Lowell o2

[Berrycherry]

Hi I had a email from lowell with a reference number asking me to contact them I did so this morning the debt in question is for a o2 contract totalling £330.08p that was taken out in 2013 and the account defaulted in 2014 they asked me to set up a payment plan I explained I would require more information on this debt thry said they could tell me again over the phone but are not obliged to send me any paperwork out in the post as the account defaulted and they dont have to show me any signed agreements as it was a mobile phone contract what should I do now?

[jaguarsuk]

Hi I had a email from lowell with a reference number asking me to contact them I did so this morning the debt in question is for a o2 contract totalling £330.08p that was taken out in 2013 and the account defaulted in 2014 they asked me to set up a payment plan I explained I would require more information on this debt thry said they could tell me again over the phone but are not obliged to send me any paperwork out in the post as the account defaulted and they dont have to show me any signed agreements as it was a mobile phone contract what should I do now?

Well, they are not telling you the truth.

If they tried to take this to court they do not have to show you a credit agreement as you won't have entered into tone, they do have to show you agreed to the O2 terms and entered into contract with O2. They also have to show that they are the legal owners of debt via a notice of assignment from O2 being posted to you.

I wouldn't bother dealing with them at this moment in time other than to advise them that you dispute owing the "alleged debt" and in the absence of proof to the contrary you will not discuss the matter with them any further. If they send a letter before action you'll need to deal with that in a specific way.

In the mean time send a Subject Access Request Letter to O2 to get all the documents they have, O2 are actually pretty good at responding and so should come back with quite a bit. The idea of this is that you will know before Lowell even try to ask O2 what they can or more importantly can't get documents wise to be able to asses how you go about dealing with them.

[Berrycherry]

Hi so today I got a email from lowell stating the date I took the contract with o2 and the date of my last payment to o2 lowell then said they deem the balance to be valid and owing and they will give me 30 days to review there findings should I reply to this?

[jaguarsuk]

Hi so today I got a email from lowell stating the date I took the contract with o2 and the date of my last payment to o2 lowell then said they deem the balance to be valid and owing and they will give me 30 days to review there findings should I reply to this?

I would simply reply saying you do not recognise either and that you require them to evidence the agreement you entered into with O2 along with the full terms of the agreement.

No Contract is enforceable in a court of law without the court being able to determine what the terms of said contract are, so in the absence of proof you entered into one and a copy of said contract you deny owing any amount alleged.

Finish the email with "It is not my intention to engage in litigation by correspondence or any sort of "horse trading" relating to this matter, therefore until you are able to evidence the alleged debt it is expected pursuant to the Protection from Harassment Act 1997 that you will cease all communications with me."