Help with Fraudulent accounts

[bluebottle]

Re: Help with Fraudulent accounts

Do you know if the DCAs have purchased the debts from O2 or whether O2 still owns the debts?

[bigbigproblems]

Re: Help with Fraudulent accounts

Do you know if the DCAs have purchased the debts from O2 or whether O2 still owns the debts?

From the original paperwork I got when Lowells tried to take me to court, they debt was assigned to them... However it is all very odd. Firstly I have never had an assignment notice from either of the DCA's. And when Lowells tried to go for a CCJ they only issued proceedings for one of the accounts (they apparently own two of them).

I can only conclude from that, they think the other account is even less solid.

[bluebottle]

Re: Help with Fraudulent accounts

The Leeds Losers or Low-Lifes as they are also known don't bottle out of court proceedings unless they know they are going to take a kicking and lose or they get served with notice of an Unless Order. If the latter, Low-Lifes won't be able to settle fast enough.

[bigbigproblems]

Re: Help with Fraudulent accounts

The Leeds Losers or Low-Lifes as they are also known don't bottle out of court proceedings unless they know they are going to take a kicking and lose or they get served with notice of an Unless Order. If the latter, Low-Lifes won't be able to settle fast enough.

I don't know what an unless order is. I just know that I refused mediation, and wrote a defence on the basis that I had never had an account with the company. I said that I was looking forward to going to court, due to the constant harassment I was receiving.

I got a letter saying I had to supply my evidence which I did. I asked for evidence of the account. The day before I got an email with the subject title URGENT, which said they had discontinued. I think this is cheeky as they had said they had served this to me. However they refuse to accept anything by email... If I did not have an iphone I might not have got that and would have wasted a day driving to court.

However I currently am not taking any action on the DCA's. I have issued proceedings against the company that sold my information and these "debts" to them.

[pt2537]

Re: Help with Fraudulent accounts

So where are the proceedings up to now?

[bigbigproblems]

Re: Help with Fraudulent accounts

So where are the proceedings up to now?

I sent of a claim and paid the fee on friday. I have a feeling that I probably rushed into this without doing enough homework.

My claim basically says I am claiming for a breach of the DPA, and that I am asking for the removal and destruction of the incorrect information.

[pt2537]

Re: Help with Fraudulent accounts

I sent of a claim and paid the fee on friday. I have a feeling that I probably rushed into this without doing enough homework.

My claim basically says I am claiming for a breach of the DPA, and that I am asking for the removal and destruction of the incorrect information.

Ok, did you comply with the pre action protocol practice direction? ie did you send a letter before claim? if so, what did Lowell say?

[bigbigproblems]

Re: Help with Fraudulent accounts

Ok, did you comply with the pre action protocol practice direction? ie did you send a letter before claim? if so, what did Lowell say?

Sorry if this is not clear. I have not issued proceedings against Lowells. I have issued a claim against 02.

I did send a letter 7 days before starting the action. However they never replied to it. I also sent a letter to the CEO - who got someone from their "executive accounts" to speak to me, and basically said tough luck. They have sent me a letter saying this. (Well actually they did not ever contact me, I called them repeatedly after the 5 working days was up and eventually they spoke to me, after saying it had gotten lost at the bottom of paperwork).

So yes I did send a letter before action. However O2 ignored it.

[pt2537]

Re: Help with Fraudulent accounts

Sorry if this is not clear. I have not issued proceedings against Lowells. I have issued a claim against 02.

I did send a letter 7 days before starting the action. However they never replied to it. I also sent a letter to the CEO - who got someone from their "executive accounts" to speak to me, and basically said tough luck. They have sent me a letter saying this. (Well actually they did not ever contact me, I called them repeatedly after the 5 working days was up and eventually they spoke to me, after saying it had gotten lost at the bottom of paperwork).

So yes I did send a letter before action. However O2 ignored it.

Right, but if Lowells are recording data on your credit file, your claim is against them no?

[bigbigproblems]

Re: Help with Fraudulent accounts

Right, but if Lowells are recording data on your credit file, your claim is against them no?

Well my claim currently is that Lowells claim they can only change the data if O2 agree. I know that is rubbish. However O2 have sold me information to a third party - from my very very limited knowledge that is unlawful.

They have the power to take the accounts back and remove the defaults. I am therefore claiming of O2 as I assume (rightly or wrongly) that a respectable company are more likely to want to sort this, than a debt collection company.

[bigbigproblems]

Re: Help with Fraudulent accounts

Cabot are being helpful, when I asked them to remove the incorrect information, and pointed out that using my information incorrectly was unlawful I got the following reply:

Dear Mr XXXXXXX,

Thank you for your previous email with regards to the O2 account as above.

We would advise that your previous notes are irrelevant to this situation and we would confirm that our position remains the same.

Further information has been requested and we shall forward this on receipt, however you have advised the account is fraudulent and that O2 confirmed this, please would you forward evidence of this confirmation for our
further investigation.

We have a legal obligation to continue to report on this account and this will be the case until we have such evidence to the contrary to alter this.

Yours sincerely

Cabot Financial

They seem to think they can act however they like.

[teaboy2]

Re: Help with Fraudulent accounts

Reminds me of the Ferguson v British Gas Trading Ltd case. Though obviously slightly different back grounds, it seems to me that O2 like British gas have overall responsibility for the damage to the credit file and harassment the OP has been victim to at the hands of DCA trying to collect a debt the OP doesn't even owe.

OP read this it may help - http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

[bigbigproblems]

Re: Help with Fraudulent accounts

OKAY - small update. Emailed the CEO of O2 again stating that I still had not recieved my deadlock letter as promised. Basically pointing out again that they have failed to do what they have said. Got a call today from someone, demanding that I send them copies of my recordings... And that they will not file a defence again until I do this! She was very rude, and kept telling me what the judge would think and would do. She clearly didn't realise that I have been doing a fair bit of reading on this topic.

It ended with her saying she would send it to me in writing as I was not playing to her tune.

However... I have just got an email from Lowell saying they are closing the accounts and removing the defaults. They claim that it's because they don't have time to look into it... And that they and O2 are not accepting fault here.

So I'm 2 down and 1 to go. Annoyingly I've today found out I'm redundant so I'm in no mood to celebrate.

[teaboy2]

Re: Help with Fraudulent accounts

OKAY - small update. Emailed the CEO of O2 again stating that I still had not recieved my deadlock letter as promised. Basically pointing out again that they have failed to do what they have said. Got a call today from someone, demanding that I send them copies of my recordings... And that they will not file a defence again until I do this! She was very rude, and kept telling me what the judge would think and would do. She clearly didn't realise that I have been doing a fair bit of reading on this topic.

It ended with her saying she would send it to me in writing as I was not playing to her tune.

However... I have just got an email from Lowell saying they are closing the accounts and removing the defaults. They claim that it's because they don't have time to look into it... And that they and O2 are not accepting fault here.

So I'm 2 down and 1 to go. Annoyingly I've today found out I'm redundant so I'm in no mood to celebrate.

Have they sent you a written request under CPR (court procedural Rules) for evidence you you intended to use to support your claim against them in court?

As you do have to send them copies of evidence you intend to rely on in court so they can defend against your claim, if they make a written request under CPR!

[bigbigproblems]

Re: Help with Fraudulent accounts

Have they sent you a written request under CPR (court procedural Rules) for evidence you you intended to use to support your claim against them in court?

As you do have to send them copies of evidence you intend to rely on in court so they can defend against your claim, if they make a written request under CPR!

No - just a rude women on the phone.

They keep recordings off all their calls, so they don't need me to send them. However I am happy to do so if required.

However O2 are acting strangely on this. I don't understand why they will spend money defending a claim when they don't even own the accounts any more. If Lowells can write them off and remove the defaults then surely O2 would not waste time and money fighting the case for them. Odd.