• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Claim form - Overdales on behalf of Lowell (O2 Sim only plan)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Claim form - Overdales on behalf of Lowell (O2 Sim only plan)

    Hi,

    If possible I need a little bit of advice with situation bellow.
    Didn't even knew until today that forum like this actually exists. Probably I would spend less time reading and do less mistakes going through sections of justice.gov etc. just to try to understand my options and possibly manage it myself.


    Received a claim? - YES by post 09/04/2025
    Issue Date: 27/03/2025
    Have you Acknowledged the Claim?: Yes - AoS done by MCOL 11/04/2025
    Total Amount Claimed : approx. £900
    Claimant’s Name: Lowell Portfolio I Ltd
    Solicitors Firm: Overdales Solicitors
    Original Creditor: O2 UK Ltd
    Original Debt: as per claim approx. £700 - Sim only contract


    Particulars of Claim:
    The claim is for the sum of £**** due by the Defendant under a O2 (UK) Ltd account with an account reference of ********
    The Defendant failed to maintain contractual payments required under the terms of the account agreement.
    The debt was legally assigned to the claimant on 30-01-24, notice of which has been given to the defendant.
    The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £****
    The Claimant claims the sum of £****

    List any letters you have sent:
    - SARs to O2, Lowell and Overdales
    - CPR 31.14 Overdales

    Any Other Information or Background Details:

    Long story short:
    case is for O2 Sim only contract what I was believing that time it was properly terminated within 14 days. I wasn't even asking for proof of termination or so.
    Contract start date was 09/07/2023 and after few days I've called to cancel that.
    I've paid one bill send to me by O2 basically in less than a month and once again I wasn't questioning that total its a bit higher knowing that possible charges was applied.

    Until basically now my only defence point was that I was calling O2 to cancel my contract by phone within my 14 days rights. Not much I know
    Possible, that to my defence I would add information that I cant fully defend myself without documents or answer from Claimant site as


    But latterly now - when I'm writing this I'm also trying to 'cross check' all the information, dates, quotes etc.
    Just to be sure and mainly because numbers provided by Claimant doesn't make any sense for me I've got what I think my another main defence point is the actual differences:
    • I've agreed to O2 Sim Only Plus Plan 150GB £*** Lowell website state: O2 SIMO Ultdmins data 24M £**** Handset: Sim Only
    For now I think I can only wait for any sort of response or no before Ill add my defence by MCOL.
    Even 8% I'm pretty sure should be calculated for 422 not 421 days.

    Also I'm not sure how or what to do when I'm requesting service by E-mail. I've prepared some basic template but once again some websites/law blogs/google search says to add Solicitor name when other don't actually mention - agree or disagree.

    Also I have no idea if this is in some case relevant - around the time just before the O2 mess I had some cases assigned to Lowell - and paid in one transaction - few small debts one lump sum.
    I wasn't disputing anything only because they was truly my debts and mistakes but I believe that some kind of 'decision making' system or so made them stat this process.

    I can upload documents of what I have If needed - and I'm so sorry for my writing mess above.


    Tags: None

  • #2
    How do you get an original debt of £700 for an 02 sim only contract?
    £16 for first 6 months then £32 for next 6 months (1 year contract)
    Totals £288
    Penalties for missed monthly payments?
    Did you receive emails, letters from 02 about missed payments and penalties in 2023?

    0fcom fined 02 over £10m in 2021 for over charging customers

    Comment


    • #3
      They should provide the Terms and Conditions when the contract was taken out.
      I think at some point the Sim only must of been upgraded to a monthly contract.

      Comment


      • #4
        That is what I could not understand is how it was calculated but let me share my google drive - I've redacted them so should have no sensitive data


        https://drive.google.com/drive/folde...GQ?usp=sharing


        File: We've received your order. You're all set
        • O2 Sim Only Plus Plan 150GB £19.99 is what I ordered.
        File: O2 Welcome letter
        • confirmation that monthly price was £19.99 with 150GB of data - N/A for device.
        • I've redacted part of mobile nr for connection with rest of files
        File: IMG_8519 and 8520 (Letter from Lowell and O2)
        • I've redacted parts of reference nr and account nr for connection with rest of documents.
        File: Lowell account screenshot
        • Here where finally I've spotted the difference
        I was not even looking carefully for whole description until today when I started cross checking etc all the information
        • Tariff description on the Lowell side is £31.99 24mc sim only N/A - handset.
        • Last payment is correct - Like above in my original post I was aware that apart from £19.99 Ill pay more so I wasn't questioning.
        Mobile number, reference number and contact starting date are correct.

        I'm not aware about any letters from O2 or emails. Apart from bill what I was assuming is a closing balance.
        I'm not aware about letters from Lowell regarding this particular ref number. Apart from what I'm attaching. Also I've checked my email. Total of 0 from Lowell about this account.

        Im not aware about any post from Overdales apart from one called 'Letter of claim - you have 30 days to prevent legal actions' dated 21 October 2024.
        I've got 3 emails total from Overdales about pre action protocol, Notice of intention to issue a County Court Claim and that actual claim was issue.

        ​​​​​​​

        Comment


        • #5
          Originally posted by echat11 View Post
          They should provide the Terms and Conditions when the contract was taken out.
          I think at some point the Sim only must of been upgraded to a monthly contract.
          Thank you for your answer. It was actual monthly contract.

          For now Cant provide copy as I have no access to online O2 account. I'm waiting for them to reply for SAR

          Comment


          • #6
            Originally posted by PiratosS View Post

            Thank you for your answer. It was actual monthly contract.

            For now Cant provide copy as I have no access to online O2 account. I'm waiting for them to reply for SAR
            In the title you refer to 'O2 Sim only plan', a Sim only is a Sim that you top up for usage, there is no contact.

            What you had was a Monthly Plan with a O2 contract.

            Comment


            • #7
              Originally posted by echat11 View Post

              In the title you refer to 'O2 Sim only plan', a Sim only is a Sim that you top up for usage, there is no contact.

              What you had was a Monthly Plan with a O2 contract.
              My apologies - O2 Sim Only Plus Plan, Pay Monthly SIM only Plus Plan etc is used by O2 to name their plan/contract/order
              In this case mine was - O2 Sim Only Plus Plan. 24mc contract for £19.99 per month.

              Comment


              • #8
                I could be wrong
                You may have originally ordered 150 gb sim without any airtime. The order does not state the monthly minutes allowance or state unlimited minutes
                The last 02 bill states airtime debt of £156.67

                Somehow (possibly a mistake) the agreement got upgraded to unlimited minutes and data sim for £31.99/month, still a 24 month contract

                02 cancelled the agreement disconnecting the line in early November 2023

                02's method of calculating the early termination fee is included in their terms and conditions. They take the amount outstanding under the agreement (until July 2025 in your case) and deduct 4%

                IMO your defence should be on the grounds of:
                02 unilaterally changed the agreement (provided you didn't request/authorise the upgrade on the original order)
                Unfair contract terms under the Consumer Rights Act 2015 - the early termination fees being excessive and unfair on the consumer and giving advantage to the service provider

                Comment


                • #9
                  When they provide the requested information, you should get 'call logs', that should show that you called to cancel the contract.

                  Mobile phone companies are big on customer retention, so use all sorts of 'tools' to retain your custom.

                  Your mobile phone contract isn't covered by the CCA 1974.


                  a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

                  https://legalbeagles.info/library/gu...ledge-a-claim/

                  b) Send a SAR request to O2, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

                  https://legalbeagles.info/library/gu...ccess-request/

                  c) Send O2 a request for a copy of the contract and Terms and Conditions. Make sure you get Proof of Postage.


                  d) Send a CPR 31.14 request to Overdales Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

                  https://legalbeagles.info/library/gu...-of-documents/

                  e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

                  https://legalbeagles.info/library/gu...-court-claims/

                  Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

                  Comment


                  • #10
                    Originally posted by Pezza54 View Post
                    I could be wrong
                    You may have originally ordered 150 gb sim without any airtime. The order does not state the monthly minutes allowance or state unlimited minutes
                    The last 02 bill states airtime debt of £156.67

                    Somehow (possibly a mistake) the agreement got upgraded to unlimited minutes and data sim for £31.99/month, still a 24 month contract

                    02 cancelled the agreement disconnecting the line in early November 2023

                    02's method of calculating the early termination fee is included in their terms and conditions. They take the amount outstanding under the agreement (until July 2025 in your case) and deduct 4%

                    IMO your defence should be on the grounds of:
                    02 unilaterally changed the agreement (provided you didn't request/authorise the upgrade on the original order)
                    Unfair contract terms under the Consumer Rights Act 2015 - the early termination fees being excessive and unfair on the consumer and giving advantage to the service provider
                    That what I had somewhere In my mind - despite me calling O2 to cancel entire plan.

                    True - order state only

                    Item(s) ordered: 1 O2 Sim Only Plus Plan 150GB £19.99 £0.00 etc.


                    That why also I've uploaded a Welcome email from O2 - I think this would support my statement I'm not sure.

                    Device - N/A
                    Monthly price - £19.99 Terms apply, we've attached summary - I've attached this as well
                    Airtime plan - 24 month
                    Minutes - Unlimited
                    Text - Unlimited
                    Data - 150GB

                    As of - "The last 02 bill states airtime debt of £156.67" - I don't know I wasn't informed.
                    As of - "02 cancelled the agreement disconnecting the line in early November 2023" - Maybe is what they done but again I wasn't informed as I stated that Id like this contract to be cancelled. I've got one bill sent by O2 for the quote of £87.70. no more bills after that from O2.


                    Comment


                    • #11
                      Originally posted by echat11 View Post
                      When they provide the requested information, you should get 'call logs', that should show that you called to cancel the contract.

                      Mobile phone companies are big on customer retention, so use all sorts of 'tools' to retain your custom.

                      Your mobile phone contract isn't covered by the CCA 1974.


                      a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

                      https://legalbeagles.info/library/gu...ledge-a-claim/

                      b) Send a SAR request to O2, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

                      https://legalbeagles.info/library/gu...ccess-request/

                      c) Send O2 a request for a copy of the contract and Terms and Conditions. Make sure you get Proof of Postage.


                      d) Send a CPR 31.14 request to Overdales Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

                      https://legalbeagles.info/library/gu...-of-documents/

                      e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

                      https://legalbeagles.info/library/gu...-court-claims/

                      Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.


                      Thank you once again for a BIG BIG help.
                      As I mentioned I didn't knew that forum like that exist so between the date when I've got letter and todays post I've already gone through half of justice.gov website to somehow calculate my chances

                      AoS was the first think what I've completed especially that actual letter was already late.
                      I know that I cant ask for CCA
                      I've done SARs to O2, Lowell and Overdales so even if Ill get no response I can add this to my defence
                      Ive sent CPR31.14 as well to Overdales
                      Ive calculated I hope correctly that I have time until 29th/04/2025 to fill my defence and Im willing to wait until dead end.


                      Im just not sure how to ask for documents service via email incase of later actions.

                      Comment


                      • #12
                        Originally posted by PiratosS View Post



                        Thank you once again for a BIG BIG help.
                        As I mentioned I didn't knew that forum like that exist so between the date when I've got letter and todays post I've already gone through half of justice.gov website to somehow calculate my chances

                        AoS was the first think what I've completed especially that actual letter was already late.
                        I know that I cant ask for CCA
                        I've done SARs to O2, Lowell and Overdales so even if Ill get no response I can add this to my defence
                        Ive sent CPR31.14 as well to Overdales
                        Ive calculated I hope correctly that I have time until 29th/04/2025 to fill my defence and Im willing to wait until dead end.


                        Im just not sure how to ask for documents service via email incase of later actions.
                        If you've Acknowledged of Service online, then you would of given them your email address and permission, so no doubt they'll respond accordingly.

                        Comment


                        • #13
                          In the past Ofcom has investigated early termination charges and found 2 major mobile service providers guilty of unfair ETC terms. Ofcom stated that service providers should be aware of the consumer's rights under CRA
                          Please read "Unfair contracts terms guidance" published by the Competitions and Markets Authority at www.assets.publishing.service.gov.uk

                          Comment


                          • #14
                            Originally posted by Pezza54 View Post
                            In the past Ofcom has investigated early termination charges and found 2 major mobile service providers guilty of unfair ETC terms. Ofcom stated that service providers should be aware of the consumer's rights under CRA
                            Please read "Unfair contracts terms guidance" published by the Competitions and Markets Authority at www.assets.publishing.service.gov.uk
                            I don't think so this would apply to me I'm afraid. Ill wait for response from claimant side and O2. Then I can at lease have some view and what's the potential outcome could be. And If possible Ill not be afraid to counterclaim

                            Comment


                            • #15
                              Your case is that you cancelled the contract within 14 days and should only be charged for usage to that point and any termination charges simply don't apply.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X