Lowell Claimform - old/unkown Orange Claim

[BBBAAA]

Hi there,

 

I need some help please. I have been receiving letters from Lowell portfolio about a mobile phone debt that I do not recognise. I wrote to them and asked them to supply information including the agreement so I could understand where this debt came from.

 

They did not send me the agreement, they only sent me some figures typed out which had my name and an old address at the top.

 

A couple of months pass and I receive a letter before action from Cohen Cramer solicitors, which I sent a CPR letter in response asking for proof of the debt. I again received no agreement.

 

I received a claim form a couple of weeks ago which I acknowledged.

 

I am really really worried about this now - can they actually get a ccj against me even though I’ve disputed the debt and asked them for proof.

 

If I pay the amount now will it still go to court. Will they discontinue the claim if I pay now?

 

Thank you!

[jon8214]

hi can you fill out the info from the following link please -

 

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

[Bazooka Boo]

DO NOT simply pay up, have you checked your credit files?

 

Have you ever had a mobile phone with the company they're claiming you owe?

 

Did you say that you were going to defend this on Mcol?

[BBBAAA]

Hi there,

 

Please find info below.

 

I have had a mobile phone with Orange but way back in like 2005-2006 and it was disconnected and moved to another network.

 

I have said I was going to defend the claim on MCOL.

 

 

Name of the Claimant ? LOWELL PORTFOLIO

Date of issue – 29TH MARCH

 

What is the claim for;

 

1.The claim is for the sum of £xxx.xx due by the defendant under an Orange account with an account reference xxxxxxxx

 

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

 

3.The debt was legally assigned to the claimant on 23/12/2014, notice of which has been given to the defendant.

 

4.The claim includes 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 these proceedings in the sum of £xx.xx

 

5 The claimant claims the sum of £xxx.xx”

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES

 

What is the value of the claim? £330

 

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

 

When did you enter into the original agreement before or after 2007? AFTER

 

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? Not originally however this has been sent in response to my CPR letter

 

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 AM NOT AWARE OF THIS ACCOUNT.

 

What was the date of your last payment? UNKNOWN

 

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 planicon? NO

Edited April 15, 2018 by dx100uk
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[jon8214]

can you call orange and find out the last payment date for this account as

 

you say you acknowledged the claim did you state your intention to defend?

 

when you acknowledged did you send a cca and cpr?

 

also can you redact and upload everything you have received

[BBBAAA]

Yes I stated my intent to defend. I spoke to someone at EE and asked for a SAR but it’s not going to be done for 40 days

[Bazooka Boo]

Check your credit file, see if anything is on there.

 

Hopefully lowlifes have picked up a lemon and will get their fingers burnt, and you can claim expenses dealing with their nonsense.

[jon8214]

phone and ask for last payment date they will give you it, you don't need a SAR you will be out of time by the time it arrives

 

can you answer the Q's in my last post as I edited it

[jon8214]

sorry forgot, CCA dont count for mobile accounts but did you send a CPR31:14?

[BBBAAA]

Thank you for the prompt replies.

 

I sent a CPR request but not a CCA as I didn’t think mobile phone accounts were regulated by the CCA?

 

How do I upload documents?

[jon8214]

your welcome

 

hover over the word upload and it will tell you

 

please upload as single page pdf

[dx100uk]

no please upload as ONE multipage PDF:lol:

[jon8214]

sorry dx thats what I meant lol

[BBBAAA]

Hiya,

 

Please find attached all documents so far in relation to this. The statement of account they sent is very vague and doesn’t allow me to verify anything at all.

 

They’ve not sent the agreement, which they will need in court?

 

Thank you for taking the time to look at this for me!

BBBAAA files.pdf

[jon8214]

they don't need an agreement as its a mobile account

 

we really need to know last payment date

 

orange/ee is still open phone and ask for last payment date

 

its also full of early termination fees what are not allowed

[BBBAAA]

I have never made any payment in respect of this account. The date of the last payment on the statement they sent is 02/09/2013

[jon8214]

so are you saying this is a fraudulent account?

[BBBAAA]

I’m not sure. I have had accounts with EE in the past but I don’t recognise this account. I had an account with t mobile back in 2005-2006 but I don’t know anything about this one.

[jon8214]

only thing you can do is go phone them and get as much info as possible

[BBBAAA]

Ok but obviously I still need to defend this claim in the meantime. Any ideas around forming that would be greatly appreciated.

[dx100uk]

don't worry about your defence yet its no due till the 27th

 

you say this was sent to your old address?

when did you move out?

and when do thet claim this account was opened?

[jon8214]

use the search bar at the top

 

loads of like claims

 

lowells mobile claim

[BBBAAA]

Just a quick one, I didn’t request a default notice in my cpr letter. Do you think I should ask for one?

 

I lived in this address for a few months in 2010 - obviously moving out way before the suggested start date of this agreement.

 

I appreciate that there are loads of sample defences posted on this forum, however they are full of terminology I don’t really understand, any help writing my defence would be greatly appreciated.

 

Thank you

[dx100uk]

Already answered about the defence in post 21

 

So this account is fraud then

[BBBAAA]

I believe so. I do not have any reference to this on my credit file, they can’t produce an agreement.

 

I had accounts with associated companies and as far as I can see this account was set up and no payments were made to it at all so that does suggest it was set up fraudulently, however because I had accounts with associated companies perhaps it relates to one of those, hence why I don’t want to just bare face deny it, I don’t want to be accused of perjury.

 

I have billions of things going on right now which is why I just want to get this boxed off so I don’t have to worry about it.

 

When do you think it is an appropriate time to start formulating a defence?

Edited April 17, 2018 by dx100uk
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