I've received a letter from Lowell solicitors today over an old O2 debit from 2012 I think, for just over £570 including their costs

stating they are going to commence legal action against me in the county court bulk centre.

It's says I must contact them or make arrangements to pay in the next 14 days

or a claim will be issued without further notice,

if a claim is issued I will then become liable for the costs.

Could someone please advice me on what I should do next?

If you can help could you explain it all in the simplist terms as I'm not very good at understanding these things.

bet it doesn't say WILL anywhere

read it PROPERLY.

dx

Hi Dx, thanks for the reply. I've read it carefully and it doesn't say if or may, neither does it say will either. Shall I try and post a photo of the letter with my personal information removed?

Pffttt!!! They are trying it on. TB

How do I post photos using my ipad, I can't seem to find out how?

upload

use a free to PDF converter first

Here's a copy of the letter

2016-10-27 16-37.pdf

its one of those if but or maybe letters.

a letter of claim.

a claim of what ...you might owe money..

lowells have instructed their in-house solicitor to commence legal action and issue a claim...

a claim of what.....??

then the sols say they will issue a claim again of what..does say a legal or court claim...

just a claim..

but then they say IF a claim is issued.

then they willy wave about what might happen should a court claim go against you.

when its not even been before a judge yet.

all rather confusing really.

but that's quite usual.

all these letters are designed to gander a response

well IMHO you don't.

get an SAR running to o2

get all the details then you are one up on lowells.

I would guess that you failed to pay the full contract and this supposed debt is that full sum

whereby in all probability you don't owe the full terms but a singe month cancellation.

tell us the story of the o2 account please

Sorry for the late reply.

Unfortunately I can't remember much about the debt as my memory has suffered after my last breakdown, as far as I can remember it was because I failed to pay to pay the monthly payments for some reason and so they are charging me for the full contract.

Just to be clear are you advising me to ignore the letter as it's just another form of threat-o-gram?

Also I don't think I have any details regarding the contract so can I still request a SAR from O2?

SAR is long winded - at this stage,

see if Lowells follow their threatogram -

Credit file?

Ok things have now got more serious. True to their word Lowells have now sent me court papers for the debt. The issue date was the 30th Nov and it says I only have a short time to reply.

How long do I have to reply and what should I do next?

As I said in my first post any help would be grateful but please keep it simple so I can understand exactly what I need to do.

Thanks

go on line through MCOL site and acknowledge there also sate you wish to dispute the whole claim (tick) that gives you 28 days extra etc detail top right hand corner of N1 court notice with details to log in and register stick to time limits

Hi, thanks for the quick reply. Ok if I do this to give me extra time what do I do Next? As I said in my previous post I can't remember all of the details, what if I am liable for the debt? If so then wouldn't I just be delaying the inevitable?

moved to legal forum.

pop up on the MCOL website

register

then log in

respond to a claim

select AOS to acknowledge the claim

defend all

leave jurisdiction unticked

click thru to the end

confirm and exit mcol.

get a CPR 31:14 running to lowell Solicitor's.

when done that

can you fill this out please

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

and post the Q&A back here please

Thank you for your help, MCOL part is now done I've just got to do the letter now

Name of the Claimant : Lowell Portfolio I LTD

Date of issue – 30 Nov 2016

What is the claim for – the reason they have issued the claim?

1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement').

2) the defendant failed to maintain the required payments and a default notice was served and not complied with.

3) the Agreement was later assigned to the Claiment on xx/xx/xxxx and notice given to the defendant.

4) Despite repeated requests for payment the sum of £450 remains due and outstanding.

And the Claiment claims

a) The said sum of £450

b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.099, but limited to one year, being £36.24

c) Cost

What is the value of the claim? £570

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

The debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Can't remember but probably yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure

Why did you cease payments? Couldn't afford repayments due to change of circumstances

What was the date of your last payment? Don't know

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

I've just finished filling out the CPR 31.14 request but I'm unsure what i write in the area that says 'in this case issued by you out of the (Name) county court'. Do I need to put the full address in or just the name?

Just the Town Name of the county court .

Andy

Thanks for the quick reply.

Just hope I've filled it out correctly now.

Ive now received a reply back from Lowell.

They acknowledge that they've received my letter and note my attentions to defend the claim but say that they have yet to receive my AOS?

The letter also confirms who the debt is for,

when the account was opened and the contact number.

The letter also states that as it is a telecommunications account they are not obliged to provide me with a copy of the agreement or the default notice.

They confirm that they have requested copy statements which will be forwarded to me upon receipt.

The letter shows the date and amount of the last payment, when the account defaulted and the balance.

They have also sent a copy of O2's letter to me stating the debt had been passed to Lowells and the original letter from Lowells stating they are taking over the debt.

So where do I go from here?

You did AOS before did you not on mcol?

Don't forget your defence

That's due in a day or two 4pm friday

Get reading like threads

Yes I did the AOS before the letter.

What am I going to use for my defence and will I be notified which court its at ?

Claim is automatically transferred to your local Court at allocation stage...assuming they wish to proceed to that stage.

Andy