Lowell (o2) vs PS need help please

[szela]

Hi
I received court claim form against me. Claimant is Lowell portfolio.

In short I was " pay IF you go" in 2016 I receive a phone call form O2 and they ask me if I want move to pay monthly. I agree they say next mont I will move automaticli to monthly plan . then this same or next day I change my mind on online chat say I change my mind I don't want to move pay monthly they say ok and will sorted out for me. next cuple day I found on my online account 13 pound credit so I use online chat again. told them about that I change maind and now got 13 pound credit thay say ingore that they will sorted out.

I got couple more online chat with them about that.
one month after that they switch off my pay as you go sim. but doesn't turn on pay monthly sim (on monthly I don't use any min text or data )
then month or two after O2 cancel my contract and request 276 pound.
I got all script from my chat with O2


Below info is what I have so far, and I responded to the claim online with the intent to defend in full

Received a claim? Yes
Issue Date: 17/08/18
Have you Acknowledged the Claim?: Yes (Intend to Defend in Full)
Total Amount Claimed: £373,57
Claimant's Name: Lowell Portfolio LTD
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: O2
Original Debt (e.g. Credit card/Loan/Overdraft): Phone contract
Particulars of Claim - Please type out in full excluding names/account numbers:
1) The Defendant entered int an agreement with O2(UK) under account reference XXXXX6237 ("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 30/06/16 and notice given to the Defendant
4) Despite repeated requests for payment, the sum of £276,45 remains due and outstanding
And the Claimaint claims:
a) The said sum of £276,45
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.061 but limited to one year, being £22,12
c) Costs


What I should do in that case.
Can I send script of my online chat to court like my defence against claim.
If I don't use at all monthly SIM(don't send any text , min or use any data ) it is like I don't agree with O2 monthly agreement

I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1

Answer : As this telecomunications account it is not regulated by consumer Credit Act 1974 therefore the original creditor in not obliged to provide you with a copy of the agreement or default notice. Inserting the SIM card and usage of the equipment is taken as acceptance of the therms and conditions of the contract


Many Thanks for any help.

[jaguarsuk]

Okay, so you need to send a CPR 31.14 Request to the Solicitors asking for copies of

1. agreement with O2(UK) under account reference XXXXX6237 ("the Agreement")
2. Notice of Assignment

And you need to send a Subject Access Request Letter to O2 asking for copies of:

1. agreement with O2(UK) under account reference XXXXX6237 ("the Agreement")
2. Notice of Assignment
3. Full history of the account
4. any other information they hold of you.

The scripts are going to be important and once you have a copies of the agreement it'll have the terms of the contract, so your defence will be that you entered into the agreement and then within the terms terminated it, therefore nothing is owed.

We need the terms to be able to cite which clause of them gave you that right.

[szela]

I already send a CPR 31.14 Request to the Solicitors asking for copies of

1. agreement with O2(UK) under account reference XXXXX6237 ("the Agreement")
2. Notice of Assignment

Solicitors send me back

1 agreement with O2 they take that from o2 web side print and send to me.
https://www.o2.co.uk/termsandconditi...-11th-nov-2015

On that agreement with 02 I don't see any the change of mind period.
only that I found what I can use:
1.2 Price changes
(c) If you do not accept the new Charges you may be able to stop using the services or terminate your Agreement by giving us notice within 30 days of being informed of the new Charges. If you don't give us notice you accept the new Charges and the Agreement will continue with the new Charges. Full details of how and when to give notice and the circumstances under which you can terminate your Agreement are in Sections 5 and 8 of your Pay Monthly Mobile Agreement.

2 they send me Notice of Assignment.


I will send Subject Access Request Letter to O2 today using email SubjectAccess@o2.com
that will be quicker and I will have a proof to send as well
Many Thanks for your Help

[szela]

Hi I need help with my defense I got time till 19 september to send that.
Send Subject Access Request to O2 and after identification they got time to 23 september.
Anyone can check my defend and tell me about my mistakes


MY Defend :

1 I received the claim xxxx from the Northampton County Court on 17 August 2018

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.It is agreed that the Defendant has entered into an agreement under account referance xxxx with O2(UK)

4 Under Tariff terms and conditions Sections 1.2 Price changes (c) The Defendant terminated agreement by giving O2(UK) notice in 30 days

5 Therefore the defendant denies owing any money to the Claimant

6 As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.
7.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.

8 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.





About agreement with O2. Lowell send me tariff term and conditions but it isn't complete (section 1.2 Price changes(c) .....you can terminate your Agreement are in Sections 5 and 8 of your Pay Monthly Mobile Agreement...

There is not section 7 and 8

[jaguarsuk]

Hi I need help with my defense I got time till 19 september to send that.
Send Subject Access Request to O2 and after identification they got time to 23 september.
Anyone can check my defend and tell me about my mistakes


MY Defend :

1 I received the claim xxxx from the Northampton County Court on 17 August 2018

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.It is agreed that the Defendant has entered into an agreement under account referance xxxx with O2(UK)

4 Under Tariff terms and conditions Sections 1.2 Price changes (c) The Defendant terminated agreement by giving O2(UK) notice in 30 days

5 Therefore the defendant denies owing any money to the Claimant

6 As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.
7.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.

8 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Except para 4 of your defence isn't how things happened because in post #1 you said "then month or two after O2 cancel my contract and request 276 pound. "

At a hearing you would need to produce the documentary evidence of you cancelling the agreement per para 4 of your defence, but if you didn't do that then you won't be able to produce it and will fail.

[szela]

I have put para 4 because in post #2 you said....so your defence will be that you entered into the agreement and then within the terms terminated it, therefore nothing is owed.


Just to make clear O2 call me with great deal for me on phone I say on I agree for pay monthly. Then next day on online chat I say "I change my maind I want stay with my pay as you go "

I was received reminder of payment 7/04/16 (I contact with O2 they say ignore that ) then notice of disconnection 14/4/16 (I contact O2 again ) next letter was 17/7/16 saying they close my account 18/04/16 but I still owe 276,45 and transferred my account to Lowell

[jaguarsuk]

I have put para 4 because in post #2 you said....so your defence will be that you entered into the agreement and then within the terms terminated it, therefore nothing is owed.


Just to make clear O2 call me with great deal for me on phone I say on I agree for pay monthly. Then next day on online chat I say "I change my maind I want stay with my pay as you go "

I was received reminder of payment 7/04/16 (I contact with O2 they say ignore that ) then notice of disconnection 14/4/16 (I contact O2 again ) next letter was 17/7/16 saying they close my account 18/04/16 but I still owe 276,45 and transferred my account to Lowell

Okay, so in that case you cancelled within your cooling off rights under the Consumer Rights Act 2015. Change para 4 to that and you'll use the screen chat logs as part of your evidence at Witness Statement stage.

[szela]

I will do
Thanks mate, you're a legend

[MIKE770]

O2 contract not agreement surely>>??

[szela]

Hi again,

I have received a "Notice of proposed allocation to the small claims track" and also a directions questionnaire. Do I put yes to "the small claims is the appropriate track" and also do I should agree to small claim mediation service?

many thanks for your help

[jaguarsuk]

Hi again,

I have received a "Notice of proposed allocation to the small claims track" and also a directions questionnaire. Do I put yes to "the small claims is the appropriate track" and also do I should agree to small claim mediation service?

many thanks for your help

Here's a guide to filing in the N180: http://legalbeagles.info/forums/foru...ims-track-form

[szela]

Thanks JAGUARSUK