Lowell/O2/county court business centre claim

[Hatch92]

Re: Lowell/O2/county court business centre claim

As it stands I removed 13. Moved everything up one and added in any info I felt necessary to add to the defence plus all the details needed to have it match for this particular one.
Thanks for everything though everyone. Here's to hoping.

to confirm it would have been a phone contract as neither of us have ever used anywhere else, but also, where does it say missed payments? I can't see that anywhere and that wohld only have applied in the instance that it was just ceased to be paid. X

[slainte caragh]

Re: Lowell/O2/county court business centre claim

The O2 Refresh plan which provided two separate contracts: airtime agreement (unregulated) and device plan (CCA Regulated) was launched on 12th April 2013 > https://www.o2.co.uk/termsandconditi...and-conditions

The OP's agreement was in existence before that date because the POC (post #1) state the debt was assigned to Lowells on 31st January 2013 (assuming that's true of course )

Therefore the CCA would not apply in this instance.

Di

http://news.o2.co.uk/press-release/o...for-consumers/

O2 lease was in existance from 2011 and was approx £55pm, hence my question if the OP had a business phone (PLEASE NOTE o2 franchise stores had an awful reputation for selling business contracts to consumer customers until about 2 years ago!)

It is possible that the OP had a lease (subject to a CCA) and had no idea., the outstanding balance therefore would be a non return of phone charge.. and yes it IS chargable as it would be in the t&cs.

[Hatch92]

Re: Lowell/O2/county court business centre claim

Hey!
to the absolute best of my knowledge it was a normal contract but we've always paid around that amount as we've always had iPhones on contract.
Currently paying the same amount now each for our phone contracts too. Unfortunately all paperwork pre 2013 is long gone as we've moved a few times after some issues we had during the same period which is why I'm so adamant that this alleged debt is definitely not owed, we had to keep our phone contracts running out of necessity.

[Hatch92]

Re: Lowell/O2/county court business centre claim

We've always kept our phones too and every other contract we'll go to sim only for a term and then when one of us decides we want an upgrade we then go back into a "proper" contract if you will.
So it has all baffled me from start to finish and although I do feel like they will find some loophole somewhere to have this alleged debt be forced to be repayed but at the same time I know that somewhere they're going to have to prove without any doubt that it is in fact owed and I would really love to see that paperwork.

currently putting a form in to chase up the postal order I had sent and they claimed to have enclosed (which was said across 4 letters received on different days) because I have a feeling they will use it to make a ghost payment.

[slainte caragh]

Re: Lowell/O2/county court business centre claim

The problem both you and O2 face is that they only keep your notes for a maximum of 4 years after you close (or they close) the account.

Normal process for debt collection is as follows

14 days- bill
30 days - reminder

45 days- 2nd reminder

60 days - collections letters/assignment to in house debt collection

120 days - assignment to DCA.

After that time scale it gets a bit blurry, it can be bought and sold from DCA to DCA and they aren't the best at keeping the original creditor up to date!

[Hatch92]

Re: Lowell/O2/county court business centre claim

There was at least 7 months between O2 closing the account to Lowell buying it (as per what the letters state).

Lowell seem to be the most common DCA for our area too so they rarely sell back on. They've sat on this account for over 3 1/2 years now if the details are actually true.

[charitynjw]

Re: Lowell/O2/county court business centre claim

Re your defence para #12(b), it is no longer an offence to be non-compliant with a ss77-79 request.
http://www.legislation.gov.uk/ukpga/1974/39/section/78

[Hatch92]

Re: Lowell/O2/county court business centre claim

This template was given out from Rob to Joshb on his thread this February. Didn't feel a need to doubt or double check it but thanks for letting me know.
its too late to change it so it'll sadly have to stay like that.

Defence was submitted yesterday.

[Hatch92]

Re: Lowell/O2/county court business centre claim

Update.

small claims mediation paperwork arrived this morning.

do I say yes or no to mediation? Etc please.
many thanks for everything so far everyone.

[Amethyst]

Re: Lowell/O2/county court business centre claim

Generally yes, later on you will get a further form which you can state if you have enough documentation to proceed with mediation, and it's useful to have it in the offing just incase all the evidence turns up and is all correct - so potential for negotiating installment or settlement.

[Hatch92]

Re: Lowell/O2/county court business centre claim

In my defence my main issue was not enough paperwork to make a clear defence. So I definitely don't.
The whole issue over how the amount ever came about and whether it's correct.
so I'm not sure if I should say yes, because down the line I'm going to have nothing to do with?

- - - Updated - - -

Have nothing to show with**

[Amethyst]

Re: Lowell/O2/county court business centre claim

TBH it doesn't really matter, just gives you that opportunity to deal with it IF their case suddenly gets stronger ( which you could do anyway directly with the claimant )

[m150984]

Re: Lowell/O2/county court business centre claim

Did ou get an outcome on this case, im having a similar experience myself

[Hatch92]

Re: Lowell/O2/county court business centre claim

Hey!
I’m actually really happy to confirm that I did indeed get a good outcome from this. They discontinued about 4 days before the court date was set because I requested the judge requested all information missing etc and because the judge requested more information in general, they couldn’t provide it. The letter we received did state that although they were comfortable that this debt was true etc they were discontinuing. So after months of stress it was finally over about 2 weeks ago. Since then however I’ve had a new issue crop through regarding payday loans so I’ll be on with fighting that one too & looking to reclaim money from them also! Wish you nothing but the best of luck and my best advice is to be as precise as possible and be persistent. Don’t take it lying down. X

[pitbull10]

Re: Lowell/O2/county court business centre claim

Hello Hatch92

We are going through exactly the same thing with O2 and Lowell, same letter.
I sent them a prove it letter as advised and filed a defence of I have no contract with Lowell
I sent a copy of letter with court papers.
Lowell replied and said they would not provide evidence, just a copy of letter sent in September
heard from court today they have till 4th December to provide all evidence requested in prove it letter.
if they do then we have to put in further defence.
keep up the fight

pitbull10