Bryan Carter / Lowell Portfolio Court Claim

[laurarodmell]

I have had an ongoing issue with Lowell Portfolio regarding an O2 mobile contract from 2011.

I started to pay the debt to basically get them off my back about the money as they were threatening bailiffs etc. When I had started to pay them i tried to get info re: the debt as I couldnt recall having an O2 contract.

They have never provided me with proof of the debyt and have since transferred it to Bryan Carter solicitors who have started to issue court proceedings.

I have sent my defence to the court stating that if they can provide proof of the debt I will pay the outstanding bill.

Since then, Bryan Carter have emailed me an 02 bill sent to me back in 2011 for the outstanding amount. On the bill no payments show as ever being made to O2.

Do bryan carter or lowell still have to provide me proof that they bought the debt or that the debt is still outstanding etc even though they have a bill from O2 stating there was an account with them at some point?
Or because i started to pay Lowell will they see this as acknowledgment of the debt regardless of the company providing proof??

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

Can anybody shed some light on this??

my court proceedings have already started

[Mineral1]

Re: Bryan Carter / Lowell Portfolio Court Claim

Hi

Have you actually spoken to O2? If so, what have they got to say about this? Presumably this would have been a contract in your name.... There are several ways to skin a cat, one is to carry out a Data Protection Act Subject Access Request on O2 (DSAR) basically you stump up a tenner and they have 40 days to disgorge any info they hold on you, although if they are so sure of themselves their customer service department if given a good shove should produce some kind of bills to back all this up. Have you actually received a court claim? If so please copy any claim minus any personal details and post them up ASAP

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

i have phoned o2 and they couldnt find a record but they did advise possibly because its such an old debt thats maybe why its no longer held by them??

bryan carter have forwarded a bill from o2 addressed to me which i dont recall having.

i also dont know how ti find out if this has been paid or is outstanding still?

i dont have court details to hand but will post later.

i received an initial court letter in which i sent a defence response stating ive no proof of debt and ive then received another letter stating its a case for small claims??

[Mineral1]

Re: Bryan Carter / Lowell Portfolio Court Claim

OK shove up the whole shebang later... Look if its 6 years + then its statute barred and as long as you defend as such then thats an absolute defense under law.
Once we see the clim then we will go after the info from the claim (POC) OK??
Now don't worry..... This will get sorted.... :tongue2:

[Mineral1]

Re: Bryan Carter / Lowell Portfolio Court Claim

Mind you if this dates from 2011 then O2 would have a record, you may well have to get at this info from Particulars of Claim...

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

the bill that bryan carter sent shows a bill sent 11/11/2011 - its then shows no payment made and that another invoice amount and then a final amount which looks as though its a contract breakage fee due to bills being unpaid??

its not statute barred until 2017 as far as im aware??

i did start to pay lowell so will it be statute barred from when o2 defaulted or from when i ceased payment with lowell?

im not sure what lowell or bryan carter have to issue me with to prove the debt..

is this bill enough tomay me pay this debt to them?

[nemesis45]

Re: Bryan Carter / Lowell Portfolio Court Claim

Going back to post#1 yes the payment to Lowell is an admission of liability and has restarted the SB " clock" from the date Lowell received the payment.

Any written acknowledgment of the debt in the relevant 6 year period also resets the clock.
When did you last pay Lowell?

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

end of 2013 i last made payment to lowell - i was paying $20 per month for about 6 months and stopped paying when they wasnt sending me any info i requested

[nemesis45]

Re: Bryan Carter / Lowell Portfolio Court Claim

Ok that means not SB until end 2019.

As M1 said earlier please post up the claim minus your name and address and the claim number, maybe there is something there.

nem

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

ok ill post later when im home from work..

thanks for the rwply

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

*reply

[nemesis45]

Re: Bryan Carter / Lowell Portfolio Court Claim

OK will look out for the post.

nem

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

so the claim form from court I have sent back along with my defence so no longer have a copy...

its was court proceedings from northamptin county court along with whether I admit or wish to defend my claima nd a wuestionnaire re: income/outgoings etc.

the second letter i received after that says its a case for small claims track, this too i sent back alongside a letter stating I have defended my case.

[laurarodmell]

Re: Bryan Carter / Lowell Portfolio Court Claim

I have now received a letter re" mediation??

can i ask for full details of the debt during this period?
im curious as to whether this bill theyve sent me from O2 is valid to prove a debt or do they have to provide info that its never been paid and when defaulted or cought by lowell etc?