Lowell Claimform - old Orange mobile debt - CPR return stating wrong amount last paid, Defence

[Mikelary]

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 17 July 2017

 

date to submit defence 19 August2017

 

What is the claim for –

 

1) The Defendant entered into an agreement with Orange under account reference ..... ('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 18/12/2013 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £465.45

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 £0.102, but limited to one year, being £37.24

c) Costs

What is the value of the claim? £632.69 including court fees

 

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. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim.

 

Did you receive a Default Notice from the original creditor? I don`t think so.

 

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

 

Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure.

 

What was the date of your last payment? 26th April 2012

 

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 plan? No.

 

Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do.

I`ve got this county court claim that came through (22/07/17) as stated above

I have gone through the necessary steps as stated in previous cases,

that is Acknoweledgement of service (26/07/17),

CPR 18,(27/07/2017) and now I am preparing my defence.

My question is to do with the reply for the CPR I got from Lowell Solicitors,

I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey).

Will post attachment if needed.

 

My first question is,

in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month,

should I mention this in my defence and if I should how would I word this properly?

Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter.

Your assistance will be greatly appreciated .Thanks

 

 

Mike

[dx100uk]

you ideally should have sent a CPR 31:14.. but never mind.

 

the fact that you paid within 6yrs negates the SB argument so even though they are stating a wrong amount, its immaterial.

and so is the NOA's, they are allowed to post on behalf of the OC, even if it look dodgy.

 

I wold suggest that this debt is the result of charges for airtime till the end of contract, which ofcourse you never used as you'd cancelled?

[Bazooka Boo]

But you say you ended the agreement in line with their own T&C's??

 

How long was the contract you took out? 12/18/24 months?

 

If you ended early, did they claim there was an amount outstanding??

[Mikelary]

you ideally should have sent a CPR 31:14.. but never mind.

 

the fact that you paid within 6yrs negates the SB argument so even though they are stating a wrong amount, its immaterial.

and so is the NOA's, they are allowed to post on behalf of the OC, even if it look dodgy.

 

I wold suggest that this debt is the result of charges for airtime till the end of contract, which ofcourse you never used as you'd cancelled?

 

Yes Lowell did state in their reply that it`s an airtime debt.

 

But you say you ended the agreement in line with their own T&C's??

 

How long was the contract you took out? 12/18/24 months?

 

If you ended early, did they claim there was an amount outstanding??

I don`t remember really 18 or 24 but the agreement was to pay an extra months charges and that would be that if I remember correctly.

[dx100uk]

your defence is due Friday by 4pm online at mcol.

 

there are numerous threads here with the mobile holding / no paperwork defence with sum being till end of cancelled contract

 

use the search CAG box of the top red toolbar

 

Lowell claimform mobile

[Mikelary]

I`ve been searching through previous threads looking at which cases are most similar to mine and I have found a couple that I am using as a template for my defence. Quick question, do you think I should mention that I sent the CPR18 knowing now that it`s the wrong request but they still replied it?

[Andyorch]

CPR 18 is not applicable to small claims track ( Less than 10k)

 

Thread moved to Financial Legal Issues.

 

Regards

 

Andy

[Bazooka Boo]

I don`t remember really 18 or 24 but the agreement was to pay an extra months charges and that would be that if I remember correctly.

 

So you don't have that in writing then............and you can guarantee they'll deny all knowledge of it.

[dx100uk]

send a CPR 31:14 tomorrow

don't mention the 18 in your def just the 31:14 you are sending

 

 

post up the defence here first