02 - Lowell Financial Limited / Fredrickson / Bryan Carter

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Hi all.. Really need some assistance..

I contacted the agency to offer a f&f settlement, I haven't yet received a reply from them or an acknowledgment that they received my offer. In the meantime do I have to reply to the court papers I was issued, and if so what option to I select?

This is all getting too much and starting to affect me and my day to day life. Please, any assistance or advise would be appreciated.

Regards, JohnBob

[Gorang]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Is the court paper you refer to a court summons (if it is what is the issue date on them)??
or just what Lowell have sent you??

Can you scan or take a pic of the court papers and (as FP asked in post 11) the letter from Lowell and post it up with all personal details removed so we can see what you have received form them, so we can advise correctly

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Apologies, I must have missed it previously.. I have attached the letters from Bryan Carter & Northampton Court (apologies for the scribbling out, I was rushed and didnt have much time to fiddle with the scanner!

The original debt was for 2200 but they have now added interest and court fees which has taken it up to 2700,

Once again thank you for any help.

[Gorang]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Yes respond to the court papers by going on to Money Claim On Line website, register and then acknowledge the claim, saying that you will defend, ASAP, (as you only get 14 days + postage days to acknowledge the claim then a further 14 days to submit a defence) this will buy you more time to look at everything and get advise with the way forward with this

I have no knowledge regarding phone contracts so will leave you in FP's capable hands

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I have sent Lowell a F&F offer which was signed for on the 5TH DEC 2013 - but have not had any reply to the letter.

What is the best way to respond to the court claim form, seeing as I have sent an F&F? If i defend the claim in full, they could use the F&F against me? Is it possible for me to defend part of the claim (up to my F&F)?

Please, please please... any help would be appreciated.

[Gorang]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

If you do nothing regarding the claim with the court then the claimant could/will gain a CCJ by default as you have not responded

If you acknowledge the claim by saying you will defend, this shows the court you have responded so you are not ignoring the claim

By saying you will defend (you don't need to say anything else in the acknowledgement stage ) this ONLY stops them from obtaining a judgement by default against you

your full defence goes in to court at a later stage, and if you decide that you are not defending then you can advise the court of that at a later stage, ONCE you have F&F confirmed by the claimant

Your plea can be changed at anytime with the court saying you will pay up IF they accept your F&F

No they can't use the F&F against you at all

Respond to the claim using MCOL website here
https://www.moneyclaim.gov.uk/web/mcol/welcome

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Thanks Gordon! I have submitted acknowledgement of service.

What should I do regarding the F&F, I have sent it to them but had no response; should I expect a response of some sort? Should I call them regarding this??

Does anyone have information on phone contracts, surely Lowell would be able to provide the original signed agreement?

Im sorry, its getting tough and there are a number of thoughts coming to me ...

thanks

[mystery1]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Have you still got a copy of the contract ? Any details at all ?

M1

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Hi M1, I have no details for the contract, nothing which is why I want to see it 'to believe it'.

[mystery1]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

The o2 contract you had have you any idea how much you paid per month and what phone it was ?

£2200 for one assumes no more than 24 months would be around £90 a month !

M1

[Hurricane Puffrose]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Hi Guys,

I know you like to be kept abreast of the latest developments, and I will look in to the OPs case deeper tomorrow if i have time at work, but if the OP took out a business contract with o2 and it was a lease contract, then he WOULD have signed a CCA!
These are 12month contracts and you agree, in writing on a CCA to return the phone or pay a handset non return fee, so if for example the OP took one out, kept the phone and stopped the DD, they may be charged the line rental, plus a termination fee, plus a non return fee for the phone (can be up to 50% of the cost of the phone) I would need to see when they were introduced to be 100% sure if this is the case in the OP's situation, but please be aware these things exist, and that "consumers" (ie non business people) can take these contracts out as long as they dont try and claim back the VAT!!

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I honestly can't remember the details.. no contract would possibly amount to over £90 a month, I want to know more as it could be fraud? I don't know what else to do, Lowell are hounding me, i can't get information on how the debt .. i don't know what to do.

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Hi Hurricane Puffrose, sorry what is an OP?

[Gorang]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

sorry what is an OP?

Original Poster of the thread ie you

Thanks M1 and Puff as I have no idea about phone contracts and what they come under, or are covered by in law, so I also am keen to see what can or can be done with phone contracts

I think I noticed another recent thread that was for a 02 contract which has been bought then claim issued as well from Lowell if memory serves, starting to wonder if Lowell has bought a shed load of phone debts too, just to add to their sheds load of CC and loan accounts

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

thanks Gordon, I have seen a few phone contracts threads on the forum but nothing that conclusively confirms either way on how the law sees mobile phone contracts.

I guess I have 14days now..