Court Claim - lowell portfolio / o2 - 24-10-2017

[Andy P]

Received a claim? Yes
Issue Date: 24-10-2017
Amount approx: 800
Claimant: lowell portfolio
Solicitor: lowell solicitors ltd
Original Credit: o2

Particulars of Claim:
see above

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
ive disputed this from the start

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

ok. try again as. previously it didnt load up and it took a while.
Particulars of claim. 1/the defendant entered into an agreement with o2 (UK) ltd.under account ref: 102******** (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 the 28/5/15 and notice given to the defendant
4/Despite repeated requests for payment the sum of £657.62 remaind due and outstanding
and the claimant claims a) the said sum of £657.62 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. accruing at a daily rate of £ 0,144 but limited to one year being £52.61 c) costs

[Amethyst]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

Can you give a brief history/background to the unpaid bill - issues with service / cancellation / included handset etc ?

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

on 26 yh n0v 2014 i took out an agreement for mobile phone at car phone warehouse.
thet were more interested in selling me insurance. i never read the contract as it was e mailed to me . I was not made aware of the 14 day right to cancel. the phone was for a freind of mine. I already had a phone with virgin mobile. I had to cancel the contract as my freind did not make payment to me and they were runnung up a debt on the phone.
I called o2 and told them to restrict/stop the the service to avoid further use.

I received a welcome package around the same time. 1/12/14

After reading through the small print I noticed the cancellation clause in the small print.

I called o2 and spoke to their advisor(kimberly) . 13/12/14 0935hrs who advised me to return the hanset to carphone warehouse. this i did the next day. where I was told 1/ it was too late to cancel g.2/ they couldnt take it as the ear pieces were missing. (it was otherwise complete with charger/packaging etc.) I wrote to o2 to complain. i have the original letter filed on my computer.

I didnt hear back from them but they wrote soon after to say they were terminating the service for non payment, bearing in mind i had already requested the service to be restricted/stopped,
o2 only keep their phone call data for a max of 6 months.to2 have confirmed there was no cancellation phone cal within the 14 day cooling off period. I have offered lowell (without predudice)
£200 goodwill, payment.

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

virgin mobile previously confirmed my call was made to o2 as described above. but im now asking for written/e mail confirmation. iwrote to o2 requesting transcript of the call but they only keep that data for a max of 6 months. and of course theve no interest now as theyve sold this account to lowells.

[Amethyst]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

This was instore that you took out the phone contract and you signed the agreement on paper at the point of sale? As an on-premises contract there is no requirement for a cancellation period nor to be notified of the cancellation period if one is provided for by the contract. Did you take a copy of the agreement away with you on paper or was it just emailed to you?

Did you pay the debt that your friend had built up on the phone before you tried to cancel the agreement ?


This is the required information to be provided for entering into an on-premises contract

The information referred to in regulation 9(1) is—

(a)the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

(b)the identity of the trader (such as the trader’s trading name), the geographical address at which the trader is established and the trader’s telephone number;

(c)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(d)where applicable, all additional delivery charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(e)where applicable, the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the service;

(f)where applicable, the trader’s complaint handling policy;

(g)in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

(h)where applicable, the existence and the conditions of after-sales services and commercial guarantees;

(i)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(j)where applicable, the functionality, including applicable technical protection measures, of digital content;

(k)where applicable, any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

Im sure I signed in store. with the terms and conditions being sent to me by e mail.
I did write to o2 to asking if I had paid enough to cover the data/use of the phone. also requesting details as to where I should return it. but heard nothing. I assumed, after requesting it to be blocked
for security reasons they would bill me for anything up to that time.

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

If I only discovered I could cancel within 14 days from the small print in the welcome pack which i received on the 1st dec..which was my point when I called o2 on the 13th Dec. the advisor shouldnt have told me to take it back to car phone warehouse, unless she agreed I had a valid point.

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

I was mis-led. had i thought I would have to fullfill the 2 year contract I would have used the phone myself..

[Amethyst]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

I completely agree with you.

You've acknowledged the claim, have you sent any letters as yet - you want to do a SAR to O2, possibly and carphone warehouse, and send a CPR 31.14 request asking for the agreement, notice of assignment and date of termination & any notice of - and a breakdown of how the debt is made up.

The issue seems to be between Carphone warehouse and 02 saying different things - O2 saying it was fine to cancel and carphone refusing to accept the phone.

Your letter to O2 made it clear you were cancelling as discussed by phone previously ?

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

ok, ty. i will do that. in the meantime i need to submit my defence by 25th nov. what should i submit at this point.? ty for your advice to date :-)

[Amethyst]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

Okay - did you send any requests for information to the claimant or just file your AOS ?

[Diana M]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

on 26 yh n0v 2014 i took out an agreement for mobile phone at car phone warehouse.
thet were more interested in selling me insurance. i never read the contract as it was e mailed to me
. . . I called o2 and spoke to their advisor(kimberly) . 13/12/14 0935hrs who advised me to return the hanset to carphone warehouse. this i did the next day. where I was told 1/ it was too late to cancel g.2/ they couldnt take it as the ear pieces were missing. (it was otherwise complete with charger/packaging etc.)

Two things.

Firstly, if you took out the contract in November 2014 it's possible that this would have been a "split tariff" where the line rental cost was separate from the handset charge (albeit paid as one monthly amount for billing purposes) which would have been a Phone Plan Credit Agreement regulated by the CCA.

I would send a s 78 CCA Request to Lowell asap.

Secondly, what happened to the handset?

You say the Carphone Warehouse refused to accept the return of it since the ear piece was missing, but was that the only reason (incomplete)? You also say that O2 told you to return it to the Carphone Warehouse which suggests that they (O2) accepted the cancellation.

Di

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

I brought the hanset home. wrote to o2 on 24/1/15 complaining ,,at the same time asking them where I should send the hanset. also i suggested as id made some payment which hopefully covered data use up to the point when i asked for the service to be restricted.
looking back on the "notice of Diconnection" o2 sent 20/3/15 they said"we will send you a final bill in the next six weeks. This will cover the money you owe us,and might also include the line rental
for the remainder of your contract with us" So it appears line rental was seperate?

[Andy P]

Re: Court Claim - lowell portfolio / o2 - 24-10-2017

hi I found all the posts,, ty. im now composing a defence letter to attach to the ccj response.
Ill post it registered sat. as sun is last day for response.
what do you suggest I say at this point. btw ill be e mailing Di to establish if she think she can help.
i was offered a 40% off a while back wondering if its worth trying to negoiate? Andy