Lowell Claimform - Old Orange Debt

[obsidian14]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 7 July 2017

 

Date to submit defence - 8 August 2017

 

What is the claim for –

 

1. The defendant entered into an agreement with Orange under account number XXXXXXXXXX

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

3. the agreement was later assigned to the claimant on 21/12/2016 and notice given to the defendant

4. despite repeated requests for payment the sum of £240.19 remains due and outstanding and the claimant claims

a) the said sum of £240.19

b) interest pursuant to s69 county courts act 1984 at the rate of 8% from the date of assignment to the date of issue, accruing at a a daily rate of £0.053 but limited to one year, being £10.37

c) Costs

 

What is the value of the claim? £325.56

 

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

 

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

 

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 - Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes - this has been through several debt purchasers

 

Did you receive a Default Notice from the original creditor? Can't remember, presumably yes

 

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

 

Why did you cease payments? The original contract (2 years phone + service) had been paid, Orange took unauthorised/disputed payments; bank reversed transactions

 

What was the date of your last payment? Not sure, sometime around 2013

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

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

 

I have prepared a CPR13.14 request as per the instructions I've read. Is there anything else I need to know/do?

 

My mum is going out of her mind with worry about this. Your help is greatly appreciated.

Thanks in advance

 

 

Hello CAG, long time lurker, first time poster here

 

I've perused these forums for a fair few years now for help with my debt issues.

Keep up the good work and I intend to make a donation come payday regardless of the outcome of my case.

 

Pleasantries aside,

I've got a problem with Lowlife solicitors.

 

 

They've issued a County Court claim against my mother for an old junk debt with Orange that they've acquired.

I've filled out the MCOL forms as per instructions with the intention of defending all claims and completed the initial questions above.

 

 

Apologies if some of the information is vague/incomplete as my dear old mother has forgotten some of the relevant information.

[dx100uk]

hey welcome aboard

 

 

seems you've everything in hand.

 

 

tell your mum not to worry

rarely do we see these speculative claims over costs to end of contract succeed

 

 

can you expand on:

The original contract (2 years phone + service) had been paid, Orange took unauthorised/disputed payments; bank reversed transactions....

what was the nature of the dispute/these disputed payments reversed under the DD guarantee

as her bank obviously agreed they were wrong to take them by giving them back...

could be very useful defence ammo...

dx