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court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

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  • court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

    Orange phone/ phones 4 u , COURT CLAIM,

    Hi guys…. I need some help in sorting/ WORDING a defence,there are also issues with the POC,, I NEED TO GET THIS DEFENCE IN ASAP
    Ok here goes,, ………..

    Background…..

    I walked into a phones 4U shop in april 2012, and came out with a mobile phone and orange service plan ( I think this plan was for a 24 month period) “orange network” any way within about a month or so the phone started playing up bad connection to network issues (crap phone it packed in) I do recall speaking to orange about July`s 2012 bill as being wrong and therefore in ” dispute” also complained about crap phone same time. I stopped making monthly payments to orange at this point, orange then went on to suspended and disconnect the service.
    This was the last contact I had with orange around July 2012.

    Lo and behold today 15/1/2017.. I get these two letters in the post, one from bwlegal & court claim. (see attached ) both dated 9/1/2017

    I accept that a contractual relationship did once exist with orange on a Contract for Services basis in the past, but I do not recall any alleged balances outstanding with particularity


    I have NOT had any default notice served on me from lowell or orange

    I have NOT had notice of assignment / sale from orange


    The particulars of claim state that is is for a mobile telcoms agreement regulated under the consumer credit act 1974 ?????

    I will go online with my intention to acknowledge service
    doing this on Wednesday 18/1/17 this week.
    I also intend to defend all of this claim
    Attached Files
    Last edited by Kati; 16th January 2017, 11:17:AM.
    Tags: None

  • #2
    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

    oops upside down?????????/

    Comment


    • #3
      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

      Originally posted by swansea jack View Post
      oops upside down?????????/
      Sorted :lol: xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

        right ... first things first, you have to acknowledge the claim. Amethyst explains your first steps perfectly here:
        Originally posted by Amethyst View Post
        NOTE: IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM


        Firstly, don't panic.

        Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

        So, first steps (within 14 days of receiving the claim)

        1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
        You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

        2: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

        This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.


        IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM



        And people here will help guide you through the next steps.

        NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form. You can work out the date HERE >>> http://www.timeanddate.com/date/dateadd.html

        We now feature a number of specialist consumer credit debt solicitors on our sister site, lbcompare.co.uk- If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
        I'll give [MENTION=55034]nemesis45[/MENTION] a shout for you too xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

          great thank you, couple of questions... is this the correct way to go..

          first......... ,I acknowledge claim on line WITH INTENTION TO DEFEND within 28 days

          second.... I send request for documents mentioned in statement CPR 31.14 (bit confused on this bit, do I send this request to claimant lowell portfolio 1, or bw legal ????? ) or BOTH OF THEM.

          third, sit back and wait for the reply. THEN GO ON TO NEXT MOVE

          Comment


          • #6
            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

            hi is there a CCA REQUEST TEMPLATE LETTER, i can use, many thanks

            Comment


            • #7
              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

              http://legalbeagles.info/forums/show...y-of-Agreement
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                Originally posted by swansea jack View Post
                Orange phone/ phones 4 u , COURT CLAIM,

                Hi guys…. I need some help in sorting/ WORDING a defence,there are also issues with the POC,, I NEED TO GET THIS DEFENCE IN ASAP
                Ok here goes,, ………..

                Background…..

                I walked into a phones 4U shop in april 2012, and came out with a mobile phone and orange service plan ( I think this plan was for a 24 month period) “orange network” any way within about a month or so the phone started playing up bad connection to network issues (crap phone it packed in) I do recall speaking to orange about July`s 2012 bill as being wrong and therefore in ” dispute” also complained about crap phone same time. I stopped making monthly payments to orange at this point, orange then went on to suspended and disconnect the service.
                This was the last contact I had with orange around July 2012.

                Lo and behold today 15/1/2017.. I get these two letters in the post, one from bwlegal & court claim. (see attached ) both dated 9/1/2017

                I accept that a contractual relationship did once exist with orange on a Contract for Services basis in the past, but I do not recall any alleged balances outstanding with particularity


                I have NOT had any default notice served on me from lowell or orange

                I have NOT had notice of assignment / sale from orange


                The particulars of claim state that is is for a mobile telcoms agreement regulated under the consumer credit act 1974 ?????

                I will go online with my intention to acknowledge service
                doing this on Wednesday 18/1/17 this week.
                I also intend to defend all of this claim
                Good afternoon,

                After looking at the particulars of the claim some points come up immediately.

                Mobile phone accounts are service contract not regulated by CCA 1974 and therefore do not need a section 87 default notice.
                Unless you were actually buying the telephone on credit with a separate account for the airtime etc.

                Follow the first steps as posted by [MENTION=49370]Kati[/MENTION] and you will be on the tack!

                nem

                Comment


                • #9
                  Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                  they say in the POC " monies due from the defendant to the claimant under a mobile telcoms agreement regulated by the consumer credit act 1974 ,

                  AM I CORRECT IN THINKING THIS A LIE BY THE CLAIMANT TO THE COURT

                  Comment


                  • #10
                    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                    Originally posted by swansea jack View Post
                    they say in the POC " monies due from the defendant to the claimant under a mobile telcoms agreement regulated by the consumer credit act 1974 ,

                    AM I CORRECT IN THINKING THIS A LIE BY THE CLAIMANT TO THE COURT
                    In DCA-speak, aka 'admin error' (or similar).
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                      Originally posted by charitynjw View Post
                      In DCA-speak, aka 'admin error' (or similar).
                      If the claim was prepared by Lowell Solicitors it's almost certain to be wrong,
                      As [MENTION=5553]charitynjw[/MENTION] says they will claim is a clerical error, but you should continue as if this is a regulated account.

                      nem

                      Comment


                      • #12
                        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                        hi guys many thanks just a quickie....... it best to send CCA request via normal post and get a proof of postage receipt (slow mail ..get to them slower ) or recorded mail / sign for their end, to quick
                        is £1 postal order best, I had thought of sending a third party cheque QUESTION.. if they cash postal order or cheque are lawfuly bound to supply CCA.. just a thought?

                        I WILL PROBALY ACKNOWLEDGE CLAIM ONLINE TOMORROW SOME TIME

                        Comment


                        • #13
                          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                          Originally posted by swansea jack View Post
                          hi guys many thanks just a quickie....... it best to send CCA request via normal post and get a proof of postage receipt (slow mail ..get to them slower ) or recorded mail / sign for their end, to quick
                          is £1 postal order best, I had thought of sending a third party cheque QUESTION.. if they cash postal order or cheque are lawfuly bound to supply CCA.. just a thought?

                          I WILL PROBALY ACKNOWLEDGE CLAIM ONLINE TOMORROW SOME TIME
                          As you are requesting a document which is linked to a CC claim I would use signed for post.
                          A postal order is the best option as cheque for instance gives away bank details. Leave PO blank apart from marking it " For Statutory Fee Only".

                          nem

                          Comment


                          • #14
                            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                            hi guys back again, i am a bit confused on dates regards cpr31.14 request and looking for advice..

                            Claim Number: XXXXXX

                            Request for documents mentioned in a statement of case under CPR 31.14

                            On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. ( on this bit do i put issue date of claim 9/1/17 or date i recieved it 15/1/17

                            To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X. ( what date do i put in here ? )

                            just confused sorry,

                            Comment


                            • #15
                              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                              Originally posted by swansea jack View Post
                              hi guys back again, i am a bit confused on dates regards cpr31.14 request and looking for advice..

                              Claim Number: XXXXXX

                              Request for documents mentioned in a statement of case under CPR 31.14

                              On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. ( on this bit do i put issue date of claim 9/1/17 or date i recieved it 15/1/17
                              Received date.

                              To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case.
                              I'd just leave it at that.

                              just confused sorry,
                              ####
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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