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  1. #1
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    Default Lowell/O2/county court business centre claim

    Hey,
    I've spent roughly 6 hours tonight looking through as many threads as possible to try and collate the correct information before proceeding.

    Today we received a county court claim form from Lowell for my partner regarding an O2 account.
    The county court business centre in Northampton is the addressed court - which is problematic for us to be able to attend any hearings etc as we are from North Yorkshire.

    The particulars of the claim are as follows:
    1) the defendant entered into an agreement with O2 (uk) ltd under account reference XXXXXXXXXX ('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 £525.62 remains due and outstanding.
    And the claimant claims
    A) the said sum of £525.62
    B) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.115, but limited to one year, being £42.05
    C) costs


    Now there's a few issues I have personally with this as we can NOT be certain this account became statute barred or whether within the next 6 months it will become statute barred.
    We've also received no correspondence barring a previous later stating intent to claim against my partner with the courts - we received that last week and now this which we received today.

    From what I've gathered of reading around I need to submit a CPR 18 & CCA to the solicitors and a CCA to Lowell directly (to which I understand I need to specifically state that the £1 payable fee must not be used for anything other than its intended purpose - to prevent them from using the £1 to submit a payment against the account (surely they're playing with Fire doing that?

    I need to login to the online account to submit my intent to defend the claim also which shall be done asap.
    But I really just need some guidance, I understand why I'm doing what I'm doing but these guys just never seem to leave up. They're chasing me for an alleged debt that never even was a debt regarding an Avon selling account which I closed in the March of 2010 with verbal confirmation. Should I receive any correspondence I know a statute barred reply would suffice but this account issue is something else for us. We don't believe we owe the money as if he did, I would also owe money for the exact same reasons to the exact same company, which is not the case nor has it ever been.

    Some help and guidance would be adored.
    Please could someone provide me up to date appropriate templates for all letters I need to be sending out? Please and thank you.

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    Default Re: Lowell/O2/county court business centre claim

    Please could someone reply? X

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    Default Re: Lowell/O2/county court business centre claim

    tagging @Diana M @charitynjw 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

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    Default Re: Lowell/O2/county court business centre claim

    a CCA request won't apply here as this is a mobile contract ... but yes, you need to send a CPR (you can ask for the AGREEMENT and the NOTICE OF ASSIGNMENT as per the particulars of claim )

    The fact this claim has been sent from Northampton is not problematic at all ... it would get transferred to your local court before a hearing
    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.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
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    Default Re: Lowell/O2/county court business centre claim

    It would also be wise to send a SAR to Telefonica (O2) for all data held.
    http://legalbeagles.info/forums/show...quest-template
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    Default Re: Lowell/O2/county court business centre claim

    Thank you.
    SAR can take upto 40 days can't it?

    I'll only have 28 days max to file all this for my OH. Will I need to change anything within the CPR18 and should I be sending anything else?
    Do I need to send a postal order to them still also? Many thanks.

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    Default Re: Lowell/O2/county court business centre claim

    The SAR is more for your own info, so that you can see exactly what is on record with the original creditor & to compare that with any evidence that Lowell might produce.
    It does not necessarily form part of your defence.
    The time interval between filing a defence & any prospective hearing date is typically many months, so it probably won't matter too much not receiving it by the due date for your defence.
    It does usually cost £10, but could prove invaluable.
    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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    Default Re: Lowell/O2/county court business centre claim

    Hi there.

    really struggling to find my own post half of the time.

    So I went ahead and sent a CCA request anyway as I had it written down on my notepad from posts R0B(?) has helped on within the last few months and many people mention that a mobile phone contract DOES run under some cover by the CCA.

    i did receive a letter back stating a CCA doesn't apply here bla bla and they claimed to have sent the postal order back, however they absolutely did not.

    i sent a CCA request (without the fee, purely as a copy to which I noted the reasoning within the letter) AND a cpr18 to the solicitors, however they have not responded with anything I could use as a defence. The letters are poor, I'm feeling hopeful on th discontinuance grounds here as they're not playing ball and each letter finished with them trying to scaremonger and push for a payment plan to be set up. If someone could let me know the email address to send photos too I'll happily do so, so that these letters can be seen by someone who knows a lot more than me.

    my main issue is the little information they have means I cannot file a proper defence other than to request it to be struck out due to insuffiencent information supplied.
    i am sorry to ask, I'm usually fine under pressure but as I'm filing this paperwork for my partner whilst he works tirelessly I'm feeling the weight of it a little right now and trying to maintain organisation and professionalism within my paperwork really is hard when I'm rather angry about the whole situation.

    I just want to extend my gratitude for the help, support and continued help, support and advice. Thank you.

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    Default Re: Lowell/O2/county court business centre claim

    Hi

    I believe that you can check whether a postal order has been cashed. You would need the p.o. receipt (or a note of the reference no. of the p.o.) & the applicable form which you can get from a Post Office.

    If you use this forum's example defence (tweaked to suit your case), as things stand your defence would largely centre around the Claimant's failure to disclose evidence.

    http://legalbeagles.info/forums/show...t-Court-Claims
    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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    Default Re: Lowell/O2/county court business centre claim

    Quote Originally Posted by charitynjw View Post
    Hi

    I believe that you can check whether a postal order has been cashed. You would need the p.o. receipt (or a note of the reference no. of the p.o.) & the applicable form which you can get from a Post Office.

    If you use this forum's example defence (tweaked to suit your case), as things stand your defence would largely centre around the Claimant's failure to disclose evidence.

    http://legalbeagles.info/forums/show...t-Court-Claims


    for unknown reasons today I've received further letters with information however the paperwork does not look professional at all.

    Can someone please let me know where to email photos too so I can have these placed onto my post? Many thanks.

    also is Rob still around too? I know he's dealt with similar cases often throughout the years 2013-2017 at the least and would appreciate if someone could tag him here also please, thank you in advance for all help. X

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    Default Re: Lowell/O2/county court business centre claim

    There's also discrepancies in their paperwork which are baffling me if I'm honest.

    in one letter (claimed to be from o2) it states they transferred the account to Lowell 31/01/13. However the letter is dated 11/01/14

    Then Lowell wrote to say the had taken the account over on 11/01/14 also. Why would it take over a year?
    i really don't like this kind of thing because it becomes increasingly hard without trying to play them at their own "let's put some numbers in there" game, to seriously get on with a good solid defence.

    in the O2 letters it says and I quote "We closed an account you had with us on 22/05/12. But you still owe us £525.62."

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    Default Re: Lowell/O2/county court business centre claim

    Quote Originally Posted by Hatch92 View Post
    for unknown reasons today I've received further letters with information however the paperwork does not look professional at all.

    Can someone please let me know where to email photos too so I can have these placed onto my post? Many thanks.

    also is Rob still around too? I know he's dealt with similar cases often throughout the years 2013-2017 at the least and would appreciate if someone could tag him here also please, thank you in advance for all help. X
    @Kati @R0b

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    Quote Originally Posted by Hatch92 View Post
    There's also discrepancies in their paperwork which are baffling me if I'm honest.

    in one letter (claimed to be from o2) it states they transferred the account to Lowell 31/01/13. However the letter is dated 11/01/14

    Then Lowell wrote to say the had taken the account over on 11/01/14 also. Why would it take over a year?
    i really don't like this kind of thing because it becomes increasingly hard without trying to play them at their own "let's put some numbers in there" game, to seriously get on with a good solid defence.

    in the O2 letters it says and I quote "We closed an account you had with us on 22/05/12. But you still owe us £525.62."
    Per the Law of Property Act 1925 s136, notification of the assignment can be effected 'under the hand of the assignor' (basically, by anyone with the assignor's consent or permission).
    The fact that it appears to have taken a year or so doesn't really matter too much.
    It would only really be an issue if they tried to enforce before the Notice was served.
    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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    Default Re: Lowell/O2/county court business centre claim

    Quote Originally Posted by charitynjw View Post
    @Kati @R0b

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is
    kati@legalbeagles.info
    But please include a link to your thread so I know who you are.



    Per the Law of Property Act 1925 s136, notification of the assignment can be effected 'under the hand of the assignor' (basically, by anyone with the assignor's consent or permission).
    The fact that it appears to have taken a year or so doesn't really matter too much.
    It would only really be an issue if they tried to enforce before the Notice was served.

    Thank you, I'll take photos of each letter in the order I received them and try to block out all details necessary too. Just getting very confused at the minute and I really don't want to stumble with my defence and this to backfire on us. X

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    Default Re: Lowell/O2/county court business centre claim

    Email containing photos has been sent.
    Many thanks in advance x

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    Default Re: Lowell/O2/county court business centre claim

    ....
    Attached Images Attached Images
    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.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
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    Default Re: Lowell/O2/county court business centre claim

    so ... O2 closed the account on 22/05/12 and transferred it to Lowells on 31/01/13 (which I take to mean that it should have been defaulted sometime close to the earlier date IMO) :



    Lowells agree they got the account on 31/01/13:

    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.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    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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    Default Re: Lowell/O2/county court business centre claim

    Have you sent the SAR to Telefonica?
    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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    Default Re: Lowell/O2/county court business centre claim

    The SAR is on its way out too.
    What information am I looking for when all this comes back and as it stands currently, what kind of defence do I actually have?
    Obviously every reply sent is sent in my partners name as I'm dealing with all this but I just feel like he doesn't have a leg to stand on.
    Those dates that the letters were sent to a different address to where we were living annoy me too because we didn't receive anything to our new address and we've always stayed signed up to the electoral roll etc also, we could have sorted this years ago.
    And it wouldn't be statute barred until next May if I've read the paperwork correctly. Which would explain why within the space of a week we were bombarded with the notice to take us to court and then the court letter itself. Moving fast.

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    Default Re: Lowell/O2/county court business centre claim

    Hello, sorry for not getting back to you any sooner.

    Based on the current information I would be inclined to agree that your partner will struggle to put up any defence in court and the fact that you never received the letters is unlikely to win you the case as the debt is still live and owed. Unless O2 confirm that you default months before they closed your account, its not going to be statute barred. They've not mentioned in the particulars that a default notice was served so you can't rely on them proving it was not regulated by the CCA - this is therefore a simply contract for services.

    Unless I've missed it, there doesn't seem to be evidence that the amount stipulated is in fact owed. This is a valid defence but I wouldn't call it a solid one, though it is common ground that if your going to claim damages you need the evidence to prove it. Whilst your partner may have entered into a contract with O2 that doesn't mean to say that the debt owed is correct.

    Of course this is my own view and others may have a different opinion but at the moment, it doesn't look too good for your partner.
    DISCLAIMER: As a public forum, the content posted by me is intended as guidance in relation to your rights and responsibilities. It does not constitute legal advice or create any kind of special or other relationship. If you follow guidance, advice or other information I publish then you do so at your own risk and cost, and I cannot accept any liability. You should always seek independent legal advice by going to Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

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    Default Re: Lowell/O2/county court business centre claim

    Thank you for replying.

    This was my thoughts on the matter too.

    Aside from hoping the SAR request comes back to us in time, what other options do I have left or am I pretty much weeing into the wind from this point onwards?

    Where do I go from here as far as entering anything into the defence column as we don't want a CCJ against him obviously.

    Any help is appreciated at this point moving on as I've followed everything else I could do to this point, it's become very stressful and tiring and we really could do without it but there's also the issue of the court fees too. It's a sizeable extra sum of money on top.
    Many thanks in advance x

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    Default Re: Lowell/O2/county court business centre claim

    Also thank you to Kati for uploading the paperwork. If I haven't said it I apologise. I'm very grateful for all the help provided and all replies given. X

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    Default Re: Lowell/O2/county court business centre claim

    If it were me I'd continue defending for the time being (based on lack of disclosure/refusal of same) & wait to see what the SAR reveals.
    If nothing useful comes to light, deal with any offer at the mediation stage of proceedings.
    @R0b? (Hi R0b )
    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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    Default Re: Lowell/O2/county court business centre claim

    Do you dispute the amount owed? There doesn't appear to be any breakdown or discussion of how the debt with O2 came to be £500+ ?
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    Default Re: Lowell/O2/county court business centre claim

    Initially I would dispute the entire amount as explained at the beginning because during the period of time that's given we both would have defaulted on any contracts and that wasn't the case so obviously there's an issue somewhere.
    I can only imagine there was possibly 10 months left on the contract to make it a feasible amount per month on the contract too as neither of us have ever paid more than £50 a month for a contract.

    They've given me a date of 3rd of July to place my defence too so I'm hoping and praying that the SAR does return with enough time to spare.

    If not and we have to deal with meditation to come to an agreed payment plan I will be pushing to make sure it's the least possible amount we can give a month, however much that may be 😰

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    Default Re: Lowell/O2/county court business centre claim

    Quote Originally Posted by Hatch92 View Post
    Also thank you to Kati for uploading the paperwork. If I haven't said it I apologise. I'm very grateful for all the help provided and all replies given. X
    you are more than welcome hun ... that's why I'm here 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.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

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