Northampton Bulk and Lovells

feylin2

Not sure if this is the right forum, am looking for some help please .
My son received his claim form from Northampton Court yesterday re a debt to Orange, ( sold to Lovells now gone to their solicitor )

The paperwork all all previous correspondence has his surname mis-spelt and Lovells have ignored any previous letter to provide any copies of credit agreement
He did try to sort a payment arrangement initially with Orange but they refused his offer He had ended his contract with them at the correct time , then went onto pay as you go but they also set him up a new monthly contract that he did not want .

he was also originally prepared to pay the amount they said was owed of £250 pounds but then it increased to £500, even though he was bullied into this contract and really didn't understand at the time He was then in the Army and away so couldn't deal with it himself .

Can we put in a defence to try to continue with Brian Carter and Lovells and get the court claim set aside whilst we try obtain the credit agreement ? ( which they wont have ) I dont want him to get a CCJ on his record but we have no means to pay in full

thanks

sourcrates

Hi,

I assume you mean Lowells, do you ?
There won't be a credit agreement for a mobile contract.

Use of the phone, or sim, is concidered acceptance of the contract.

You don't physically sign an agreement for a phone anymore, not since the 90's.

You can dispute the amount the creditor is claiming, that is an option on the court papers.

fatbelly

If you have no means to pay in full it will be difficult to avoid a ccj.

Tomlin order, maybe?

The boys at legalbeagles are better geared up to this sort of thing

feylin2

yes Lowells , that who I meant sorry

He didnt use the monthly contract sim they set up though , he set up a pay as you go as he out of the Army and not working and only used that sim

The name is incorrect on the court papers though so can that also be challenged as it isnt really him ?

sourcrates

feylin2 wrote: »

yes Lowells , that who I meant sorry

He didnt use the monthly contract sim they set up though , he set up a pay as you go as he out of the Army and not working and only used that sim

The name is incorrect on the court papers though so can that also be challenged as it isnt really him ?

Sorry, I'm a little confused, I'm assuming he got a new phone on contract, but then used a PAYG sim in it, is that correct ?

Unfortunately accepting the free phone also constitutes acceptance of the contract, makes no difference which sim was used.

Or are you saying he never took out a contract in the first place ?

feylin2

He rang when his contract ended to cancel rather than them rolling over to another year He then bought a new sim for pay as you go Somehow ( as he was only young and not knowledgeable ) he ended up with another monthly contract after his conversation on the phone at the time They said something about well give it to your mum when he said he didnt want it
He didnt have a free phone or use the monthly contract which is why i have been fighting it
Neither does he have any ageeement with Lowells, to whom Orange sold the debt
They said they have been in touch with Orange and they have no knowledge that he offered to pay, but I have all the copies of letters I sent at the time
He was willing to pay the original amount of £250 even so but he offer he made was refused and we havent got any further
I dont want him to be bullied into paying this as I know about this company but it seems to be the only way unless he can defend it or get this set aside

Can we get this set aside due to incorrect name on the court papers ?

sourcrates

You can't set it aside, as judgement has not yet been made, you can only set aside a judgement already granted.

What you should do is defend it.

I would take Fatbellys advice and ask on legal beagles for advice on how specifically to do this.

feylin2

Ok thanks for your help so far
I will go and ask on their site
I thought it could be set aside prior to going to judgemtn as I had to do that once when a company were threatening me with bankruptcy action and it actually wasnt me or my debt
There was a hearing before the judge to which they didnt attend but it hadnt gone to judgement as I knew it wasnt me

sourcrates

From what you've said, my understanding is that orange have failed to cancel your sons contract, and instead automatically renewd it against his wishes.
That should be his defence, you just need to know how to equate this to a defence of there claim.

The guys on Legal Beagles will know.

National_Debtline

Hi

You might have set aside a statutory demand as part of a bankruptcy claim but this is a different process.

As Sourcrates says, setting aside in this context is only for when a CCJ has already been made by the court. At this point your son would need to respond to the court claim with a defence if he wants to dispute liability, otherwise he can admit liability and make a payment offer. I agree that it’s a good idea to take legal advice to check whether he has grounds to defend though. The Legal Beagles forum which has been mentioned is a good place to ask, or try a solicitor.

If he plans to defend he could respond on the Acknowledgement of Service for now as it grants an additional 14 days to file a defence.

James
@natdebtline