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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience:  30 years as a practising solicitor.
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I am looking for some legal advice and am happy to pay for

Resolved Question:

Hello,
I am looking for some legal advice and am happy to pay for this service.
I was involved in a business a few years ago and during this time I had a mobile phone, which was contracted to me personally. I went in to Orange and changed this to a business contract.
The business was subsequently liquidated and all assets sold off to pay debts.
I have after a period of 4 years been contacted by the Lowell Group, who are collecting debt for Orange (now EE) and claim I owe over £1000. I have told them this contract was for a business that is now liquidated and they claim not to be aware of this.
I have written to Orange asking for all info they have on me to be sent to me, and they claim to have no information on me relating to my home address.
Lowell’s are still claiming I owe them the money unless I can provide evidence that this contract was moved to a business contract. Unfortunately I have no access to records from the liquidated company. Ultimately i am suspicious of the claim, A, because I was present when the contract was taken out, and B, because I do not believe that Orange would allow for a contract to be taken out to an address where I did not reside.
I wonder if someone would be able to assist me with this matter, and I am aware that this is a service I may have to pay for.
Kind regards,
Mark
Submitted: 6 months ago.
Category: Scots Law
Expert:  JGM replied 6 months ago.

What address do they have for the account? What name were the accounts issued in? Did the debt appear on the liquidators Estimated Statement of Affairs prepared at the time of the liquidation?

Customer: replied 6 months ago.
The address is the business address, I have never had any ownership of this property. I am unsure if the debt was included in the liquidators statement. The business was a Ltd co.They have slightly changed their story now, and have emailed the following:'Thanks for your response.
I apologise as there seems to have been some confusion with regards ***** ***** account.
I can see from a previous query with Orange that they have advised that this was a small business account for Blankink Solutions, however as the account is in your name as opposed to the business name, this is the reason that you are liable and not the business.
There was no Transfer of Ownership completed to transfer this into the business name either.
Due to this information, we believe you remain liable for the account.
I appreciate you believe this account was for the business and that you will be sending off for the documentation regarding you at Spider House and will therefore suspend contact for 30 days to allow you time to obtain this and get back to me. Please note that after this period, contact will recommence.'
Expert:  JGM replied 6 months ago.

If they have a record of it being in if Orange have accepted it was a business account then EE can't pursue you as an individual. This is contradictory. A transfer of ownership would appear to be an isn't all issue for them. I would contact the liquidator to see if this was dealt with during the liquidation process but I would say that this latest email is an admission on their part that it was treated as a business account. I hope that helps. Please leave a positive rating so that I am creditd for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience: 30 years as a practising solicitor.
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