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

[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

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

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

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

webmaster@all-about-debt.co.uk

[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

No email received mate?

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Received. I'll look tmw

[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

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

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

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

Ok that sounds good to me mate

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Hiya

Ok, you need to do three things, to sort this out.

1. Go online using the claim form reference and pin and defend the claim - it is easy to do, just ensure you opt to defend the whole claim;

2. Send a letter in to BW Legal as follows;

Dear Sirs,

Ref: Lowell v (enter your surname & claim number)

I write with reference to the above claim, deemed served 25th February 2014.

This account with Orange was always disputed based around Orange increasing my price-plan mid contract - I disputed this and was awaiting a response then one thing led to another and we kind of lost touch then this; you serve a claim on me.

I have, as matter of course, completed the AoS and indicated my intention to defend the whole claim however, that said, I do wish to make a Without Prejudice offer to bring matters to a close today, without the need for court attendance and additional costs.

I would like to offer £200 in full and final settlement of this claim. Such sum would be paid within 2 months of acceptance at £100 per month. The first payment being on the last day of April 2014 and the final £100 payment on the last day of May 2014. If this matter escalates to court then attendance alone will cost a lot more than the amount I am requesting be written off in order to bring matters to a close.

Please confirm that whilst the offer is being considered an extension of time to 4pm on the 15th April 2014 (56 days after service), to file and serve the defence, can be agreed. I have written separately on this matter in line with CPR15:5 as it can then be referred to as an exhibit if necessary; or as an example of unreasonable conduct.

I look forward to your response within the next 7 days.

Yours faithfully,


Sign Name

Then send the following, under separate cover, to BW Legal for the reasons stated in the final paragraph in the letter above;

Dear Sirs,

Ref: Lowell v (enter your surname & claim number)

I write with reference to the above claim, deemed served 25th February 2014.

I have written under separate cover with a Without Prejudice offer to settle. However, if you are to reject this offer then please supply me with the following documents, as mentioned within your claim form so as I can formalise my defence. You should be aware that this letter will be referred to as an exhibit if this matter does escalate to trial and I will be arguing your unreasonable conduct:

1. A copy of the Agreement / Contract as mentioned;
2. A copy of the Default Notice as mentioned;
3. Confirmation of right to charge statutory interest;
4. Copy of Assignment Notice;
5. Copies of statements.

As you are aware, I am entitled to request an extension of time to allow me to compile and formalise my defence. CPR15:5 states:

Agreement extending the period for filing a defence - 15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I therefore formally request an extension of time which will be until 4pm on the 15th April 2014.

If you are willing to accept my Without Prejudice offer, as detailed in the other letter, then you may ignore the main content request for documents as they will not be necessary.

I look forward to your response within the next 7 days.

Yours faithfully,


Sign Name

3. Finally, you need to copy both the above letters and send them in one envelope to Lowell, with the following cover letter;

Dear Sirs,

Ref: Lowell v (enter your surname & claim number)

I write with reference to the above claim, deemed served 25th February 2014.

I have made a formal Without Prejudice offer of £200 to settle and close this matter before it goes as far as trial. Please find attached to this cover letter a copy of both letters sent to BW Legal, I trust you are able to accept my offer to avoid future costs and unnecessary court fees.

I look forward to your response within the next 7 days.

Yours faithfully,


Sign Name

Clear? Questions?

Good Luck

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Send all 3 letters above recorded delivery - you must get them sent tomorrow as time is of the essence.

I've also asked till end of May to pay £200 - that should be affordable to you.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Thats brilliant mate thank you so much. I will get them all posted first thing in the morning. All clear on that you seem pretty thorough, was going to ask about recorded delivery but you covered that too! Not sure what i would of done without your advice so thank you again mate