DISCONTINUED!! Lowell Portfolio vs Carm0512

**Kati** · 15th August 2017, 11:18:AM

Re: Lowell Portfolio vs Carm0512

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION] ... help please!!

**Amethyst** · 15th August 2017, 11:31:AM

Re: Lowell Portfolio vs Carm0512

Hiya xxx

Firstly, what did you enter as your defence?
Also, Do do you have a record of the payment you made to the debt collector ?

**Carm0512** · 15th August 2017, 11:41:AM

Re: Lowell Portfolio vs Carm0512

Hi!! Thankyou for your quick response!! My defence was just explaining that I made the original payment in time etc. Yeah I have email receipts and the payment on my bank statement.

**Amethyst** · 15th August 2017, 11:47:AM

Re: Lowell Portfolio vs Carm0512

Nice one. And do you have a letter or some kind of evidence showing when you were required to make the payment by?

Goodness only knows how it's gone from £160 and reconnection fee ( £145? ) to £1422.61 - the remaining line rental was over £1k ? Have you requested any information from Lowell at all about the debt ? assignment notice, default, how the debts been calculated etc? If not we may need to get that sorted - if you can post the particulars of claim from the claim form that would be great.

It's fine to put no to mediation in your situation as you deny the debt in full, pretty much regardless of what paperwork they produce.

**Carm0512** · 15th August 2017, 12:08:PM

Re: Lowell Portfolio vs Carm0512

I don't have anything evidencing when the original payment needed to be made by with it being so long ago. That's why I contacted O2 with a SARS request because I knew it would be on online chat transcripts but they have replied saying they have nothing as they only keep it all for two years.

Ive sent a CPP to Lowell using the template on this page, requesting any information they have but had no response from them even though it was sent in June - recorded delivery too so I know it got there.

the particulars of the claim are -

1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxxxxxxx
2) The defendant failed to maintain the required payments and the service was terminated.
3) The agreement was later assigned to the claimant on 28/09/2012 and notice given to the defendant
4) Despite repeated requests for payment the sum of £1,178.34 remains due and outstanding.
And the claimant claims
A) The said sum of £1,178.34
B) Interest pursuant to s69 County Courts Aft 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing a daily rate of £0.258, but limited to one year being £94.27
C) costs

:-)

**Amethyst** · 15th August 2017, 12:27:PM

Re: Lowell Portfolio vs Carm0512

Okay, when it comes to it you can plead that in your witness statement and Lowell will have to prove otherwise. So your CPR letter asked for the agreement and notice of assignment, they've not responded at all. Sorry just seen you did mention that in your first post - so all good.

YIp get your directions questionnaire back in, completely up to you about mediation, you can just say you don't have any documents and you dispute their claim in full, and the mediation would likely not go ahead. Plus you're under no obligation to accept any offer.

My only concern is that the O2 call centre bod that told you when to pay by wasn't correct under the terms of the contract - and as we have no evidence it's going to be your word against whatever the terms say ( if they provide them ) .... it is an argument though for disclosure of the actual agreement and terms.

Do you have the response from O2 as to your SAR request too? That will need to go in your witness statement later to show you tried to get that info and O2 refused. Be interesting if they do suddenly pop up with it for Lowell.

**Diana M** · 15th August 2017, 13:02:PM

Re: Lowell Portfolio vs Carm0512

I've only had a quick glance at your thread but Mediation is not about admitting a debt (claim) it's about seeing if there's any common ground to resolve issues.

I was recently involved in a Mediation (for personal not my firm's reasons) which was to do with a hopeless claim issued by an awkward person in relation to a property where he is my tenant.

To cut a long story short the mediation settlement was that he agreed to discontinue the claim and make a formal apology to me. So no monetary settlement and both of us went away satisfied after using the opportunity to rant (by him) and explain (by me).

Job done.

I'm not saying Mediation would work for you but don't discount it and don't refuse it on the DQ because that will make you look unreasonable in the eyes of the court.

Di

**Diana M** · 15th August 2017, 13:22:PM

Re: Lowell Portfolio vs Carm0512

Originally posted by Carm0512 View Post

In 2012 I fell behind on my payments O2 due to difficult personal circumstances. I was temporarily cut off and had debt collectors contacting me for the payments. I contacted O2 and was advised that I had to pay £160 to the debt collectors which was the outstanding balance plus a reconnection fee - in order to be reconnected. I did this in the timescale given but due to a lack of communication between O2 and the debt collectors regarding receipt of my payment- I was not reconnected in time and was told that as a result I would have to pay the remaining line rental. I complained about this at the time to O2 but got nowhere and was continuously passed between them and the debt collector.

Do those Debt Collectors still exist?

If so it may be worth a try to get some information from them over the "lack of communication between O2 and the debt collectors" as evidence in support of your Defence.

A WS from them would be nice but I doubt they'd play ball in case you ask them to pay any CCJ which could be argued they caused - but if you don't ask you don't get

Have you kept any of the formal complaint paperwork?

Di

**Carm0512** · 15th August 2017, 14:14:PM

Re: Lowell Portfolio vs Carm0512

Yep they've just not responded at all they haven't even acknowledged receipt of the letter so I'm glad I sent it recorded delivery.

Ill say I'm willing to have mediation so that the court doesn't think im obstructing anything - just wasn't sure if this was like an admission of ownership etc. I'll hold my ground that I don't owe the debt and see what they want to offer.

and yes I've kept the response regarding the SARS request - I've also got an email from the iniial advisor I spoke to at O2 when I started requested old information. He replied saying he could only access up to June 2012 and that if i wanted further back I would have to complete a SARS. That's a lot further back than the two years that they claimed they have kept.

- - - Updated - - -

Ah thanks so much. I was unsure if agreeing to mediation was a sort of admission of guilt but I'm happy to try it if it's not as I have nothing to lose. If we can't come to an agreement which I doubt we will - will it then automatically go to small claims hearing? Thanks so much

- - - Updated - - -

Ah good idea! I guess I don't know unless I try.

I havent got any original paperwork as it was so long ago. I have a couple of emails from me complaining that I'd made the payment but still hadn't been reconnected and from them saying they were looking in to it but nothing else. Could kick myself as I usually keep everything but you don't expect to hear anything from them 5 years later I guess! :-)

**Carm0512** · 10th October 2017, 11:33:AM

Re: Lowell Portfolio vs Carm0512

Hey guys

So I agreed to mediation but it was deemed inappropriate as Lowell hadn’t provided me with the documents I’d requested. It’s now been given a court date and I have until Oct 16th to file anything I wish to use in support of my case. I’m just after some advice on what to do now really? I plan to file a copy of the letter I sent to Lowell requesting the particulars of claim that they just ignored as well as the response from O2 regarding my SARS request (basically saying they only keep info for two years so can’t help). I also have an email receipt of my original £160 payment to the debt collectors when this all began that should have been enough to reconnect me as it was original payment and reconnection fee. I also have my complaint emails to O2 at the time.

is there anything else I could do or include?

thanks

**Amethyst** · 10th October 2017, 11:42:AM

Re: Lowell Portfolio vs Carm0512

You will need to write a witness statement to file with your evidence which basically spells out exactly the circumstances that lead to this point.

So .......

On xxxxxxxxxxxxx 2010 I entered into an agreement with xx for provision of xxxxxxxxxxx

In or around xxxxxxxxxxx 2012 I found myself in temporary financial difficulty

On xxxxxxxxx I contacted O2 to bring my account up to date

O2 advised me to pay £160 to xxxxxxxxxxxxxxxxx Debt Collection company which totalled the outstanding balance plus a reconnection fee - in order to be reconnected.

The amount of £160 was paid to xxxxxxxxxxxx on xxxxxxxxxx 2012 ( EXHIBIT B )

On xxxxxxxxxxxxx O2 informed me my payment had been made too late and they would not reconnect the service and I was liable to pay the remaining line rental.

etc etc....

Then you should put stuff about the actual claim and how the claimant hasn't provided a breakdown of the sum claimed, copies of the contract, notice of assignment and so on.

Just as a starting point put everything in then we can break it down from there if need be.

**Carm0512** · 10th October 2017, 11:59:AM

Re: Lowell Portfolio vs Carm0512

Thankyou so much! I’ll get cracking with that today. I’ve been reading over some similar cases on here and someone offered Lowell a token payment of £100 to drop the court claim etc? Do you think this would be worth a shot as I’m due to have a baby in the next few weeks and would ideally rather avoid a court situation. The only thing sparing me on is the fact they’ve sent none of the documents I requested and therefore may not have them?

**Amethyst** · 10th October 2017, 12:01:PM

Re: Lowell Portfolio vs Carm0512

£100 ? would be a bit of a bargain, they might have paid about that for it though. More realistically it would be a f&f of 50% of the debt for them to drop it, if that's what you wanted to do.

**Carm0512** · 12th October 2017, 14:12:PM

Re: Lowell Portfolio vs Carm0512

Hey! So I have received a letter from Lowell today detailing their evidence basically. I wrote to them back in June requesting a copy of their particulars of claim so the original agreement, assignment, default notice and formal demand - they completely ignored this request and have again failed to include any of these documents in the correspondence I’ve received today. They say that the original agreement is not exhibited because:

a) a copy was provided to the defendant at the outset;
b) there is no legislation requiring O2 to keep a copy of the original;
c) the Defendant has not denied the existence of the Agreement in his defence and
d) the Claimant does not have access to a copy.

They have merely included

1) a generic copy of terms and conditions from O2

2) a copy of a spreadsheet detailing payments from 15/08/2010 - 13/09/2012 (this doesn’t even have my name or account number on) the last transaction on which is a “write off-manual” credit payment that actually brings my balance to £0.00.

3) an invoice detailing a closing balance of £1178.34 - this has no breakdown of how that amount has been calculated and again contains none of my personal details.

4) a copy of a letter from O2 stating that they were transferring the debt to Lowell. The letter says I owe an amount of £1178.34 and says details of what that amount is for is included on the other side - However Lowell have not provided me with a copy of that side of the document. It also states that I should have a letter from Lowell called a notice of assignment.

5) a letter from Lowell saying they have purchased the debt. Nowhere on this letter does it say it is a notice of assignment.

6) a letter from lowell to myself chasing the debt

7) a “letter of claim” from Lowell threatening county court action.

Are these documents enough evidence for a court to uphold their action against me or are they obliged to provide copies of the particulars of claim that I have requested from them in particular the original agreeement. There’s literally no breakdown or calculation of where their amount has come from? They don’t even have details of how long was left on my O2 agreement for me to calculate myself how much line rental would have been owed if I agree I owed it?

Just after som advice on my next steps because I have to file my witness statement with court an Lowell by Monday!

Thanks

DISCONTINUED!! Lowell Portfolio vs Carm0512