I received Notice of Discontinue from Lowell Solicitors, along with a letter that confirmed that this bring the legal proceedings to an end. I have to thank all of you with your supports and advice.

Thanks

What is NOD? Can they claim again?

Hi I registered to MCOL, in notification area says: A claim was issued against you on 23/07/2018 Notification that the claim against you was discontinued was received on 26/07/2018 at 19:06:23 And Available options The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time. what does it mean? Means the claim has been withdraw? What shall I do now?

Name of the Claimant ? Lowell Solicitors Limited Date of issue – 23 Jul 2018. Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxx (‘The Agreement’) 2) The defendant failed to maintain the required payments and the service was terminated 3) The Agreement was later assigned to the Claimant on 31/01/2013 and notice given to the defendant 4) Despite repeated requests for payment, the sum of 757.55 remains due and outstanding And Claimant claims a) The said sum of 757.55 b) Interest pursuant to s69 Country Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.166, but limited to one year, being 60.60 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Not sure what is it. I received a letter headed “Pre-Legal Assessment “ dated 3-Nov-2017 , another one titled “Notice of Acting” dated 10/12/2017 and another one titled “Letter of Claim” dated 18/12/2017 What is the total value of the claim? 948.15 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone When did you enter into the original agreement before or after April 2007? After April 2007, I am not too sure. I don’t have the agreement. I guess around Jan or Feb 2012 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The Debt purchaser issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? No. They claims the sent it but I haven’t received any notice. (may be because of changing the address or postal issue, …) Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? I had a dispute with O2 and they over charged me, and I had to leave the UK for more than 7 months What was the date of your last payment? No payment at all. Was there a dispute with the original creditor that remains unresolved? I didn’t have chance to discuss with them. I had another account with them, and I upgraded my mobile phone but they were charging me for both accounts and even more than the agreement with the sales member. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Hi Lowell submitted a claim to the court regarding and old O2 mobile contract and I received a claim form today. Can anybody help me what I have to do now or how I can defend? Thanks

Hi I received a Claim Form today. could you please help me what I have to do?

What should I do?

Today, I received a letter form Lowell with a copy of T&C, that's is not signed by me. Lowell Solicitors referred to that copy: "We have received confirmation from the original creditor that English law applies to this agreement. Subsequently, we also confirm that the account is not statue barred. We have enclosed a copy of the original creditor's terms and conditions for your reference. We will hold the account for 14 days from the date of this letter (letter dated 19-Feb) to allow you time to provide us with your intentions towards the balance. Should you fail to respond within this timeframe, our client has instructed us to re-initiate the Pre-Action process which could eventually result in a Claim form being issued to you incurring costs and fees. Please note that once the aforementioned hold has ceased no further delays will be placed on the account."

When I sent the SB letter doesn't mean I acknowledged debt? I mean the 6 years won't be reset?

In the website says: 22.7 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to. However is says: Our latest Pay Monthly Mobile Agreement (from 5 November 2015 onwards) The contract was signed March 2012. Should I reply to them and accept the payment? or wait for the court.

I don't have the T&Cs of the Service contract. I sent them the Prove it letter, and they replied: "this not regulated by consumer credit Act 1974 and the supplier may not retained a copy of agreement and the agreement are deemed to be accepted when the seal on the SIM card is broken"

Thanks for reply. Yes It was signed when we were living in Scotland. We had another contract 2 years before that when we were living in Brighton. Then we moved to Scotland and the this contract was signed in Scotland. So what shall we do? We just ignore them? Or should we do something else?

Hi I sent the Scotish SB letter and today I got a letter from them stating: Subject to further clarification form the original creditor, we believe that the agreement terms and conditions stated that English law would apply. S5 of the Limitation Act 1980 states an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. And they ask us to pay the balance otherwise they will take us to the court.

Thanks

I undrestood that, however the advisor said it is tricky. As she moved to England and living in England for several years, then the England rule might be applied. Please don't get me wrong. When you are in situtation like this, you try to move very carefully and avoid mistake. We tried to seek advice from different sources and try to move step by step and carefully. We appreciated all you support, help and advice you provided.

You mean acknowledge the debt and send them Scotland SB?

Sorry you are right. However, you said nothing can change the SB. So that made me relax if I send this letter without acknowledging nothing will change the SB. Does this affect that?

Legal Advisor.They said if the account already status barred nothing will happen while you don't acknowledge the contract. We didn't acknowledge and asked for prove it and then we can sent the SB letter if needed. Is it wrong?

Hi Thanks you for the follow up. I sent them a prove it letter and I got the answer back today. They said this not regulated by Consumer Credit Act 1974 and the supplier may not retained a copy of agreement and the agreement are deemed to be accepted when the seal on the SIM card is broken. And they asked us to pay the balance within 30 days or a claim may be issued in the County court.

Sorry I didn't catch a degree doesn't expire for 20 years .., what does degree means? and can you explain what do you mean by backdoor decree? We didn't acknowledge any debt, should we first ask for any evidence or we accept the liability and send the SB letter?

Mobile phone, Orange

Thanks for reply. I just want to make sure that it is under Scottish Law. It doesn't matter where are you from, or where do you live at the moment. It is county based on the time you are signing the contract, where you are living (at that period she was living in Scotland), is it correct?

Yes, When she backed to UK, after a while they found her address and starting sending the letters. She changed the address several times without any contact to Lowell, but I don't know how they could trace her and sending the letters to her new address. @BankFodder; Thank you for the information. I will have a look at them and if I need more advice I will back to you.

Thanks for quick reply. This is for my friend. 1- Contract made early 2012 in Scotland. 2- No payment done from the begining (even first payment missed). 3- She was out of the contry for 10 months and then she backed to Birmingham and now she is in Birmingham. 4- Account defaulted on Oct 2012 based on credit report. 5- Received some letter from Lowell and some offer and discount that ignored. 6- Received a letter headed "pre-legal" assessment asking for full payment and stating that they are considering to refer this to the a solicitor. 7- Receive a letter from Lowell solicitor headed "Notice of Acting" and asking for full payment or monthly payment. Nothing else in the letter regarding any legal action to be taken or threaten to do so. Thanks