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    • Thanks Andy, There will be money left as they own their house. That's why I was thinking it may be cheaper to pay off the debts now, with a discount, rather than in full when the time comes.
    • No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit. No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all. Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement. Will it assist your defence ?
    • Hi all, I have previously been helped by the wonderful people on these forums, which helped me out of debt and to a much stronger position that I am in today, for which I am eternally grateful. My debts were all cleared, I now have no debt (apart from a mortgage) and an excellent credit file. I did also show my gratitude with a donation, which even if it helps just one other person out of spiralling debt, it would have been worth it. Sadly, my elderly parents did also run up some debts a few years ago, some through loans and some through credit cards. A few years ago, my father had a medical episode which has left him paralysed on one side of his body and now is confined to a wheelchair, and is pretty much non verbal (he can only manage a handful of words, and gets confused easily). I'm seriously not sure how far any County Court Action would get against him due to his current state, if any of the DCAs were to proceed down that route. Luckily nonw have tried, but can only think that any action would be discontinued by a judge. Before his medical episode he did set up a payment plan with some of the DCAs that were chasing him, which have continused being paid to this day from his bank account. They are literally minimum amounts, but obviously these actions have kept those debts current. However, some of the other debts have since become statutory barred due to the time elapsed since the last COA. My mum does have Power of Attorney over his financial affairs so can act on his behalf, with me as backup if god forbid anything happens to my mum. Their wills are set up for everything to go to the other should either of them pass away, and then to their children upon the passing of both of them, with myself being named as the executor on both of their wills. I have recently been reading up on the role of an executor, and part of the duties is to pay any outstanding liabilities before distributing the remainder of the estate. I have seen, in several instances, of a recommendation of posting about any death in the local newspaper column and the gazette to limit any future liabilities as executor in case of any debts that are unknown to myself. But this does lead me onto the debts I do know about. Am I right in thinking that the current debts that my dad has been making token payments on would have to be repaid in full to the DCAs upon his death? If that is the case, is it worth negotiating a full and final settlement, with a discount, on his behalf now? And with the debts that are statutory barred, am I correct in presuming that they would not need to be paid upon my dad's death as they wouldn't be legally enforcable in court? Thanks in advance for all of your help!
    • Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024   With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request.  Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.   As always really appreciate any help and guidance that you can provide.
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02 Unauthorised transactions


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Got an o2 mobile on contract and up until October i paid my bill on line. However October the 10th i set up a direct debit. This was using a brand new bank card with a different security (last 3 digits on back of card) number than my old card. O2 are the only company to have those details.

 

My first direct debit came out the begiinning of November and thats fine and this states direct debit on my bank statement.

However a further 2 payments have come out from O2 for the sum of £30 each that has nothing to do with my mobile phone payment as they do not show on mobile phone account.

 

On the statement it says "prep" which from what i believe its pre payment and looks like someone is topping their phone up with my bank details. As they are the only ones to have my details and since its since the direct debit was set up im inclined to believe it someone in o2.

 

I have cancelled my bank card and informed the fraud department in my bank but o2 are giving me the run around. Someone was supposed to phone me back after i faxed off my bank statement. They never rang. I have been passed backwards and fowards to various departments. I eventually got told i needed a 'ged number' from my bank so o2 can trace the transaction. I got told its traced back to my account (meaning mobile account). Dont see how someone topping their phone using my bank details is anywhere connected with my mobile account.

 

Anyway promised they would contact me back but yet again they havnt. It seems they are not taking this serious enough after all its theft and fraud.

 

Anyone give me any advice on whati should do. Want to ring them tomorrow and ask for full refund as im fed up of waiting.Thinking of threatening them with a letter to OFCOM and cancelling my contract. Anything or anyone else i can use to help me get my money back.

 

Thanks in advance and sorry for the long post

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Hey, I can't answer for sure on O2's procedures but I can give an idea of how other networks would handle this.

 

If you contact your bank to advise that you did not authorise these payments, your bank should be able to reclaim this money from the network and put it back in to your bank account (just make sure that you are positive these payments have not been made to your O2 account as this process flags up on the account that it has been accused of fraud).

 

Then, I would hope O2 should be able to search for the payment details using simply your bank card details (again, I must reiterate that I do not know for sure if O2 can do this, but I know T-Mobile do as I work there and do it often myself, it's not that hard) so they can find the account which your card has been used on fraudulently - they can then pass these details on to their fraud dept so they have more info to work with. Just bear in mind that there is a lot of fraud happening these days so there could be a wee bit of a backlog, but someone at O2 should be able to give you a rough timescale, I would think.

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Thanks you have made more sense than anyone i have spoken to in the last week.

 

My bank say they are investigating it. I am 100% certain i have not made the transactions.

Using a ged number o2 have said they have traced the transaction back to my account and now im waiting for someone to get back to me from o2.

 

My account is a contract and dont see how topping up a phone can be traced back to my contract account as no such payments are recorded on my contract account.

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Again, I can't be definitely sure re O2 as I have no idea of O2's price plans, but you don't have a price plan which is half contract and half payg? (T-Mobile do one of these, so just checking).

 

Ask O2 why they cannot just do a search using you bank card number to do a search as this should bring up a list of all accounts which your card has been used on. I do these at my work and it only takes 3 mins max, and it can bring up suprises ie your card being used on 5 accounts or something.

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No funny price plan. Plain contract. I used to pay online then decided to pay by dd. Its a brand new card so its only o2 who have that cards details and no other company.

 

I will ask them if they eventually get back to me. Thanks

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I had set up a direct debit on the 10th October to pay for my phone bill as before hand i paid it online. The first direct debit payment came out on the 2nd November. This is confirmed as correct.

 

However on the 25th October and 5th November and not connected to the direct debit, a payment each of £30 came out as a card payment with "prep" on the statement.

 

So someone has used my bank details to top up their mobile phone.

The only company to have these details are o2, and the only time i gave these details are when i set up the direct debit.

 

My take is a member of 02 has used my details or they have passed them on to someone else (whether purposely or accidental) who is using my details.

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I've still not got it. Who/when did you give your CARD details to? And why was there any requirement or necessity to do so?

 

Are you saying your earlier payments (that is PRIOR to creating the DD) you had given them your card details to pay your bill?

 

You see, to set up a Direct Debit, NO card details are ever requested - only your Account Number and Sort code. Anything else, and it isn't a DD!

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Ahh i get you now. Sorry i should of made myself clearer.

 

Ok the story

 

The 10th October i recieved a call from 02 on my mobile saying they have not recieved my payment as i pay it online and sometimes forget so i was late paying it. So i made a card payment over the phone using my brand new card. This payment went through ok so must have been o2 and not someone trying to get hold of my details. However i did think it was funny them ringing as they have never done this before.

So after i had paid my bill i then requested that i set up a direct debit so in future i would not be late paying my bill.

 

That i thought would be the end of it.

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Hey, here's a couple quick ways for you to check for yourself if the payments were made toward your own account. Firstly, assuming that you have made all of your other payments on time, if two extra payments of £30 have been made to your account then you should either be £60 in credit, or your bill following these payments should already have had £60 paid towards it (which should show on the bill). I would imagine you would be able to find this out either on your bills (which usually show payments over past month) or online on O2's website if they have a bit where you can sign up to view your account online.

 

Technically, "recurring card payments" can be set up whereby the network just takes the payment from your card each month without you having to call them (much in the same manner as a direct debit) but owing to the fact that you had to actually make the payment yourself each month via the website it does not sound like this is what has happened. Also, by setting up a direct debit, had this been the situation in the past it would have had to be cancelled and changed to a direct debit payment.

 

Did the person who called you from O2 ask you security questions? And do O2 have a record of anyone from O2 calling you? Otherwise it may not actually have been O2 who you spoke to. I know you say the payment went through successfully so it must have been them, but that is only assuming that you did forget to pay that month - if you had already paid then there would be a successful payment on your account.

 

Furthermore, it could be possible that the original card payment which you made was accidentally taken twice (if it was for £30) - sometimes computer glitches happen - I would ask O2 to double check this. It should be easy for them to check - they just have to look on their computer and they should have a list of payments made on the account.

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