Credit Vs Services

[Tinylegacy]

Hi all,

I received a letter from the courts last week regarding an old debt to O2 (mobile phone).

I then sent a CCA to both Lowell and copy to Bryan Carter with £1 postal order using the template letter found on these very helpful forums.

I have today received a response from Bryan Carter Solicitors stating the following:

"We thank you for your recent letter.


We confirm that the Consumer Credit Act 1974 does not apply to the account because your contract is for services, not credit.

You can request a copy of your contract from where you originally obtained the device.

therefore, please forward your proposals to discharge the outstanding balance."


Now as i mentioned, I sent the CCA itself to Lowell - have I done it wrong? Where do I now stand - Do I need to contact O2 directly or are Lowell responsible for the debt now they have 'purchased' it?

I'm a little concerned as i'll need to contact the court soon to recognise their letter.


Many thanks for any help offered.

[FlamingParrot]

Re: Credit Vs Services

Hi all,

I received a letter from the courts last week regarding an old debt to O2 (mobile phone).

I then sent a CCA to both Lowell and copy to Bryan Carter with £1 postal order using the template letter found on these very helpful forums.

I have today received a response from Bryan Carter Solicitors stating the following:

"We thank you for your recent letter.

We confirm that the Consumer Credit Act 1974 does not apply to the account because your contract is for services, not credit.

You can request a copy of your contract from where you originally obtained the device.

therefore, please forward your proposals to discharge the outstanding balance."

Now as i mentioned, I sent the CCA itself to Lowell - have I done it wrong? Where do I now stand - Do I need to contact O2 directly or are Lowell responsible for the debt now they have 'purchased' it?

Hi and welcome

The CCA request wouldn't apply to a mobile phone contract because it's a service agreement rather than a credit agreement. It's not to do with Lowell having purchased the account from O2.

You can, however, send a request under CPR31.14 to Bryan Carter, for the documents mentioned on the particulars of claim as noted here: http://www.legalbeagles.info/forums/...ic-information

How old is this mobile contract? When did you last make a payment?

[FlamingParrot]

Re: Credit Vs Services

I'm a little concerned as i'll need to contact the court soon to recognise their letter.

Many thanks for any help offered.

Have you acknowledged service of the claim and stated your intention to defend in full? If not, you have 14 days from date of service (date on claim + 5 days) to do so. Once you do that, you have a further 14 days to submit your defence (a total of 33 days from date on claim). :clock:

Failure to keep to the timescales can result in default judgment in their favour. :incourt:

Other than the above, you don't need to contact the court with anything at this stage. You just need to send the CPR request letter to BC, recorded delivery. There is no fee payable and they should respond in 7 days. From everyone's experience, they never do, but you still have to follow the process. :ranger:

Can you post up the particulars of claim and any other info that could be useful to help you defend this claim? :typing:

[Tinylegacy]

Re: Credit Vs Services

Hello, thankyou very much for the quick replies.

The claim form states the account dates to 2009. In all honesty, I cannot ever remember being with O2, hence wanting to get to the bottom of the claim.

I shall get the CPR letter off to Bryan Carter ASAP - I have not yet replied to the Claim form (Northampton Court). The issue date was 9th May and annoyingly I was working away til a few days after that, hence wanting to make a move with this as soon as i can. The response from BC only came through the door this morning.

What other info may be of help?

[FlamingParrot]

Re: Credit Vs Services

Hello, thankyou very much for the quick replies.

The claim form states the account dates to 2009. In all honesty, I cannot ever remember being with O2, hence wanting to get to the bottom of the claim.

If it was just five years ago, surely you'd still remember having the contract if you ever had one.... Lowell may have got their cables crossed.

I shall get the CPR letter off to Bryan Carter ASAP - I have not yet replied to the Claim form (Northampton Court). The issue date was 9th May and annoyingly I was working away til a few days after that, hence wanting to make a move with this as soon as i can. The response from BC only came through the door this morning.

That was close! The 14 days would have been yesterday but you still have 5 days allowed for service.

You should be able to acknowledge online. :typing: Tick the box stating your intention to defend in full. :thumb:

What other info may be of help?

How much is the claim?

If you don't think this is your debt in the first place, then there isn't much else we could ask about the history of it.

[mystery1]

Re: Credit Vs Services

Hi all,

I received a letter from the courts last week regarding an old debt to O2 (mobile phone).

I then sent a CCA to both Lowell and copy to Bryan Carter with £1 postal order using the template letter found on these very helpful forums.

I have today received a response from Bryan Carter Solicitors stating the following:

"We thank you for your recent letter.


We confirm that the Consumer Credit Act 1974 does not apply to the account because your contract is for services, not credit.

You can request a copy of your contract from where you originally obtained the device.

therefore, please forward your proposals to discharge the outstanding balance."


Now as i mentioned, I sent the CCA itself to Lowell - have I done it wrong? Where do I now stand - Do I need to contact O2 directly or are Lowell responsible for the debt now they have 'purchased' it?

I'm a little concerned as i'll need to contact the court soon to recognise their letter.


Many thanks for any help offered.

Lowell are the creditor now. Their legal advice is dodgy, imo. If you have or can get the original agreement it will no doubt show that indeed property passed from you to them and as such it is not only a service agreement but includes elements of hire purchase and/or credit. Also look at any mobile phone shop/site and get the cheapest option on a tariff and compare dearer phones. Free my arse. Inclusive, yes.

M1