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Hi,
I have received a claim letter from Lowell from an old O2 debt. I read through the first steps post and need advice on what letter/s I need to send.
The debt is a phone contract but it was a refresh contract so there were two parts that were paid separately one part for the tariff and one part for the cost of the handset. On my credit file there are two separate entries one for the handset which is specified as an unsecured loan and the monthly tariff which is specified as telecommunications Supplier. The claim in question relates to the unsecured loan part of the contract.
My question is do I need to send a CCA request letter to the claimant because of the loan aspect or do I just send a CPR request ?
Received a claim? Yes
Issue Date: 08/05/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £715.80
Claimant’s Name: Lowell Portfolio LTD
Solicitors Firm: : Lowell Solicitors Limited
Original Creditor: Telefonica UK Ltd (O2)
Original Debt (eg. 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 for a O2 Refresh account ('the Agreement') with Telefonica Uk Ltd. This Agreement provided both a service agreement for the provision of airtime, and a Consumer Credit Act 1974 regulated agreement for the provision of hardware.
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the service Agreement was terminated, with sums outstanding in respect of the provision of both airtime and hardware.
3) The Agreement was later assigned to the Claimant on 30/04/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £542.41 remains due and outstanding. And the claimant claims a) The said sum of £542.41 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £43.39 c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No last payment 30/09/2013
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details: I took out the phone contract in July 2013 I didn't realize until now the reason for having two entries on my credit file until googling the refresh contract. The reason payments stopped while on holiday in Egypt during August 2013 O2 decided to cut my phone off as the tariff payment direct debit got returned but the handset part got paid I have no idea why as there were funds in my account. On return to the UK I contacted O2 and explained I was abroad at the time and couldn't contact them and explained the mix up at the bank the woman on the other end was absolutely horrid said it was my problem and that I would have to pay re-connection charges, I stated that it was a genuine mistake and that it had not happened before and my account had always been in good standing since opening it in 2009. She simply replied it was tough and if I didn't pay they would get the money anyway through debt collection agency, so I just put the phone down as I couldn't be bothered to argue.
Thanks for taking the time to read.
BB
I have received a claim letter from Lowell from an old O2 debt. I read through the first steps post and need advice on what letter/s I need to send.
The debt is a phone contract but it was a refresh contract so there were two parts that were paid separately one part for the tariff and one part for the cost of the handset. On my credit file there are two separate entries one for the handset which is specified as an unsecured loan and the monthly tariff which is specified as telecommunications Supplier. The claim in question relates to the unsecured loan part of the contract.
My question is do I need to send a CCA request letter to the claimant because of the loan aspect or do I just send a CPR request ?
Received a claim? Yes
Issue Date: 08/05/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £715.80
Claimant’s Name: Lowell Portfolio LTD
Solicitors Firm: : Lowell Solicitors Limited
Original Creditor: Telefonica UK Ltd (O2)
Original Debt (eg. 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 for a O2 Refresh account ('the Agreement') with Telefonica Uk Ltd. This Agreement provided both a service agreement for the provision of airtime, and a Consumer Credit Act 1974 regulated agreement for the provision of hardware.
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the service Agreement was terminated, with sums outstanding in respect of the provision of both airtime and hardware.
3) The Agreement was later assigned to the Claimant on 30/04/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £542.41 remains due and outstanding. And the claimant claims a) The said sum of £542.41 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £43.39 c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No last payment 30/09/2013
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details: I took out the phone contract in July 2013 I didn't realize until now the reason for having two entries on my credit file until googling the refresh contract. The reason payments stopped while on holiday in Egypt during August 2013 O2 decided to cut my phone off as the tariff payment direct debit got returned but the handset part got paid I have no idea why as there were funds in my account. On return to the UK I contacted O2 and explained I was abroad at the time and couldn't contact them and explained the mix up at the bank the woman on the other end was absolutely horrid said it was my problem and that I would have to pay re-connection charges, I stated that it was a genuine mistake and that it had not happened before and my account had always been in good standing since opening it in 2009. She simply replied it was tough and if I didn't pay they would get the money anyway through debt collection agency, so I just put the phone down as I couldn't be bothered to argue.
Thanks for taking the time to read.
BB
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