Hi all,

I've received a CCJ form from the county court for a debt of £817.69 owed to O2 being chased by Lowell.

Previous to this I sent a letter asking for documents to prove I owed this debt, i received a response stating

"As this account is a telecommunications is not regulated by the consumer credit act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement"

"Our client is also under no obligation to provide you with a sworn affidavit or a signed bill. The bill of exchange act 1882 to which you refer to deals by definition under section 3(1) as follows - "A bill of exchange is an unconditional order in writting, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future sum certain in money to or to the order of a specified person or bearer" this has no bearing where a debt is assigned by one party to another as the assignment amounts to a bill of exchange.

"the Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you as not entitled to see. No other agreement/deed of novation exists between you and our client"

I never stupidly never responded to this and the next contact I had was the claim form so I acknowledged the claim and sent a CPR18 request.

Lowell responded by sending just two documents one being from Lowell stating they bought the debt from 02.

The second is allegedly sent from 02 on the 9th November 2013 its not on any headed or logo paper and its not singed other than Debt Assistance Telephonica 02 UK Ltd;

"We closed an account you had with us on 18/02/2013. But you still owe £636.75. Details of what that amount is for are on the other side of this letter" (there is no other side)

On 31/10/13 we transferred your account and the money you owe over to lowell portfolio I Ltd. They're a debt purchasing company who can help you find ways to repay the money.

To start clearing your debt, or if you have a query about the money you owe call them as soon as possible on . (no number inserted just end at on)

As well as this letter, you'll have had a letter from lowell portfolio I Ltd too. Its called a notice of assignment. This tells you that we've legally assigned your account to Lowell"

I'm fairly confident I've never seen this document before and that its been typed up for the CR18 request.

Sorry for the long post but I would really appreciate it if someone could point me in the right direction forward as I'm a bit confused. Thanks

welcome aboard

can you complete this please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

" Our client is also under no obligation to provide you with a sworn affidavit or a signed bill. The bill of exchange act 1882 to which you refer to deals by definition under section 3(1) as follows - "A bill of exchange is an unconditional order in writting, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future sum certain in money to or to the order of a specified person or bearer" this has no bearing where a debt is assigned by one party to another as the assignment amounts to a bill of exchange."

"the Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you as not entitled to see. No other agreement/deed of novation exists between you and our client"

You need to forget all the above if you wish to defend this successfully and stay away from the forums where you are getting this nonsense.

If you would complete the link above.

Andy