Lowell and O2

[Vircoa]

Hi all,

Thanks in advance for any help given.

I had a mobile phone with O2 which has been given to Lowell and they have been chasing me for 1076.28. there are a few bits of information they have wrong and cant seem to justify why it is incorrect such as my name, and Date of Birth. I have received the following letter from them. the last payment on this account was made in march 2009 and no acknowledgement or payment made since. If any one has any idea as to how to reply to this letter please let me know?

Dear Mr XXXXX

your account remains unpaid
We have tried on a number of occasions to help you to resolve this debt by offering affordable repayment solutions which you appear to have ignores. We informed you in our previous correspondence we would obtain information from the credit reference agency about you, which we have now done. We will be shortly assessing this and sending your account to either: an agent who will arrange a time to visit you to discuss payment face to face, or proceed with court action.


your last chance to pay before this account is escalated
if you want to avoid what is described above then this is your last chance. if we do not receive payment in full, or, if you have not set up a repayment plan on this account within 21 days from the date of this letter we will commence with action against you.

we are willing to be flexible with repayments. for example we would accept a payment of 15 per month which is approximately 0.50 a day. alternatively complete the direct debit mandate with an amount you can afford, or call is to discuss alternative plans.

we want to help you
Please call us today and speak with one of our experienced agents who will help you resolve the situation amicably and avoid the need to take the action referred to above.

yours sincerely


please help

I'm struggling with how to reply?

thanks
vircoa

[Mr $quandaŁot]

Re: Lowell and O2

It's difficult to help you without knowing a bit more about the situation.

Is there a valid dispute regarding your O2 account? Why did you stop paying O2 in 2009.

Once we know your circumstances someone should be able to come up with something.

One thing, you don't have to let anyone in should someone from Lowells turn up (unlikely but not impossible).

[Vircoa]

Re: Lowell and O2

hi, and thanks for the reply,

I ended up in some difficulty and they kept hounding me. there was never any dispute raised as I had what felt like countless companies chasing me for the same account so didn't know where to aim my dispute or too make payments so I gave up and buried my head. I now only have 2 that are chasing me this and another which is governed under the Consumer Credit Act so that is a lot easier to follow and to argue. I don't know how they got to the figure they have or how this has landed with lowell. but I'm not sure what rights I have or what legal resources to utilize, I know about the OFT and their guidelines but I cant seem to use these to my advantage with out being able to angle my dispute efectivly

any advise greatly appreciated

[Vircoa]

Re: Lowell and O2

please help guys I'm struggling

[Mr $quandaŁot]

Re: Lowell and O2

Well, I don't think that you have a valid reason not to pay, sorry.

Try to negotiate an affordable repayment plan.

If you don't pay it is going to be a bit of a gamble. They may take you to the county court or they might not. What else can I say?

[Mr $quandaŁot]

Re: Lowell and O2

Also, Lowells are well known for issuing statutory demands. For a smallish amount like that, is it really worth going bankrupt?

[mystery1]

Re: Lowell and O2

http://www.legalbeagles.info/forums/...075#post391075

Adapt to suit.

M1

[Vircoa]

Re: Lowell and O2

in all honesty Mr $quandaŁot I haven't fount your comments overly helpful, I ant trying to find out what sort of legal bodies govern mobile phone debts reason being I have a valid dispute as this account has so many discrepancies with regards to the information they hold about me. I may not have mentioned that I cant see how a mobile debt can reach over 1000 if you could please help me out with which legislation's or acts that are there governing this?

[Vircoa]

Re: Lowell and O2

M1 as always a star!!!!!! thanks loads but with this, it doesn't state that they are going to take legal action but to assign the dent to a 3rd party would this letter still be appropriate?

[mystery1]

Re: Lowell and O2

"proceed with court action."

I'd say it's fine. It's probably not strictly a letter before action but it mentions court proceedings so why not. Put pressure on them and they may take a back seat without any info.

Under 1 year to statute barred by the look of it and given there has been a spate of them lately they might leave you for easier prey.

M1

[Vircoa]

Re: Lowell and O2

perfect its on its way to them tomorrow :-) thanks again hopefuly they pipe down after that:-)

[Mr $quandaŁot]

Re: Lowell and O2

Vircoa, I asked you about any disputes but you didn't tell me.As far as I'm aware Ofcom regulates mobile phone companies.

DCAs are not to be feared. Your neighbours' cat has more powers than they do.

If you have discrepancies then you should be able to use them in your defence should there be any court action.

[ThinkOutsideTheBox]

Re: Lowell and O2

Thanks for the PM Vircoa.

It's usually best to try and keep discussion on the open forum, rather than hidden in private messages, so I'll reply here if that's ok?

It really is difficult to advise you on how to "dispute" the debt if you don't have a valid dispute...it may however be possible to challenge any charges/fee's which have been added as part of the collection process, and of course we can help with negotiating repayments if you are in a position to enter into a payment plan. Or even perhaps seek a reduced settlement figure.

The other aspect to possibly look at is whether there were any material changes to your contract with O2 around the time you defaulted, which may have allowed you to cancel the contract?

Other than that, if you wish to dispute the validity of the debt, we really would need further information as to why you feel the debt isn't valid, so that we can help you to approach it correctly.



EDIT: Seems I'm massively behind with this thread! Sorry, got totally sidetracked whilst typing. :tinysmile_aha_t: Will catch up and amend the above as necessary. Ok, having caught up, the above still applies however it's worth making a start with the letter suggested by M1. If you do have valid reasons to dispute the debt, of course it's worth challenging it!

[Vircoa]

Re: Lowell and O2

thanks all for the response's,

here is the basis of my reasons to dispute the validity of the debt.

1: the name they have is incorrect as it is set out on my middle name not my first name and with no initials
2: the DOB they have is incorrect out by 1 month
3: after asking for proof of their ownership of the debt all i have had is that a very rough statement of account but no proof of ownership.
4: also they have never provided a breakdown as to how the balance reached over 1000

how would I go about requesting this information from them in a way that they legally have to provide it?

thanks again

[Mr $quandaŁot]

Re: Lowell and O2

I'm sorry but those points sound academic to me. Middle initials don't really count unless your name is Smith or Brown and, even then, you would need to prove that you'd given them but, in all honesty, I doubt it makes much difference.

2 & 3 - please ask the forum owners as I don't have a clue!

4. I would request this.

If you're trying to find excuses not to pay it may be difficult as, in my opinion, you don't appear to have any valid dispute!