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**DISCONTINUED!!** Lowell Portfolio vs Carm0512

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  • #16
    Re: Lowell Portfolio vs Carm0512

    Were these documents provided to you as exhibits to their witness statement or have they arrived as a reply toyour letter requesting information?

    The spreadsheet detailing payments - does that have a balance figure on or is it literally just a list of payments ?

    Doesn't seem much like they have evidenced the amount they are claiming is due and owing - I'd carry on with your witness statement from what I posted at #12 and incorporate the documents provided and the issues with them making the case that documents are generic and in no way evidence the claim, only that an account may have existed with O2. I'd also include O2's failure to provide documents under your SAR ( and separately make a complaint to the ICO as I don't believe they only hold info for 2 years - pretty sure they are meant to keep more for tax purposes?) to show you have tried to find out hwo the heck this amount has been made up.

    Have a go and post it up and we can give you a hand refining/expanding if needed.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    • #17
      Re: Lowell Portfolio vs Carm0512

      @Amethyst

      Although Telefonica keep some records on file (mainly financials), they do not keep records of account notes, customer queries & the like much beyond 2 years. (Confirmed to me via Telefonica Data Protection dept.)

      Good morning btw
      CAVEAT LECTOR

      This is only my opinion - "
      Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

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      • #18
        Re: Lowell Portfolio vs Carm0512

        I'd still use that failing in the witness statement as it has rendered the claimant unable to evidence that the amount claimed is actually owing
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #19
          Re: Lowell Portfolio vs Carm0512

          The documents were provided as exhibits to their witness statement - they still havent even acknowledged my original request for the information.

          The spreadsheet detailing payments has a balance figure that stands as 0.00 - so I am really puzzled. I will try to upload a picture of the document to see if you can make any more sense of it.

          Thankyou

          Comment


          • #20
            Re: Lowell Portfolio vs Carm0512

            The 0 on the balance is where the original creditor sells on the debt to the DCA.
            Common Sense .... if in doubt, use it !

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #21
              Re: Lowell Portfolio vs Carm0512

              Comment


              • #22
                Re: Lowell Portfolio vs Carm0512

                Okay I have had a go at my defence - let me know if theres anything that needs changing/removing etc. ANY advice is so appreciated!!!! Thankyou




                • In 2010 I entered into an agreement with Telefonica UK Limited (“O2”) for provision of a pay monthly mobile phone. I do not have the specific details of this agreement, including the start or end date of the original agreement as the account was taken out so long ago. I have contacted O2 with a SARS request for any information on my account including any account notes or online chat transcripts and they have replied saying they no longer have any of the relevant records and cannot help me further. A copy of their response is exhibited at ( EXHIBIT A ).
                • In or around November 2011 I found myself in temporary financial difficulty and in January 2012 my account was temporarily suspended. I remained in contact with O2 throughout this period - and explained my circumstances. I had finished one job and was awaiting a start date on another. O2 seemed understanding to this fact and although my account was frozen, I was assured that due to my communication with them, that this was temporary until I could bring my account up to date. I was assured by staff after each phone call/online chat that my account notes would be updated to document my communication and the current agreement between myself and O2. As stated in point 1 - O2 cannot now provide copies of these account notes.
                • Once back in employment I again contacted O2 and I was advised by several members of staff that I had to pay 160 to Moorcroft Debt Collection Company which totalled the outstanding balance plus a reconnection fee - in order to bring my account up to date and be reconnected.
                • The amount of 166 was paid to Moorcroft on 15th May 2012. An email receipt was sent a couple of days later. ( EXHIBIT B )
                • Once payment was made I contacted O2 and was told my line would be reactivated within 2 hours but the process could take up to 24 hours in total.
                • When 24 hours had passed and my line was still not active - I contacted O2 for advice and contradictory to the phone call I had the previous day, was informed that they had not received any payment from the debt collection agency and that I needed to contact Moorcroft directly.
                • After being passed between the two and gaining no further clarification, I emailed the O2 complaint service for advice and to file a complaint. ( EXHIBIT C )
                • Within the coming weeks O2 eventually informed me that my payment had been made too late and they would not reconnect the service and I was liable to pay the remaining line rental. This had not been communicated to me at all - or even mentioned as a possible outcome, until this point and it was for that reason that I disputed the debt with O2. Although I had fell behind on payments I had made every effort to remain in contact with them and keep them notified of changes - bringing my account back up to date at the first possible opportunity.
                • Despite several attempts of resolving this situation with O2, I received no assistance from them and in October 2012 I received a letter from them to say they had transferred the debt to Lowell Portfolio. I have not had any communication with O2 since as whenever I tried they directed me back to Lowell.
                • When the debt was originally passed to Lowell, I contacted them to explain that I had disputed this debt with O2 and the reasons why. I was told by their staff that they could not discuss this dispute with me as they did not have the relevant details and they just sought to set up a payment plan. It is for this reason that I had no further contact with Lowell.
                • Upon receipt of the county court claim form I contacted Lowell to request copies of the particulars of claim ( to help me establish where this amount has come from and how it has been calculated. ( EXHIBIT D ) This was sent by recorded delivery (EXHIBIT E ) with the relevant payment on 18th July 2017 but no response was sent by the claimant. The claimant has then gone on to refer to the original agreement within their witness statement but has still failed to supply these documents despite my entitlement to inspect them. Without the original agreement or contract the claimant is unable to evidence that or why the amount claimed is actually due or owing.
                • The claimant has provided generic documents as exhibits to their witness statement that in no way evidence the claim nor the amount due, only that an account with O2 existed. None of the documentation provided break down the amount they are claiming nor do they explain how it has been calculated. ( EXHIBIT AK2, AK3, AK4 )
                • The claimant states that the account with O2 commenced on 14th March 2009. O2 contracts are usually for a period of 24 months so I cannot understand how in January 2012 - almost 36 months later, they are claiming I still have a remaining line rental of over 1000.



                STATEMENT OF TRUTH


                The defendant believes that the facts stated in this witness statement are true.


                I am duly authorised to sign this witness statement as I am the defendant.


                Dated this 15th day of October, 2017.






                Signed............................................ .................

                Comment


                • #23
                  Re: Lowell Portfolio vs Carm0512

                  Just to update ! I received a letter from Lowell today informing me that they are discontinuing their claim! So happy. Thankyou all so much for your help as I wouldn’t have been able to challenge this without you all!

                  Comment


                  • #24
                    Re: Lowell Portfolio vs Carm0512

                    well done give the court a ring in a weeks time to check they got discontinuance notice

                    Comment


                    • #25
                      Re: Lowell Portfolio vs Carm0512

                      Good news!

                      I'll give [MENTION=49370]Kati[/MENTION] a nudge to update your thread.
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #26
                        Re: Lowell Portfolio vs Carm0512

                        Well done xx
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

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