Lowell/O2 court claim CPR31.4 response received

[tomtom1]

Afternoon all,

I have had an email off the o2 sar team stating that the Credit Class - DD/CCA is to do with the carphone warehouse and i will need to contact them to ask what it means,

Would be greatly appreciated if anyone knows what it means as i may need to sar them too.

Cheers T

[jaguarsuk]

slainte caragh any ideas what DD/CCA means in relation to carphone warehouse?

[tomtom1]

Much appreciated jaguarsuk i'm assuming the dd is direct debit but the cca is throwing me as i keep reading about cca requests but didnt think that was linked to mobile phone contracts. I just don't think i'd have enough time to get an sar off cpw as the mediation was cancelled today due to lowell not supplying info asked for.

Cheers T

[jaguarsuk]

Much appreciated jaguarsuk i'm assuming the dd is direct debit but the cca is throwing me as i keep reading about cca requests but didnt think that was linked to mobile phone contracts. I just don't think i'd have enough time to get an sar off cpw as the mediation was cancelled today due to lowell not supplying info asked for.

Cheers T

Some mobile phones have been sold with Credit Agreements as I said in post #4 to repay the cost of the handset, these are subject to the Consumer Credit Act 1974.

The question is going to be what portion of the debt is for the handset and for the service.

Get the SAR off today to Carphone Warehouse, the sooner you do it the more chance you have to get the documents back quickly or not if they don't have it.

If the Solicitors knew part of the debt was regulated by the CCA it's more likely than not it would have been included in the Particulars.

As mediation was cancelled due to no documents then an order will be made of a date they have to pay the fee by and date of a hearing.

The fee date is often where these things are discontinued if they can't come up with the goods. Once you get that order it might be worth calculating what 18 days from the date of the fee being payable is, then popping the Claimant a CCA request with copy to their solicitor.

State in it that you understand O2 contracts at the time were split with handset finance and airtime agreement, believe this one would have been and that you request they consent to you amending your defence accordingly else you will make an application to amend it at their cost due to their "Statement of Case failing to give adequate information to enable me to properly assess my position with regards to the claim."

I can't guarantee it'll make them discontinue obviously, but it should focus their minds with the already outstanding part 31.14 request and the deadline to pay the fee approaching.

[tomtom1]

Great stuff jaguarsuk really appreciated your a star. I'll get it done now.

Big Thanks T

[slainte caragh]

Hiya jaguarsuk and tomtom1

Thanks for tagging me Jag, with relation to CPW and CCA agreements, to the best of my knowledge they cannot offer a contract with a CCA as they don't have a licence to sell them.

They claim is probably from unpaid DD, reasons this can happen are:

No formal cancellation requests
Disputed balances meaning that bills weren't paid

If you did not give 30 days cancellation notice or use a PAC code within 30 days then your contract continues.

All contracts have the 30 days cancellation notice written in to them

Hope this helps?

Callie

[Diana M]

with relation to CPW and CCA agreements, to the best of my knowledge they cannot offer a contract with a CCA as they don't have a licence to sell them.

The Carphone Warehouse is FCA authorised (and has been since 2005) > https://register.fca.org.uk/ShPo_Fir...000000MfRclAAF

However I've no knowledge of what exact name is on their contracts or details of their permissions.

O2 is the trading name of Telefonica which is FCA authroised > https://register.fca.org.uk/ShPo_Fir...000001SHmBcAAL

Di

[slainte caragh]

The Carphone Warehouse is FCA authorised (and has been since 2005) > https://register.fca.org.uk/ShPo_Fir...000000MfRclAAF

However I've no knowledge of what exact name is on their contracts or details of their permissions.

O2 is the trading name of Telefonica which is FCA authroised > https://register.fca.org.uk/ShPo_Fir...000001SHmBcAAL

Di

Just double checked with a contact in CPW, they do not offer contracts based on CCA agreements, mainly due to the networks not allowing them to do so!

[Amethyst]

Do they offer credit agreements for purchase of a device, as opposed to the airtime/data contract ?

[tomtom1]

Really appreciate the advice from everyone above getting on board,

So it will be pointless sending for an sar to cpw now the cca request is out of the window.

I have also just received the below from lowell offering a tomlin order along with a £100 court fee for it lol. I will type the letter out as it will be easier to read for all than my photography skills.

We refer to the above matter and confirm receipt of your defence

Please note that this account is a telecommunications account and therefore it is not regulated by the Consumer Credit Act. Consequently, the original creditor is not required to retain a copy of the agreement.

A copy of statements provided by O2 LTD are enclosed along with a copy of the reconstituated Notice of assignment.

We do intend to proceed with litigation at present however, our client is keen to resolve this matter amicably to avoid further legal action which would incur further costs and fees.

Our client is willing to reach an agreeable repayment arrangement in order to avoid the need for further litigation. We would therefore invite you to make any payment proposal to settle the claim.

Our client as advised us to offer a Tomlin Order agreement for you to maintain a payment arrangement if you are unable to clear the balance in one payment. A Tomlin Order is where both parties agree to a monthly instalment amount which will put the case proceedings on hold.

The agreement will have to be signed by both parties and then sealed by the court to mnake it binding. However, if you default on any payments outlined in the Tomlin Order, a County Court Judgement would be entered against you. Please note there is a court fee of £100.00 for the Tomlin Order which will be added to the outstanding balance on the account making the total outstanding balance on your account £922.03.

Please find the enclosed Tomlin Order to be completed with your repayment offfer and payment date. Please sign and return the Tomlin Order within 14 days from the date of this letter. Please be advised we are proceeding with the Claim at present in order to follow the court process and are currently awaiting the court to allocate the claim and set a hearing date.

[Diana M]

Just double checked with a contact in CPW, they do not offer contracts based on CCA agreements, mainly due to the networks not allowing them to do so!

Perhaps I should have been more clear in my hasty post at dawn this morning.

The Carphone Warehouse is authorised by the FCA to advise/sell insurance (such as mobile phone insurance). I believe the insurance provider may be Aviva.

They are only a third party when a customer enters into a mobile phone contract because the contract is in the name of the service provider and the consumer. They facilitate the business deal (as a go between) using linked software.

O2/Telefonica provide CCA regulated agreements when customers ‘purchase’ a handset payable in monthly instalments which is separate from their airtime/line rental service contract which is not regulated y the CCA.

O2 is authorised by the FCA as the trading name of Telefonica.

Di

[slainte caragh]

Do they offer credit agreements for purchase of a device, as opposed to the airtime/data contract ?

No, refresh etc are not offered by CPW.

They do however offer "freebies" for example "BUY AN IDIOT PROOF 439128H WITH ADDED KERPERKLES AND WE WILL GIVE YOU A FREE 928475J TABLET!" which would have to be returned if the contract isn't paid for in full.. and they will charge you for it,don't!

[slainte caragh]

Perhaps I should have been more clear in my hasty post at dawn this morning.

Di

No offence taken sweetie, I was actually glad you told me cos I had no idea

Callie

[slainte caragh]

Really appreciate the advice from everyone above getting on board,

So it will be pointless sending for an sar to cpw now the cca request is out of the window.
I would still suggest one for the original contract details, always helpful and shows you mean business! Also it will show things that will help out, like if you cancelled the contract early or where the bill comes from! If you had a dispute with O2 about anything it will also show the resolution- always check that you were not liable for termination fees!

I have also just received the below from lowell offering a tomlin order along with a £100 court fee for it lol. I will type the letter out as it will be easier to read for all than my photography skills.

We refer to the above matter and confirm receipt of your defence

Please note that this account is a telecommunications account and therefore it is not regulated by the Consumer Credit Act. Consequently, the original creditor is not required to retain a copy of the agreement.

A copy of statements provided by O2 LTD are enclosed along with a copy of the reconstituated Notice of assignment.

We do intend to proceed with litigation at present however, our client is keen to resolve this matter amicably to avoid further legal action which would incur further costs and fees.

Our client is willing to reach an agreeable repayment arrangement in order to avoid the need for further litigation. We would therefore invite you to make any payment proposal to settle the claim.

Our client as advised us to offer a Tomlin Order agreement for you to maintain a payment arrangement if you are unable to clear the balance in one payment. A Tomlin Order is where both parties agree to a monthly instalment amount which will put the case proceedings on hold.

The agreement will have to be signed by both parties and then sealed by the court to mnake it binding. However, if you default on any payments outlined in the Tomlin Order, a County Court Judgement would be entered against you. Please note there is a court fee of £100.00 for the Tomlin Order which will be added to the outstanding balance on the account making the total outstanding balance on your account £922.03.#
£922.03?!?! Are they sure this is for a phone and not a gold brick? You would have needed to have taken out a contract of about £60 per month for that amount, ask for a charges breakdown! VEEEEEEEEEEEERY fishy if you ask me!



Please find the enclosed Tomlin Order to be completed with your repayment offfer and payment date. Please sign and return the Tomlin Order within 14 days from the date of this letter. Please be advised we are proceeding with the Claim at present in order to follow the court process and are currently awaiting the court to allocate the claim and set a hearing date.

My comments and suggestions are, as always, in green.

I can help with the T&Cs and deciphering the jargon.. but leave it to Di and the other geniuses when it comes to the finer court parts!

Callie <3

[tomtom1]

Morning slainte caragh Sorry for the delay in replying and thanks for your info, I will get a cca request sent this morning, Do you think i should put to them that i have received my sar and that after seeking advice i believe the original contract or handset is covered by cca.

I know 100% that it was my ex wife that took out the contract as it was a pink phone and she also had me off for nearly 10k whilst i was looking after my terminally ill mother and she was meant to be controlling all my finances etc, If i reported her to action fraud or the local police would this also put a stop to them chasing me for it, Not really bothered about repercussions from her as i have custody of our 9 year old son so she couldn't use him as a weapon and stop me seeing him it's just that i'd rather not as i know 100% if he found out i got his mam arrested(if it came to that) he'd be pretty upset.

Cheers T