Lowell claimform - old O2mobile debt***Claim Discontinued***

[dx100uk]

Typically if they are saying the data is over 6yrs old then so is the payments as if you paid within 6yrs then they wouldn't say that would they.

[AndyOrch]

Given that the debt was assigned ......

 

the Agreement was later assigned to the Claimant on 30/04/2013 and notice given to the defendant.

 

And assuming no payment to the DCA since.....its very likely its statute barred.

[Jase1982]

Thanks guys, I'm feeling a lot better about this as I completely agree.

I'd expect Lowells to come back eventually and say the 6 years ran from the 30/4/13, but we all know that's not legal.

[dx100uk]

Ill pop the sb defence later for you

[dx100uk]

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

you can file now on mcol if you wish

 

no need to await cpr

[Jase1982]

O2 have come back to us and asked for paperwork containing her name and address on (from when she held the account originally) before they can proceed with the information request. Is that normal?

 

The account is over 6 years old and surely people move about and don't hold paperwork for that length of time?

I'm a bit hazy when it comes to data protection but surely legally there are other ways to corroborate data and demonstrate you are legally entitled to that data?

Any advice.

 

I'll have a look to see if we have anything at home as I made her keep all her old paperwork when we first moved in together.

Just thought their request to be a bit unfair given the fact people do move and don't keep paperwork.

[dx100uk]

pers id not worry

its down to the claimant to prove its NOT SB'd

not for you to prove it IS

[Jase1982]

yeah, I just wanted her details from O2 as back up

[Jase1982]

Just received the standard response from Lowells yesterday...

I've redacted and attached as PDF's...

 

In one of the letter's they say details of what the amount is for can be found on the other side of the letter, but there wasn't anything detailing that at all.

 

Can I please have some advice on how to proceed?

Should I just proceed with the SB defence?

letters.pdf

Edited August 9, 2018 by dx100uk
spacing

[AndyOrch]

Yes if there are 6 years clear no payment or acknowledgement of the debt.

[Jase1982]

Well there's not quite 6 years between o2 closing the account and farming it out to Lowell's.

But neither of us look like being able to at this stage demonstrate when the cause of action begun.

 

So as per the advice I received above, the onus is on them to prove when the last payment was made?

I haven't posted a defence yet as I was waiting to see what they came back with, but I'll give it until tomorrow to see what further advice I receive here.

If I see no contradictory advice I'll post the SB defence tomorrow.

Edited August 9, 2018 by dx100uk
spacing

[dx100uk]

yep i'd file it too.

[Jase1982]

Had the letter back from the courts yesterday acknowledging our defence and advising that the defendant has 28 days to respond... Hopefully they give up at this stage!

[Jase1982]

We today received a letter back from Lowells directing us towards mediation, and giving us a questionnaire to fill out.

 

I'm guessing (as per similar threads) that we just tick yes to everything and push towards mediation.

 

What baffled me though is that they have already filled out everything for us...

 

In the 'your contact details' box they have entered Lowell Solicitors.

 

Is that normal, or have they sent me their completed form that should have gone to the courts?

[dx100uk]

you sure that's not their copy of THEIR completed N180 that they must copy to you?

 

you'll get yours from THE COURT not the fleecers

[Jase1982]

you sure that's not their copy of THEIR completed N180 that they must copy to you?

 

you'll get yours from THE COURT not the fleecers

 

Yeah you're absolutely right. Re-read it and it's their copy. I guess we'll see ours from the court shortly.

[Jase1982]

Hi all, so after almost 30 days I have received the below response from O2 regarding the SAR ...

 

Thank you for your Subject Access Request.

 

We can now provide the following information based on your request:

 

1. The original signed contract and terms and conditions – We no longer have a copy of your contract. You would have been provided this when you took out the contract. Our Terms and Conditions at the time can be found here (https://www.o2.co.uk/termsandconditions/archive/mobile).

2. Transcriptions of telephone conversations and notes with O2 – Please Account Notes document. Due to the length of time that has passed since the account was closed there are limited notes as we only keep these for approximately 18 months. No telephone conversations with O2 advisors exist any longer.

3. Details of manual intervention in relation to your account.

4. Copies of any notice of assignment and/or default notice – Prior to O2 Refresh Telefónica UK did not offer deferred payment terms as a mobile phone contract is not a fixed term loan or fixed sum credit, but an ongoing contract. Therefore requests for a “true copy of the alleged agreement” and a “signed true and certified copy of the original default notice” do not apply.

5. Documents relating to any insurance added and deleted – Please see Account Details under Order Details section. We don’t hold any copies of the insurance documents but you would have been provided the relevant documents at the time.

6. Details of any collection charges added to the account – Please see Account Details under the Financial Information section for details of payments.

7. Details of fees levied by any other agency – We would not hold details of fees levied by other organisation.

8. A copy of notice of fair use of your data – Please see our Terms and Conditions privacy policy (https://www.o2.co.uk/termsandconditions/privacy-policy) which details how your data is used.

9. A list of third party agencies to whom we have disclosed your data – Please see our Terms and Conditions privacy policy (https://www.o2.co.uk/termsandconditions/privacy-policy) which details how your data is shared.

10. Copies of statements for the duration of the agreement – Due to the length of time that has passed there no longer exists any copies of your bills.

 

The information is attached.

 

The zip folder containing your data has been encrypted and is password protected. The password has been sent to you by email. The password is case sensitive.

 

Any thoughts on this? I haven't received a password for the zip folder, so I have contacted them again to remind them to send it.

 

One question I have is that there is a letter from them dated 2013 assigning the debt to Lowells, that Lowells have sent to me. Surely they should still have some signed agreement as it's still within the six years? Who knows, maybe there's more in the zip file.

 

At this stage, can anyone please indicate whether I should be waiting for this form to fill out? Or is it something silly where I have to obtain it myself?

[AndyOrch]

Check MCOL on the status of the claim and see if its progressed from defence submitted to Allocation......

 

If allocated.... contact the court and inform them you have not received an N180 Directions Questionnaire.

 

 

Andy

[Jase1982]

Check MCOL on the status of the claim and see if its progressed from defence submitted to Allocation......

 

If allocated.... contact the court and inform them you have not received an N180 Directions Questionnaire.

 

 

Andy

 

 

Hi Andy, thanks for the quick response. Having checked, the claim history says the following ...

 

"Your defence was received on 10/08/2018 at 12:02:09

 

DQ sent to you on 03/09/2018

 

DQ filed by claimant on 03/09/2018"

 

That sounds fairly straight forward then. I guess we should receive imminently.

 

Any thoughts on what O2 have sent us?

[AndyOrch]

Not particularly...as its mostly irrelevant to the claim if its statute barred anyway.

[Jase1982]

Hi All,

 

Just an update. Received the N180 form from the courts and I have until the 20th to file it with the solicitors and the courts. I know the information received from O2 could be irrelevant, but I have tried to follow it through with them so I know what information they are passing on to Lowells.

 

As part of the SAR, they sent through a zip file, which they said contained further notes and that a password for that file would be sent. Waited a week, and after receiving nothing, chased once more. I was informed that the password was sent on the same day - Which was BS as I'd not seen it, but they did sent it again. I've attached the notes to this thread as it appears all they contain are the most recent notes relating to this case, including discussions they have had with Lowells after a similar request for further information they made on O2.

 

There's a part in the notes that says that as the account is over 6 years old all invoices have been destroyed but please find attached a screen print of all payments made by the customer (This is clearly to Lowells) - We have not received any of this information.

 

O2 are saying that the last upgrade was done on 7/6/12, so I really need this screen print of the payment history. (If one actually exists and they didn't just send Lowells a blank bit of paper)

 

To me it looks like they're stalling and being obstructive towards providing me with the relevant information.

 

Does anyone have any thoughts on this? Is any of this grounds to make a complaint? Need to know if I should be acting on any of this in any way, or whether I should just fill out the N180 and proceed to mediation?

Account Notes_Redacted.pdf

[dx100uk]

typically on sb debts we say to say no to mediation

you have nothing to mediate over..its statute barred...

[Jase1982]

typically on sb debts we say to say no to mediation

you have nothing to mediate over..its statute barred...

 

Ok, so the form says 'do you agree to this case being referred to the small claims mediation service' ... What do I put here? I read other threads and they have said I tick yes?

 

Also, I need to act on behalf of my girlfriend - Can I please have some advice on how I fill out the remainder of the form if I'm acting on her behalf?

 

Also, I'd read on other threads to always tick yes to mediation as it demonstrates a willingness to prevent it from going to court and resolve amicably?

[dx100uk]

for now you can but not in court

she must attend.

 

I think we are happy the debt is statute barred

so no to mediation

 

1 wit you [her]

 

the rest is obv

 

don't forget to copy to their sols minus email/phone/sig]

[Jase1982]

we finally had the documents from O2 and within the documents it says that the last financial payment was an 'ad-hoc credit card payment' for £80 made on 10/8/2012.

 

I can't work out why she apparently made £192 worth of payments in June, July, and August 2012. Three of them don't even have references attached to them - They just say IVR payment ref.

 

Can I please have some urgent advice with how to proceed? I need to get this thing back by the 20th, and it appears we're just within the 6 years.