lowell/carter claim form - sons Orange Mobile debt

[Zebedee]

Hi all

 

Im looking for a little help with a claim form my son received yesterday regarding an alleged account originally for an Orange mobile contract that was apparently assigned to or purchased by Lowell Portfolio I Ltd.

 

The only problem is he has never had an Orange mobile account.

 

In the Northampton (CCBC)

 

Issue date: 23 Oct 2013

 

The POC are as follows:

 

This claim is for 168.46 the amount due under an agreement between the original creditor and the defendant to provide finance/goods and/or services.

This debt was assigned to/purchased by Lowell Portfolio I Ltd on 07/09/2012 and notice served persuant to the law of property act 1925

 

Particulars:

Re: Orange

A/C No XXXXXXXX

 

And the claimant claims 168.46

 

The claimant also claims interest persuant to s69 County Court Act 1984 from 07/09/2012 to date at 8% per annum amounting to 15.13

 

Can someone advise on what he should put in his defense - obviously disagree with the claim but as they have said an agreement existed with my son (which did not) how do we find out about this agreement?

[unclebulgaria67]

It would be up to the claimant to prove that their particulars of claim are correct. So your Son could just acknowledge, ticking defend in full and then enter the defence as the defendant has never had any contract with Orange, therefore requires proof from the claimant that a contract with Orange exists in the defendants name.

 

I don't think your Son needs to go scrambling around to find out information. He should check his credit record to see what is on there. Perhaps it is not Orange, but someone that Orange has taken over.

 

When you Son enters the defence information then this will be sent to BC and it is up to them to get hold of the contract info, if they wish to take this futher.

[Zebedee]

I should also add he also received a seperate letter from Bryan Carter Solicitors LLP saying the following:

 

DATE: 23 Oct 2013

 

Our Client: Lowell Financial Limited

Account No: XXXXXXXX

Our Ref: LOW/XXXXXXXX

Balance: 248.59

 

Dear Mr XXXXXXX

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court.

You will receive the claim form in the next 48 hours direct from the court.

 

The claim form will show the following items have been added to the debt:

 

Principle balance: 248.59

Interest: 15.13

Court Fees: 50

Solicitors Costs 15

 

Outstanding balance to pay now: 248.59

 

You can telephone us on 0845 0349918 to discuss this matter.

 

Please note that the claim includes the additional items set out above which Lowell Financial Limited is entitled to recover. A proportion of any payment made may be allocated to your principal balance with the remainder being allocated to fees, costs and interest (if applicable). The principal balance only will be reflected on your credit file with the credit reference agencies.

 

If judgement is entered against you and remains unsatisfied it will remain on the Judgement Register for six years and you may have difficulty in obtaining further credit.

 

Yours sincerely

 

(some daft signature)

 

Bryan Carter Solicitors LLP

 

 

Now maybe its just me but I do believe Bryan Carter have a TARDIS into which they can see into the future becasue as I see it the alleged debt is for 168.46, but this letter has taken it as a given that judgement has already been made against my son because of the amounts they have listed - caused him a bit of confusion.

 

Can they do this?

Edited October 27, 2013 by Zebedee
keyboard cant spell

[unclebulgaria67]

No. Acknowledge the claim and defend in full.

 

Your Son could write BC to advise them that the court claim has been received and will be defended in full, because he has never had any contract with Orange. Ask BC to check with Lowell and to obtain a copy of the contract with Orange, including any payment details used to make any payments towards the contract and a statement of account.

 

Could this be a case of fraud, where someone has taken out an account with Orange in your Sons name ? Perhaps the person concerned could not obtain a contract in their own name and they have used your Sons details ? If the debt is showing on your Sons credit record, perhaps he should call Orange to make enquiries to find out out how this account was arranged.

[Zebedee]

Thanks for that unclebulgaria67, I'll do what you've said. Any direction on how we should word the defence staement?

Edited October 28, 2013 by Zebedee
typo

[Zebedee]

Also, can I ask - what does this bit mean?

 

"notice served persuant to the law of property act 1925"

 

I've tried to find out myself, but all I can find is in legal-speak which I don't understand! From what I can understand this is related to serving for property matters - does it still apply here? (may be a mute point as the claim form has been received - sent via ordinary post and not signed for though - but still, I'd like to know)

Edited October 28, 2013 by Zebedee

[unclebulgaria67]

Law of property act is quoted because Orange have sold the debt on to Lowell. So Lowell have rights to bring any court action, as if they were the original creditors.

 

The wording of the defence would be straightforward.

 

The defendant denies ever having any contractural relationship with Orange and therefore it is denied that any debt is owed to the claimant.

 

The defendant requires the claimant to provide proof of any contract in the defendants name, with full details of how the contract was arranged and a statement of account from the original creditors.

 

 

Can I suggest that your Son does check his credit record. If the debt is showing, perhaps he should contact Orange to find out whether any contract has ever been registered in his name at any addresses where he has been resident. It is apparently not uncommon for mobile phone contracts to be taken out by people in other peoples names. If this is so, your Son would need to ask Orange for details of how the contract was arranged.

[Zebedee]

Many thanks for this - my son lives with us so I'd know if he'd had a contract phone and he never has - only PAYG. I will get him to check his credit file though to see if anything is showing.

 

Once again many thanks for the help and advice.

Edited October 28, 2013 by Zebedee

[unclebulgaria67]

Many thanks for this - my son lives with us so I'd know if he'd had a contract phone and he never has - only PAYG. I will get him to check his credit file though to see if anything is showing.

 

Once again many thanks for the help and advice.

 

Do you have any members of the family, who may have taken out this phone contract in his name ? It is just that I have read of cases where younger siblings have applied online using their brothers/sisters details, because they were not old enough themselves to take out the contract. Some kids would just not know that this would not be a legal thing to do, as their interest in having the phone overides any thoughts of legalities.

[Zebedee]

No, I'd know and he is 23 years old and is our youngest (don't it make you feel old! )

[Zebedee]

Well now - he's spoken to Orange who will neither confirm or deny he ever had a contract with them, and have referred him to Lowell for any further information!

 

Should I send a CPR request to Bryan Carter to see what documents they have or have not got? On the claim form they seem to be relying on an agreement between my son and the original creditor. As Orange won't confirm a thing I'm a bit stuck on what to do next for him.

 

I have been having a look at previous CPR requests on here and have draughted something up.

[unclebulgaria67]

Well now - he's spoken to Orange who will neither confirm or deny he ever had a contract with them, and have referred him to Lowell for any further information!

 

Should I send a CPR request to Bryan Carter to see what documents they have or have not got? On the claim form they seem to be relying on an agreement between my son and the original creditor. As Orange won't confirm a thing I'm a bit stuck on what to do next for him.

 

I have been having a look at previous CPR requests on here and have draughted something up.

 

I don't think you can send a CPR31 request due to the low value of their claim. But you could send a part 18 request, asking questions about their particulars of claim.

 

Orange have a responsibility under Data Protection to answer any questions related to the data subject (your Son). They cannot legally tell you Son to contact Lowells. So your Son should phone them again to make a complaint. Ask them to refer to their data protection officer before they refuse again to provide basic information. Your Son can complain to the ICO if they refuse again to deal with his reasonable request.

[Zebedee]

They said they can't discuss the account because they asked for a password which he obviously does not know - so it seems there may be something with Orange, and referred him to Lowells. He's waiting to get his credit report so will have to see if its on there.

[unclebulgaria67]

They said they can't discuss the account because they asked for a password which he obviously does not know - so it seems there may be something with Orange, and referred him to Lowells. He's waiting to get his credit report so will have to see if its on there.

 

This is total rubbish and your Son should refuse to be messed around. I think he needs to be much more insistent that they deal with him properly. They don't need a password. If he provided his full name and address, they should be able to send him a letter in the post to his address, details of what Orange account he held with them. Usually when you set up an account with most companies, you give them various bits of information, so they can identify you when you contact them. So hiding behind some password is just silly.