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I have received a claim form from Lowell for a debt thatbis over 6 years old. How donI respond to the court please? Donthey have to include the original agreement? Please help me I reallt don't want them to get away with this. Thank you
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Re: O2 and Lowell
Good morning,Originally posted by kookixx View Post
When was the claim issued?
Exactly what forms have you received?
Can you post up copies of the forms after removing personal details and claim number please?
nem -
Re: O2 and Lowell
Hi
When you say the debt is over 6 years old what exactly do you mean, was the account opened over 6 years ago or has it been more than 6 years since the contract was terminated or maybe more than 6 years since the last payment was made.
If a claim form has been received, did you receive a letter before action and did you respond to it ? It seems some people , quite understandably , are confusing the letter before action with a claim form however each requires a different response.Comment
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Re: O2 and Lowell
This is what i received. I have never replied to them full stop and the account with o2 is more than six years old.Comment
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Re: O2 and Lowell
The AGE of the account is not what you need to look at it's the date of the last payment/default date.Originally posted by kookixx View Post
nemComment
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Re: O2 and Lowell
I've made no payments at all.Comment
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Re: O2 and Lowell
You need to acknowledge the claim per the response pack asap.
The Particulars of Claim state that the account was terminated.
What was the termination date?CAVEAT LECTOR
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Re: O2 and Lowell
Were there issues with the contract that led it into being taken out and not making any payments at all ? Was there a handset involved, had you tried to cancel ?
SOmetimes these contracts are of a fixed period and terminate at the end of the fixed period ( like 18 months etc) and that could be argued to be the cause of action date, so really need a bit more info on what happened with this contract to end up with making no payments and then receiving a court claim 6 years down the line.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: O2 and Lowell
You've left the claim number on the Claim Form which you’ve uploaded. You need to remove that because it can identify you.Originally posted by kookixx View Post
You also need to remove your password to prevent someone accessing your MCOL file online.
DiComment
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Re: O2 and Lowell
It was that long ago I have no idea. I'm going to assume that i didn't pay or my exgot it out in my name. I havent had a contract phone in avery very long time so I really can't answer the questions. I know i need to acknowledge the claim but if its more that 6 years old and no paymentd have been made isn't it statutes barred?Comment
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Re: O2 and Lowell
Get it acknowledged and then send off letters to find out more information - the CPR 31.14 and CCA request are a good start.
CCA Request Letter || CPR 31.14 Request Letter
A Subject Access Request Letter to O2 might be a good idea as well.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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