Received a phonecall last week from BW Legal,

as i dont do phone calls with anyone unless absolutely necessary nothign was actually discussed.

Received today a county court claim, which probably explains the phone call.

A very old O2 Account which in essence was not paid due to being made redundant in 2010.

I cannot be exactly sure of the dates

but last payment would of been made around July/ August time 2010 if not even earlier.

Attempted to come to an arrangement with O2, to no avail

they eventually closed the account added an early termination fee and never heard anymore from them.

I provide details of the claim etc below any advice woudl be greatly appreciated:

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 08/12/2016

Date to acknowledge) = 26/12/2016

Date to submit defence = 09/01/2017 (33 days in total)

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

1.The Claimant's Claim is for the sum of £

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory ineterest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per anum ( a daily rate of £0.11 from the date of assignment of the agreement to xx/xx/2012 being an amount of £

What is the value of the claim? less than £700

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone 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. Lowell Portfolio 1

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

Did you receive a Default Notice from the original creditor? No.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

Why did you cease payments? Made redundant and disputed account due to unexplained charges and costs.

What was the date of your last payment? Estimated prior to June 2010 but definately no payment after September 2010.

Was there a dispute with the original creditor that remains unresolved? Yes, challenged regarding charges added to account and refusal to accept payment plan offer.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes. Original Creditor was offered monthly payments but demanded payment of account in full and early termination fee.

morning and welcome to CAg

thanks for doing the excellent ground work and researching what you need to do before posting.

good work!!

just one small point

you appear to have cut yourself short on the defence filing date..

and that s now amended above ..

if you are 100% happy that your last payment was outside of 6yrs

and within that date your not sent any signed letter that could be construed as acknowledging the debt

then i'd get on and file the statute barred defence detailed below

you don't need to send any letters or requests.

pop up on the MCOL website detailed on the claimform

register as a new individual user

note the long ref number given and then log in

select respond to a claim

select the [AOS} box

and using the details on the claimform acknowledge the claim

defend all

leave jurisdiction unticked

here is the SB defence:

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

then once you have confirmed etc etc

log out of mcol...job done.

one other thing ive noticed

they specifically claim the mobile account is covered by the consumer credit act

quite rare for that date of mobile agreement

something I've not seen here before...

HTH

dx

Oooo O2 Refresh didn't start till 2013... And this account must have started 2009 2010?

From 2013 was when the HANDSET part was included with a CCA Agreement! Just the HANDSET!

My my they have shot themselves in the foot... DX you were right to question it...

Many thanks for the replies.

Defence as per DX's post submitted online today.

Lets see what happens next.

Thanks a gain.

Received a letter today from Northampton, Dated 12/01/2017 to be actioned by 30/01/2017;

Notice of Proposed Allocation to the Small Claims Track and the associated questionnaire.

Seems our friends want to pursue this matter a little further.

Not quite what I was expecting but there you go.

Completing the questionnaire appears straightforward enough,

my question would be what else do I need to do now in preparation just in case this does go to court?

Many thanks.

Fill in the N180, print 3 copies:

1. To court

2. To solicitors

3. To your file

Nothing else to do, yes to mediation, 1 witness, thats you.

Success of sorts claim discontinued.

Hopefully the last we will hear of this one.

why of sorts

you've WON

2nd one today too

Well done Phantom...thread title amended to reflect the outcome.

Regards

Andy