Court Claim - Lowell / Orange - 22-8-2014

[Unregistered]

Received a claim? Yes
Issue Date: 22-8-2014
Amount approx: 650
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Orange

Particulars of Claim:
THIS CLAIM IS FOR 640 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR GOODS

THIS DEBT WAS ASSIGNED TO / PURCHASED BY Lowell Portfolio 1 Ltd ON 26/09/2012 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS
RE: ORANGE
A/C NO xxxxxxxx

AND THE CLAIMANT CLAIMS 647.40

THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 0.14)
FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 7.09

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CPR 31.14 request

Other Info:
I ACKNOWLEDGED THE CLAIM ONLINE WITH INTENTION TO FULLY DEFEND ON 28/8/2014, I THEN SENT CPR REQUEST TO BRIAN CARTER SOLICITORS AND RECEIVED A REPLY YESTERDAY FROM TO WHICH I WOULD REALLY APPRECIATE HELP TO RESPOND TO AND / OR WHAT MY NEXT ACTION SHOULD BE;

WE WRITE FURTHER TO YOUR LETTER.... REQUESTING DISCLOSURE UNDER PART 31.14 OF THE CIVIL PROCEDURES RULES.

WE CONFIRM THE CLAIM FORM WAS ISSUED BY THE COUNTY COURT BUSINESS CENTRE AND THAT THE COURTS PROTOCOL WAS FOLLOWED WHEN ISSUING THE CLAIMANTS PARTICULARS OF CLAIM. PRACTICE DIRECTION 7C POINT 1.4 (3A) ELIMINATES THE REQUIREMENT TO ATTACH THE DOCUMENTS TO THE PARTICULARS OF CLAIM WHEN THEY ARE ISSUED BY THIS COURT.

WE CONFIRM THIS MATTER WILL MOST PROPERLY BE ALLOCATED TO THE SMALL CLAIMS TRACK AS THIS IS A SIMPLE CONTRACTUAL MATTER AND PART 31 OF THE CIVIL PROCEDURE RULES WILL THEREFORE NOT APPLY. IT IS THE ORIGINAL CREDITOR'S POLICY TO ISSUE AGREEMENTS AT THE DATE OF THE CONTRACT AND STATEMENT THROUGHOUT THE DURATION OF THE AGREEMENT AND, IN THIS REGARD, WE ASK YOU TO REFER TO YOUR OWN RECORDS.

WE CONFIRM OUR CLIENT IS NOT AGREEABLE TO AN EXTENSION FOR FILING THE DEFENCE.

AS YOU WILL BE AWARE A CLAIM WAS ISSUED IN THIS MATTER ON 20/8/2014 PLEASE RESPOND TO THE CLAIM USING THE RESPONSE PACK PROVIDED BY THE COURT.

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

This is my post but I presume I hadn't signed in before posting.. apologies!

[Kati]

Re: Court Claim - Lowell / Orange - 22-8-2014

Hi special1 - thanks for clarifying that :tinysmile_twink_t2:

I'm sure a knowledgeable Beagle will be along soon to offer you advice.

Kati

[Amethyst]

Re: Court Claim - Lowell / Orange - 22-8-2014

Hiya, welcome and thanks for your post xxx

Bryan Carter & Lowell don't really like playing ball with evidencing their claims for money, and yes the letter you have had back from them is sadly par for the course, but they still have to show they have the right to claim the debt from you, and that the debt does exist - with mobile contracts the CCA doesn't apply however they should still be able to give you the agreement (as they rely on it in their claim) the terms and conditions and statements showing how the amount has accrued, as well as evidencing it is your debt.

So you're stuck with the small amount you know about the debt, it's for an old phone contract with orange.... what else do you know?

Have you had much in the way of previous letters from Lowell about this debt ?

Did you get a letter of assignment from Orange to Lowell ?

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

Thanks for responding... I recall having an Orange mobile contract but this was a long time ago, I'm guessing at over 8 years, so not sure if this is what they are referring to as I don't recall owing any money to them. I definitely have not received any letters from Orange stating that I owe them money, although, I have had requests for payment from Lowell's but I don't recall a specific letter of assignment from Orange to Lowell.

Was I correct in sending the CPR request? I don't quite understand why they say that the Part 31 will not apply if it is 'most properly allocated to the Small Claims Track'? Do I still file my defence with the CCBC? Sorry I just want to clarify everything rather than guess, I have no idea what I should be doing!

[Amethyst]

Re: Court Claim - Lowell / Orange - 22-8-2014

It's fine Okay so you think the debt is over 8 years old, if there is one, you've not had anything in advance of the court claim from Orange.

Yes you did the right thing sending the CPR request and yes you should be sorting out your defence..... let me put something draft together for you to work on to get started. Basically saying we don't know what it is, we used to have a orange contract back in 2006 but haven't heard from them for years and lowell have shown no evidence of the debt what it is or how it is made up.

[Amethyst]

Re: Court Claim - Lowell / Orange - 22-8-2014

Okay something like.....

1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2: This claim appears to be for a Mobile Telephone service agreement between myself and Orange.

3: It is admitted that the Defendant has previously entered into an agreement with Orange for provision of mobile telephone services, however the agreement ended, as far as I recall, in 2006.

4. It is denied that the Defendant is indebted to the Claimant, or indeed was previously indebted to Orange. Since the agreement ended in 2006 I have had no correspondence from Orange regarding any debt outstanding.

5: Therefore it is my contention that any debt would be time barred by virtue of section 5 of the Limitation Act 1980 in that there has been no acknowledgement or payment of any debt within the past six years.

6. The Claimant has not given me any information as to how any alleged debt has accrued so I am unable to assess if it is genuine.

7: If the Claimants case is that this is for any other debt then the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

8. The particulars of claim fail to state when the agreement was entered into and due to the length of time since the agreement I am unable to check the account number given in the Claimant's statement of case with my own records.

9. The Claimants statement of case states that the account was assigned from Orange to Lowell Portfolio 1 Ltd on 26/09/2012. The Defendant does not recall receiving notice of this assignment.

10: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the original agreement, assignment notice and [anything else you asked for]

11. Bryan Carter Solicitors has not sent any of these documents to me.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. It is denied that the Claimants are entitled to the relief claimed or any relief.


Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

Excellent, thank you so much Amethyst!

As I'm not sure of the date exactly should I include this? I can't find any paperwork and it well have been before 2006?

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

I entered my defence and have today received a letter from Brian Carter's saying that the claimant wishes to go ahead with the claim and they have notified the court. Does this mean I will have to go to court? Very worried now. It also says the Claimant in principle agrees to mediation etc.

[Amethyst]

Re: Court Claim - Lowell / Orange - 22-8-2014

Good stuff. That means the court will send you out an N180 directions forms to complete and transfer the case to your local court where the judge will eithe rissue directions or have a case management hearing depending on what the directions questionnaires say.

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

Good stuff. That means the court will send you out an N180 directions forms to complete and transfer the case to your local court where the judge will eithe rissue directions or have a case management hearing depending on what the directions questionnaires say.

Thanks for the info as always Amethyst, hopefully I won't have to attend court then! I received another letter today 'without prejudice' asking if I wish to settle and an Order for both parties to sign and return to the court.. cheeky so and so's!!

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

I've got a court hearing at the end of January and have to submit documents I will rely on ASAP but what exactly would these be? I submitted my defence which summed everything up so do I need to send anything further?

[special1]

Re: Court Claim - Lowell / Orange - 22-8-2014

any advice would really be appreciated, I have no idea what to do and my time is almost up!

[Amethyst]

Re: Court Claim - Lowell / Orange - 22-8-2014

Hi special1, apologies for missing your post. You can enter a witness statement along with copies of all the letters you have sent and received regarding this claim - which willmainly be you asking for information ( CPR / CCA etc requests) This should be in at LEAST 7 days before - 14 days before preferably - the hearing.

At witness statement is basically

1: On xx DATE xxx I received the claim

2: On xx DATE I wrote to the Claimant requesting xxxxxxxxxxxx

3: On xx DATE xx I received a letter from the Claimant stating xxxxxxxxx

that kind of thing.

like this
http://www.legalbeagles.info/forums/...340#post411340 ( that is for an application though - I'll put together a proper example for pre hearings)

[Sickofbullies]

Re: Court Claim - Lowell / Orange - 22-8-2014

any advice would really be appreciated, I have no idea what to do and my time is almost up!

What happened with this?