

 

what does it mean? Means the claim has been withdraw? What shall I do now?

[fkofilee]

Yes claim has been discontinued - Wait for NOD