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

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Ok you need to call them now mate - sorry but you must ring and start by saying you're recording the call (ideally phone on landline loudspeaker then record using a mobile) and ask them why they're ignoring your generous offer and that you will notify the court of their unreasonable delay.

do not get into protracted arguments and do not promise or agree to anything other than we discussed on the letter.....

if you get stuck then just say, I need to consult with my solicitor prior to answering that - I'll come back to you later..... Then we'll run it past Andrew.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok you need to call them now mate - sorry but you must ring and start by saying you're recording the call (ideally phone on landline loudspeaker then record using a mobile) and ask them why they're ignoring your generous offer and that you will notify the court of their unreasonable delay.

do not get into protracted arguments and do not promise or agree to anything other than we discussed on the letter.....

if you get stuck then just say, I need to consult with my solicitor prior to answering that - I'll come back to you later..... Then we'll run it past Andrew.

Ok I will do that now, thanks mate. Which number is best to ring, BW Legal or Lowell?

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

BW Legal buddy... Let rip and explain you are a litigant in person and that you intend on fully defending the claim BUT DO NOT GO INTO DETAIL AS TO WHY and that you will also fully inform the court of their ignorance to respond to a LiP when they (ie you) are writing trying to make settlement. It'll be frowned upon, especially due to the small amount.

they must still write to you directly we anything agreed and also inform the court of their intention to drop the claim..... Stick to what we told them in the letter and do not deviate mate, don't tell them everything that may be wrong - stick to the facts in the letter.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

They said they could not find letters or claim form to bring the matter to a close they want £370

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Was it signed for, check Royal Mail track and trace....

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Yup they were received and signed for, have taken screen prints

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Niddy,

They said they have received no letters but we have the signed for prints from Royal mail with there signature Now the recording we did we cannot find on the phone so we are looking for an android data recovery tool as it did record

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Ok I'll ask andrew..... Hold fire

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

OK have found a program that will recover .ogg files of micro sd cards

[ATW]

Re: Court Claim from Lowell - Orange Contract

How do they calculate the amount that they are claiming? Have they charged for the balance of a fixed term contract or for calls made after you cancelled.

did you explain to them that you can pay a lump sum of around 50% by borrowing it from friends and family but that you cant pay a lump sum beyond that and it will have to be £buttons per month instead. That might make them more likely to accept to get rid of the hassle. This is a very small claim so i doubt they will want to spend a lot of time and resources chasing it or it will cost them more than they will collect. They will have to pay someone more that the amount claimed to turn up to court to fight it so if they wont take an offer now it is worth sticking in a defence to make the whole thing a right pain in the rear for them and that might bring them to the table to talk.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

I really have no idea how they calculated that amount, it was only £90 at first when i was dealing with orange. It could not have been for calls i made as i ceased use of the sim straight away. In the letters sent with Niddy's advice I offered £200 in 2 halves with the first payment at the end of april and the last payment at the end of may

[ATW]

Re: Court Claim from Lowell - Orange Contract

You need to get them to give you a breakdown of the amount that they are claiming so you know what is for calls and what is default or other charges. They can't just invent a figure that they would like to claim from you they need to explain what they want and why they want it.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok I assume I would need that in writing but I only have 3 days left of my 28 day AoS extension and i cant see them replying to me that quickly since they ignored all my other letters

[ATW]

Re: Court Claim from Lowell - Orange Contract

CPR 15.5 allows you to agree a further 28 days i.e up to 56 days from the date of service. If they refuse tell em you will apply for docs and further information on how the sum claimed has been calculated and for an extension all at the same time and will argue that due to their unreasonable conduct they should pay your legal fees for that. Make it a right pain for them and they might take less to get rid of you or drop the whole thing. You may well identify a decent defence too if you dig about a bit.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok that makes sense, will be interesting to see how they calculated the sum. Bit unsure how to go about applying for CPR 15.5 I would have thought by letter, but with the limited time at the moment with three days left i doubt they will respond that quickly, and will they reason with me on the phone is that even wise? I don't know as i've never done anything like this before.