Lowell (Orange) v LifeOfRyan **SET ASIDE**

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok that sounds good to me mate

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

As this is small claims CPR31:14 is a no go so instead we go for the offer / walk away OR we'll fight you and cost you a shit load more as costs aren't recoverable either.

I suspect they'll go for a deal. I'll be back later but that's the plan from my end.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Will sort you a couple of things to send later. Just had to check CPR's etc with solicitor.

Bear with me. No rush to act now; we'll finalise tonight. I'll reply around 8pm

Ok will make sure im online for then, cheers mate

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Will sort you a couple of things to send later. Just had to check CPR's etc with solicitor.

Bear with me. No rush to act now; we'll finalise tonight. I'll reply around 8pm

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Received. I'll look tmw

Thank you sir

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Received. I'll look tmw

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

No email received mate?

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

I'd be looking to offer 50% mate. In one go to end it now. They may reject but it's worth a punt. Obviously first we defend the claim to get them thinking - then apply for documents (CPR31:14) then make offer & apply for 28day extension meaning any offer wouldn't need to be paid til maybe end of April

email me the claim and any threats received PRIOR to the claim coming so I can check protocol was followed. Cheers mate

Thanks mate, ive emailed you the claim, will get straight on sending the letters from Lowell, Red and Hamptons tomorrow morning as all my documents/letters etc are packed away in boxes at the mo, as been doing a bit of decorating.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

webmaster@all-about-debt.co.uk

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

I'd be looking to offer 50% mate. In one go to end it now. They may reject but it's worth a punt. Obviously first we defend the claim to get them thinking - then apply for documents (CPR31:14) then make offer & apply for 28day extension meaning any offer wouldn't need to be paid til maybe end of April

email me the claim and any threats received PRIOR to the claim coming so I can check protocol was followed. Cheers mate

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Woah chill. You'll be alright. We won't let anything bad happen.

Ok first can you please send me the claim form (ask dad for my email) and then I'll try sort you a suitable response to end this but no guarantees. You might be left paying it albeit at £x per month. However the CCJ would stay 6 years. If you can get the money to settle now I'm sure we could make a good offer to settle pre-action.

Let me know and dont worry. You'll be fine pal.

Thanks alot mate I really appreciate this. I will scan it and get it emailed right away. I do have some money but no where near enough at the moment to settle the full amount right now. What kind of amount would be a good offer?

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Woah chill. You'll be alright. We won't let anything bad happen.

Ok first can you please send me the claim form (ask dad for my email) and then I'll try sort you a suitable response to end this but no guarantees. You might be left paying it albeit at £x per month. However the CCJ would stay 6 years. If you can get the money to settle now I'm sure we could make a good offer to settle pre-action.

Let me know and dont worry. You'll be fine pal.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

The first comment spells this out for the junk it really is.... In layman, you can opt out but then what? You must pay off the remainder of the contract still as well as find a new provider mid term, assuming you have the cash to buy the contract and any handset out?

sorry guys but this isn't going to end well. Why didn't you tell me Pompey - before it was too late? We chat on FB daily mate - lol

Ok im buggered then. Im shitting it now, do you think Lowell would accept a payment plan this late on? And still dismiss the claim? I don't know what else to do....

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

The first comment spells this out for the junk it really is.... In layman, you can opt out but then what? You must pay off the remainder of the contract still as well as find a new provider mid term, assuming you have the cash to buy the contract and any handset out?

sorry guys but this isn't going to end well. Why didn't you tell me Pompey - before it was too late? We chat on FB daily mate - lol

Geoff Turner


This isn’t really the victory claimed – when I signed the petition, it was for “fixed means fixed”, meaning the contract price should remain unchanged for the duration of the contract. This Ofcom compromise is really of little use because all the phone companies increase their charges (and are still free to do so) and I can leave my contract but to go where?


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Posted 25/10/2013 at 5:30 pm
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[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Well I'm not sure how it's got this far because anyone can increase their rates - same as credit cards, however the key thing here is that in both cases if you refuse such an increase then you can cancel only if you notify the company - was a formal refusal of increase followed by cancellation letter sent?

If yes, you're covered.

if no, you're buggered.

you cannot rely on their own terms against them but then ignore the parts that rely upon you, the customer so unless you formally rejected the proposed increment then you really are stuck and I'd suggest you try and settle this ASAP.

was a LBA issued, out of interest?

Additionally it is guidance only, not law. Secondly, it clearly states in the link Pompey posted:

‘We’re making it clear that any increase to the monthly subscription price should trigger a consumer’s right to leave their contract – without penalty.’

This guidance is the best possible result for consumers and comes into effect three months from today. Although this ruling doesn’t apply to any non-price changes to contracts, it would come into effect if your provider reduced the amount of minutes, texts or data included in your contract.

so when was the increase as this only came into force (ie the guidance) in January and it is NOT retrospective..