carter/lowells claimform - o2 debt***Claim Struck Out***

[neil24103]

hi all hope some one can help with what to do next

 

received a letter from a solicitor called bryan carter

saying they have been instructed by fredrickson international ltd

on behalf of their client Lowell financial ltd

regarding a 02 account.

to commence legal action and issue a claim against you in the county court in respect of this debt

 

should you fail to respond to this letter within 14 days a claim will be issued against you

without further notice

 

current debt = £763.06

estimated court fees = 60.00

estimated solicitor cost = 70.00

estimated total = 954.10

 

to contact them by the 17 nov 14

I have not contacted them as yet

 

I did have a 02 in 2012 paying £49.00 a month unlimited call text ect

 

all was fine until june when I got a bill for £59.00

 

I rang 02 asked why my bill was £10 higher

 

the rep on the phone could.nt find out why

 

I just paid the £49 and refused to pay the £10 charge until they told me what it was for.

 

he then told me I had 3 days to bring my account upto date or my phone would be restricted .

 

I still refused they then ended my contract.

 

I told them to send a jiffi bag to send the phone back as I had only had it 6 months.never got one.

 

never heard anything from them again.

 

this year in march started getting letters from a company called Lowell portfoillo

saying they had purchased the debt

 

also enclosed was a copy of a letter of assignment

 

I ignored all further letters from them then letters from a debt collectors called red I ignored again.

now a letter from bryan carter solicitors.

 

can anyone advise how I should respond to this letter ?

I have till 17 nov to respond

thanks in advance for any help dealing with this

 

just checked my credit file with noodle and Lowell have put a default on it for sept this year

[dx100uk]

they are all the same lot.

 

 

you don't have to respond.

 

 

dx

[neil24103]

so just ignore and wait to see what happens ?

[Bazooka Boo]

Get back onto O2, but NOT over the phone, do it in writing OR email, you need to get a paper trail of evidence together.

 

Demand to know what this extra £10 was, and then demand to know how that £10 snowballs into a £760 debt!

 

This amount brings you just over the bankruptcy threshold which is £750, so there might be some massaging of figures being

done here??

 

If it were me, I would send Bryan 'bloody' carter ONE letter, with ''proof of posting'' (which is free from the PO counter) stating that this account is firmly in dispute

with the original creditor, as such no further correspondence will be entered into with him or any other 3rd party he sees fit to use or pass onto.

 

Then ignore the irritating little man, no letters, email and most certainly no phone calls!

 

Get straight onto O2's complaints procedure and exhaust it to your satisfaction.

You want them to explain the £10 that they added, then they definitely need to explain the total figure they claim is owing!

 

I would expect this is for the handset?

How long was the contract for initially?

How long had you had the contract for before they terminated it?

Did they send you a default notice, a termination notice and a notice of assignment when they ''sold'' this?

Are you 100% sure they have 'sold' it to these lot, or are they simply acting on behalf of their 'clients'? Which I suspect they are as Lowlifes love moby phone debts.

[neil24103]

it was a 2yr contract

I had the phone for about 6 months

I did not receive a default notice

not sure if I did receive termination notice

I got a copy of the assignment in the same envelope as the Lowell letter

[Bazooka Boo]

Yep typical mobile lowlife tactics, using the moby phone companies letter headed paper to make it look like it has come from the OC.

 

Ignore lowlifes, red freds etc, get onto O2 customer services and exhaust their complaints procedure..

[neil24103]

will do and thanks

ill let you no how I get on

[Bazooka Boo]

Do you still have the handset?

 

If you do, then I would be minded to drop it off into your local store, giving them the account number it belongs too, and getting the name, date and time of who took it off you.

[neil24103]

will do and thanks

ill let you no how I get on

 

 

emailed 02 waiting there reply

now getting phone calls from Hampton legal but its not me there asking to speak too.

think they got me mixed up with someone else.

and how have they got my mobile no ?

[dx100uk]

prob from your credit file

 

 

dx

[neil24103]

just a update

 

 

got email reply from 02 they will get back to me within 5 working days

sent a recorded letter to bryan carter as well stating debt in dispute with 02

Edited November 12, 2014 by neil24103
add info

[Bazooka Boo]

Good, to keep the costs down to a minimum, there is no need to send anything via recorded delivery, less for important demands/requests.

 

2nd class post with ''proof of posting'' which is free from the PO counter is all you need.

 

Hopefully O2 will take responsibility this and don't just give you the party line.

[neil24103]

got a reply from 02 today saying original ac no from Lowell is wrong and can I tell them what my number was . I cant remember

[ericsbrother]

If Lowells are quoting the wrong a/c number and you have that in writing them they arent going anywhere with the threat of court. Let them know that they are wrong but dont tell them the right a/c number.

[Bazooka Boo]

Yep, just send Lowlifes this and ignore them entirely, deal with O2 direct.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-%28Updated-21.04.2014%29

Send 2nd class post and obtain ''Proof of posting'' which is free from the PO counter.

 

Something as young as this and the OC can't even drag up your account number?

This has wrong written all over it!

 

Either O2 have given the wrong info to Lowlifes OR lowlifes are chasing the wrong debtor?

[papscrosby]

just a update 02 said they would reply within 5 working days still waiting

[neil24103]

just got a reply from bryan carter they have found my account no

and have referred the matter back to there client Lowell portfolio

and will revert to you as soon as we are in receipt of there instructions

in the meantime , we confirm your account has been put on hold

[Bazooka Boo]

just a update 02 said they would reply within 5 working days still waiting

 

Sorry updating who??

Have you posted on the wrong thread?

 

Neil, of BC has passed it back to lowlifes, then ignore and do nothing other than get your paperwork in order.

[neil24103]

Sorry updating who??

Have you posted on the wrong thread?

 

Neil, of BC has passed it back to lowlifes, then ignore and do nothing other than get your paperwork in order.

 

think they spelt it wrong and me they will write to me when they get a reply from Lowell

 

 

 

 

still waiting on 02 to get paper work sorted

[neil24103]

now received county court papers .

 

have acknowleged the claim with mcol.

 

also letter from Lowell with a {statement from 02 telephonic } if that's what they call it

showing payments made and final default figure of £763.06 but still no brake down as to how they get this figure.

 

on the court papers the figure as changed to Amount claimed £824.09 court fees 60.00 legal costs £70.00 total amount 954.09

[dx100uk]

Please fill this out and post it here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Dx

[neil24103]

Name of the Claimant ? ( LOWELL PORTFOLIO LTD )

 

DATE OF ISSUE = 07/10/15

 

THIS CLAIM IS FOR£763.06,THE AMOUNT DUE UNDER AN AGRREMENT BETWEEN THE ORIGINAL CREDITOR

AND THE DEFENDANTTO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS.

THE DEBT WAS ASSINGED TO / PURCHASED BY LOWELL PORTFOLIO LTD ON 28/02/2014

AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT6 1925

 

 

PARTICULARS

RE 02 (UK) LTD

AC 0000000000

AND THE CLAIMANT CLAIMS £760.06 THE CLAIMANT ALSO CLAIMS STATUTORY INTERREST PURSUANT

TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSINGMENT OF THE AGREEMENT.

TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO £61.03

 

What is the value of the claim?

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? (MOBILE PHONE ACCOUNT)

 

When did you enter into the original agreement before or after 2007? (AFTER 2007)

 

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. lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? ( YES)

 

Did you receive a Default Notice from the original creditor? ( CANT REMEMBER)

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ( NO)

 

Why did you cease payments? (OVERCHARGE DISPUTE)

 

What was the date of your last payment? (june2013)

 

Was there a dispute with the original creditor that remains unresolved? (YES)

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? (NO)

[neil24103]

the statement from 02 which lowell sent on 05 august 2015 only shows opening balance 0.00

then 2 payments for 27th april 2013 £5.08

27th may 2013 £47.47

closing balance = £763.06

 

just checked bank statements which shows payments from dec 2012 to 5th june 2013

 

 

£282.17

[dx100uk]

send carter the current account version of the CPR 31:14

from the legal section of our library

 

 

theres a dispute already noted so should be easy to bat away.

 

 

dx

[neil24103]

cpr 31.14 sent