Lowell/Hamptons/o2

[eskimo1610]

Hello everyone,


i received some great advice in another section of the board and i'm looking for a bit of help with an ongoing problem I've been having with lowell,formally from o2.


So here goes!


I took out a single contract for 2 mobile phones in January 2008 for me and a partner,it was good old days that you could still take out a contract for 12 months and this is what i always did at the time. Well after the 12 months, if memory serves me right about 17 months later i cancelled the contract and went back to pay as you go with 02.


I know i only signed for 12 months as i still have the original contract here that i signed on the day in the shop with the 12 month box ticked at the bottom! I've attached just in case.


Skip 6 months,i receive a letter in early 2010 from 02 telling me i had defaulted on my agreement with them and before i knew it i had a letter i believe it was from lowell but i cant be sure it could have been from another collection company.


They were claiming i owed them £350+ for cancelling my contract early, obviously i hadn't so i wrote to them immediately and i told them this, they promptly wrote back and apologized, said they had contacted o2 and they had made a mistake and nothing was owed.

Having just checked Lowell or 02 put a default on my credit file on 08/07/2009,I've never checked my credit file until recently so that's why I've never seen it!


Bringing this up to around last September time my home phone starts getting lowell's highly annoying automated telephone messages, the ones that say they need to talk to me urgently,they then start doing the same thing but from a spoofed mobile phone number numerous times per day from 8am right through to 10pm at night, the usual debt collection annoyance. They're still doing the calls, less frequently but when they start they do it at inappropriate times which i know is not allowed and i'm starting to get my horrible anxiety back whenever the phone rings which isn't good.


It went quiet for a few months until recently i start receiving letters from lowell and all becomes clear, they are once again collecting a phantom debt of £384.46 that dosent exist from 02, the letters are getting more and more threatening until today when i get the classic 'we have assessed your circumstances for court action' letter.




If anyone has read my other thread in the court claims section you'll appreciate i'm in a rather bad state of mental health and i really cant deal with much more currently as i'm already having to deal with a debt that dosent exist from mkdp in the ncc.


Could anyone offer me any advice or let me know which of the rules they are breaking that i can include in a letter,just to try and stop them from contacting me again and closing the matter once and for all, does it help that i have the original agreement to hand? i'm wondering if i need to sent it etc.


I've attached the two of the letters I've received in the past few weeks,the latest one claims they can now apply for a ccj,they haven't even started a claim, isn't this against debt collection rules?




Thanks in advance for any help given,your all stars!

[eskimo1610]

Re: Lowell/Hamptons/o2

Can anyone help with this?

[mystery1]

Re: Lowell/Hamptons/o2

Can you scan up your original agreement please or tell me it mentions anything about the actual phone or just the text and minutes allowances ?

Also does it have a rollover term in the contract ?

This could be construed as harassment http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html could be a wrongful default http://supremecourt.uk/decided-cases...5_Judgment.pdf or might simply be that you've misunderstood.

I would adapt http://www.legalbeagles.info/forums/...075#post391075 to suit and reply to that letter.

For £350 it's not worth their while following all the way through, even more so if as you say the claim is crap anyway. These companies tend to issue claims for these amounts as many people either pay or lose by default. Due to limited costs (unless the contract allows court costs) the cost of representation means even if they win they'll do well just to break even.

M1

[eskimo1610]

Re: Lowell/Hamptons/o2

Can you scan up your original agreement please or tell me it mentions anything about the actual phone or just the text and minutes allowances ?



M1

The original agreement is attached to my first post,it does mention the phone but its one of the parts i've blocked out in black.

There was no rollover term on the contract,it was made clear at the time it was 12 month only,it's on the agreement in bold red and has been ticked and signed.

Is there letter(s) your referring to that you linked,an SAR and SCA request? As it's a mobile phone contract i believed that certain letters didn't apply that could be sent to company's providing credit etc.

They're phone calls are getting more persistent and crafty(spoofing mobile numbers now to get me to pick them up) i believe it's harassment, the only letter i can find to send is 'harassment of debtors' but as i'm not a debtor to them or o2 and never have been it's just plain harassment so is there any other template letters?

Thanks again for any help!