Lowell/O2 court claim CPR31.4 response received

[jaguarsuk]

I'd have to agree regarding shopping my ex at the minute as i do not want to rock the boat as this year was the year i was applying for a decree absolute or starting the process for divorce and at the moment she lives in a one bed flat with her boyfriend and she has moved loads of times probably due to debt.Whereas me and my gf live in a big new house on green belt my girlfriend has a good job and i have a my own business both have good cars etc so in the laws eyes she could contest the divorce and try and claim half which is really unfair in my eyes,

I would have to disagree though regarding mothers for sons and fathers for daughters as my eldest son from another relationship come to live with me and my girlfriend 2 years ago as he wasn't doing well at school and where he was living and since moving in with us his attendance has jumped from less than 50% to over 95% and there have been times me and his mam have fell out and she said she wants him back and he said he's not going,

I honestly think with parenting it's all down to stability & routine etc as some fathers are selfish and put themselves first aswell as some mothers(like my youngests).

I have exactly the same problem as most women moan about regarding fathers being late or not having the kids etc not so much my eldest but my youngest his mother being late all the time him stood at the window waiting etc. I have never contacted csa, She went on holiday yesterday again with her boyfriend for the 4th time in 2 years and has NEVER took her son on holiday. Last year i worked 6/7 days a week and went out twice so me and my 2 boys could go florida and my girlfriend understood it was a bonding thing and that she would take them somewhere on her own too this year.

I do appreciate your knowledge adn am in no way trying to get into an argument or be contradictive

I'm a step dad to two girls from my missis' previous relationship and when I met them they were your youngest sons age. She has never once bad mouthed their father in our 5 years together in front of them despite the fact their relationship ended because he was domestically violent to her. The kids were always let down by him, either being late or not turning up. There were periods they just wouldn't see him at all and then he would take her to court to get an order to see them.

The funny thing is that they are 15 and 14 now, he's tried to contact them repeatedly since 2015 (they were 12 and 11 then) and they have refused to contact him. When they did he filed for an order at court having not seen them since 2013 as we had moved from Scotland to England, we challenged the legal aid application and won.

I wrote to his solicitor and invited his client to make an application in the Family Court in England, but faced with us challenging legal aid and then having to actually put his hand in his own pocket to pay to get an order to see his children we haven't heard a dicky bird since.

The point of me spinning this yarn is as you know from your eldest, kids aren't blind and they see how they are being treated. The unconditionally love and allow it until a point, but once they hit that point then there's no going back for the bad parent.

[slainte caragh]

Whenever I've opened a new mobile phone contract (over the phone or online) I have been sent the SIM card in the post which has to be activated by calling the service provider before it goes 'live'. If the account wasn't in her name she would have some difficulty doing this.
In some cases this can be done via the website, without speaking to an advisor. Also Webchat can do this as well. 02 have to have a provision in place for corporate and business customers, and customers who have genuinely lost the SIM card and cannot call in.

What does it say in the SAR about that?

Was O2 sloppy with security clearance at any point?
02 DPA questions:
Name /Name of account holder: Both correct, continue to question 2
Password: Correct? You're in. If you are not the account holder, get the account holder to call in.
Are you the account holder? if no Do you have permission from the account holder to call in?

Things 3rd parties can do
Add/remove bolt ons
Pay bills
Query bills
Add/remove bars (except in case of under 16 removing chat/adult bar)
Report lost/stolen phones
make insurance claims
register SIM

Things 3rd parties CANNOT do without account holder
Upgrade (it was done in CPW, nothing to do with 02 security)
Cancel
Move to pay as you go
Buy accessories etc.


Di

My comments are in green as normal, as long as the above questions were answered correctly, the OPs former partner passed security.

Network providers are obliged to check the questions are permissable from the ICO and OFCOM. Security wise 02 are in the clear... how CPW got did an upgrade without the OP present is another thing!!

02 can tell CPW if the customer is ready for an upgrade, and remind them (gently) that it needs to be the actual account holder, but if we are told "Yeh, yeh he's here!" nowt they can do!

From my limited experience with other networks (worked for 02 mainly) they all have the same/similar requirements. Some are tighter security, some much, much less!

[slainte caragh]

Just thought, does the SAR say you are actually due for term fees?

Was a report of Fraud ever mentioned to 02 before now?

If so, what was the finding?

[Diana M]

as long as the above questions were answered correctly, the OPs former partner passed security.

My point was based on 'gender' issues. If the account was in the name or Mr TomTom (male) and the caller was Mrs TomTom (woman) how could a female voice pass security providing a man's name.

I was referring to a consumer activating the SIM card in 2008.

Di

[slainte caragh]

if she knew Mr Tomtom's password, o2 are in the clear also CPW can call in an activate a SIM on the customer's behalf! This is through a specialist team and again, the whole DPA process starts again!

[slainte caragh]

if she knew Mr Tomtom's password, o2 are in the clear also CPW can call in an activate a SIM on the customer's behalf! This is through a specialist team and again, the whole DPA process starts again!

[Roshe]

I have rec'd a Lowell County Court Business Centre Summons, same thing, ex BT, Was told ny contract would be cancelled, no further charge, I am now told that 1 payment was made from my bank, after the 6 year period. I have seen no proof of this, interesting as I changed banks some years ago.

[tomtom1]

Hi slainte caragh sorry for the delay in checking on my replies and and replying and thanks for your answers and suggestions, By the looks of the sar everything was always done online and everything including any upgrades and the original cpw handset was next day delivery and nothing was ever actually done in person,

I mentioned to the sar team when i got it that i believe i was the victim of identity fraud but i have never actually contacted the fraud/security side of o2.

may i ask what due for term fees means so i can go over the sar again.

Much Appreciated T

[slainte caragh]

On your actual SAR documents, there should be notes stating words to the effect of

Fraud identified: TERM FEES WAIVED.

Spoke to cust re dispute on account: Agreed TERM FEES WAIVED.

or

Full term fees apply as per t&cs (might just say term fees added)

Without knowing the cost of the tariff, and how far in to the contract you were, I can't tell you how much that would be.

Also, can you tell me what tariff it was, especially if it says the word BUSINESS or SME/B.

If that is the case I will fight tooth and nail for you, cos that isn't a consumer tariff.


With regards to never actually reporting the fraud, putting my customer service agent hat on (don't put it on often now- I no longer work there) I would say the inital response would be: Why not?

If you have known about identity fraud, why did you not report it to Fraud as soon as you found out about the contract? Did payments leave your bank account for the contract, and why didn't you contact them the second you saw the new phone?

With an internet purchase, you had a 14 day cool off period as well, if you had returned the handset then and there you would have been liable for nothing, if you allowed her to keep the handset, you agreed the contract.

please note, these are not my personal feelings, just the way 02 will look at it,

Proffesionally, you are were in a contract that didn't get paid for. It was yours and you are liable for costs.

personally Fight them tooth and nail!!!

[tomtom1]

Hi slainte caragh sorry for the delay in replying an awful lot has happened in our lives since i last posted like the missus being a few months pregnant lol just praying it's a girl as we have my 2 boys who live with us, Totally unexpected as she had ivf years ago and was told she could not have kids,

Anyhow back to the lowell situation, I told the sar team at o2 that i believe it was my ex wife and the guys email response which i saved stated it passed all the security checks as to not flag as anything else.

Anyway to everypne that has helped me i really greatly appreciate it, I have received a letter off lowell this morning saying the are discontinuing the case at court which was set for the beginning of june.

Now i have the dilemma of doing more digging to have the default removed.

The last payment made to the o2 account was september 2012 and lowell addded the default in october/november 2013 over 12 months later, Can they do this as there is no original default notice/letter in my o2 sar.

Cheers T

[Amethyst]

Oh Congratulations on your news - I hope all goes well for you all xxx and well done for getting this claim discontinued that's a bit of a weight off although still this credit file entry to deal with. It does seem it was legitimate - legally if not particularly morally - and it is due to fall off next year ( 6 yrs from default date )

If the last payment was made early on in the contract period then it is likely it didn't default until the end of the contract period so could well be 12 months later. Does noddle state the default date of 2013 ? ( sometimes a company won't report and it only gets added when a debt firm like Lowell take it over - but the default date should be the original ).

If you can get evidence that 02 did default it in 2012 ( default or termination notice etc or entry on screen from the sar records ?) you should be able to argue it should have been accurately reported ( 12 months later isn't accurate )