Lowells claimform - Orange Phone Debt***Claim Discontinued***

[Heretolearn]

or you mean the date you've GOT to file a defenceicon by? this

 

If I received the claim on 11/07 , my defence has to be in by the 11/08 / yes?

[AndyOrch]

or you mean the date you've GOT to file a defenceicon by? this

 

If I received the claim on 11/07 , my defence has to be in by the 11/08 / yes?

 

Already answered once in post #43 above

[Heretolearn]

Already answered once in post #43 above

 

Thanks

just getting my head around everything

[Heretolearn]

Hi

received letter today from lowerlls solicitors

 

one is on none headed paper from lowells dated 17/01 2017 introducing themselves as the debt owner saying they have bought the debt from orange which matches the claim form on stating they bought the debt on the 18/12/2016

 

second letter is notice of assignment also on none headed paper dated 17/01/2017 . supposedly from orange which differs from the claim form. it says "On 18/12/2016 your account was sold to lowell portfolio l Ltd

 

they are also saying

 

Please find enclosed a copy of the notice of assignment originally sent to you by our client( l never ever received anything)

 

And then the usual

i.e As the account is a Telecommunications account it is not regulated by the consumer credit Act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement or the default notice.

 

Underneath

 

It says

a request has been sent to the original creditor for a copy of the statement of account and this will be forwarded to you on receipt.

 

We note you have returned the acknowledgement of service.

This provides you 28 days from service date in this case being (date) to file your response to the claim.

 

Then the warning to do it within the timescale or receive cci

 

Can you advise guys what I need to next, do I wait for the O/C to send copy of the statement of account?

[dx100uk]

you don't wait for anything

that's a std Notice of Assignment thats all.

nothing you need to do or respond too..HOWEVER

 

 

what you don't do is miss your defence filing date whatever happens.

[Heretolearn]

you don't wait for anything

that's a std Notice of Assignment thats all.

nothing you need to do or respond too..HOWEVER

 

 

what you don't do is miss your defence filing date whatever happens.

Thanks, yeah definitely will not

[Heretolearn]

Okay guys

 

I am back

 

Defence has to be in by the 10th not 11th

So would the below be ok

 

Particulars of claim

 

1) The Defendant entered into an agreement with orange under account reference 12345678

(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 01/12/2016 and notice given to the defendant

 

4) Despite repeated requests for payment, the sum of £2,100 remains due and outstanding.

 

and the Claimant claims

 

a) the said sum of 2100

b)Interest pursuant to s69 County 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 £0.458, but limited to one year being £80.49

c) Costs

 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with orangeicon. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 14th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Contract/Service Agreement; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

8. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Defence is due Friday 11th...33 days from and including the date on the claim ....10th July.

 

 

Andy

[Heretolearn]

Updated the below

 

Can someone review...thanks

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held an account with orangeicon. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is noted, the claimant is put to strict proof to evidence any breach in the agreement and evidence any Intention to file a Default.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

5. On the 14th J 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has failed to date to respond to the CPR request.i.e no copy of statement of account from original creditor etc

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an Contract/Service Agreement; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

8. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

[fkofilee]

Ive subbed to this as i am very interested in your case.

Ill be watching

 

Your in good hands with Andy and DX - Make sure you dont forget to file the defense.

[Heretolearn]

Thanks, glad i got it up

[Heretolearn]

Have now put it up at mcol

[Heretolearn]

had a letter confirming acknowledging my defence, and that a copy is being served on the claimant ,

and i.e. the claimant may contact me to resolve any dispute informally ,

and if the claim cannot be resolved ,

the claimant will inform he wishes to proceed etc.

[fkofilee]

Normal - Let it run its course - Its now in the court of the Claimant... (Tennis Court - Youve batted it back to them.)

They may continue etc

[dx100uk]

they now have 28 days to do something

else it gets auto stayed

[Heretolearn]

Hi good day,

They (Lowells) have now come back and wrote to me with a copy of Directions Questionaire which they have lodged with the court, and advised me that a copy will be sent to me, I understand this is a settlement/mediation approach , not received anything from the court yet

[AndyOrch]

Partially ...the DQ is to allocate the claim to track and transfer it to your local county court...mediation is only one option on the N180

[Heretolearn]

So what would be the best move now...wait for the court to write to me...

[AndyOrch]

So what would be the best move now...wait for the court to write to me...

 

Wait for your N180 from the court...both parties have to submit one...assuming the claimant has told the court they wish to proceed......lowells send out completed N180 to defendants without informing the court they wish to proceed a lot of the time....and the courts no nothing about it.

[Heretolearn]

Wait for your N180 from the court...both parties have to submit one...assuming the claimant has told the court they wish to proceed......lowells send out completed N180 to defendants without informing the court they wish to proceed a lot of the time....and the courts no nothing about it.

 

I have a feeling this has happened....due to the fact the lowell letter came last friday.....

[AndyOrch]

The Court could be running behind and it may be legit...give it a few days

[Heretolearn]

The Court could be running behind and it may be legit...give it a few days

Ok thanks

[Heretolearn]

Still nothing from the Court...

[Heretolearn]

Ok now received letter from court, a N180, Also letter says take notice this is now a defended claim, the defendant has filed a copy which is enclosed (nope not enclosed)