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Lowell claimform - old O2mobile debt***Claim Discontinued***


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Isnt IVR automated payment via phone?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Isnt IVR automated payment via phone?

 

Possibly, just don't know why she apparently made £192 worth of payments between June 2012 - August 2012. They upgraded her on the 7th June and she can't have been that far behind. All of this is irrelevant though now as I'm not sure how to proceed.

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go ring o2 ASK what those payments mean

and ask where they came from

stop speculating and wasting time.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm only really speculating about her payments.

I doubt she would remember the exact details now and according to the sheet her payment amounts are all over the place.

 

The problem I've got is that I'm very unlikely to be able to piece together and understand the financial sheet they have sent her

For instance on 01/7/12 there's a debit added to her account of £147.06 titled periodic,

followed by a credit of £50 titled physical payment on 15/07/2012,

followed by another periodic debit of £43.28 on 1/8/12,

and then followed by two credits on 7/8/12 and 10/8/12 for £25 and £80.

Then it gets to the very end of the financial sheet on 25/9/12 where she is credited over £700.

 

The fact of the matter is that they have a financial sheet in black and white and I can't really refute what's clearly in print.

If they're going to use this in front of a judge surely it would be all they need to refute my claim it's statute barred.

 

The only thing I can think of is that a lot of this is financial jargon and the dates aren't a true reflection of reality.

Looking back, there are a load of high value debits, followed by massive credits.

 

I still need some advice if at all possible?

I can speak to O2 but again, if they have it in print how can I argue that those payments weren't made.

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In an sar they are supposed to include a list of abbreviations and what they mean in laymens terms

 

So try not to keep questioning why something is being asked of you and why its not in your logic important

Why not just do it..

 

So ask them on the phone what does IVR mean and where did these payments come from...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Phone, Payments, Computer Interaction… Interactive Voice Response (IVR) is the technology by which a computer interacts with a human. Specifically over the phone, people receive voice prompts and responses from the computer as they press telephone keypads that send DTMF tones back to the computer

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I spoke with O2 and they confirmed that IVR is a payment made over the phone via a push button service.

 

There's a one time payment through EBPP on there, which they couldn't explain what that was for.

 

Given that they are now confirmed as stating that the last payment made was 10/8/12, can anyone please provide some advice with how to proceed?

 

Should I proceed to mediation and try to agree a settlement?

Is there a way I can still fight this?

 

If it wasn't statute barred I don't agree she is liable for the full costs of the 24 month contract (Which is what I imagine they are billing her for as she only signed a new agreement in June 2012)

Edited by dx100uk
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No she is not liable for costs to end of contract

Ofcom has deemed this unfair to do so

 

See any of the other mobile claim threads defences here already

 

So if we take the above out of what they claim she owes..

Does she really owe anything?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks, I have read quite a few to get to grips with that side of things.

 

In answer to does she owe anything.

I'd say that according to the documents I have seen she signed up to a new agreement at the start of June, and over the space of two months she (according to their documents) made payments totalling £229.

 

The whys and wherefores of why this amount was paid is going to be nigh on impossible to quantify.

It looks high to me unless she owed money previously, which would be crazy as they still signed a new phone over to her.

 

If she already made payments I'd say she doesn't owe anything, if people here agree?

 

Where I'm in need of assistance is I don't know how I proceed given the fact I've already entered a statute barred defence.

I suppose they wouldn't know if I had this information so I should proceed as instructed earlier?

Edited by dx100uk
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what info have they provided that shows how the balance accrued?

 

id say you need to bring your finding up p'haps in your WS

that you 've found its not now SB'd, but the claim is solely the result of 'to end of contract' monthly fees that she didn't use and that...

 

9. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

not sure upon how or IF you even enter into mediation now and introduce the above, see what lowlifes say.

or

if you simply leave all this to WS stage refusing mediation

 

see what andy thinks.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what info have they provided that shows how the balance accrued?

 

They have provided detailed ledger accounts from their archives, which goes from 2007 all the way to when the contract was terminated in 2012 and they billed her £796.54. I can send these to someone if needed

 

id say you need to bring your finding up p'haps in your WS

that you 've found its not now SB'd, but the claim is solely the result of 'to end of contract' monthly fees that she didn't use and that...

 

9. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

not sure upon how or IF you even enter into mediation now and introduce the above, see what lowlifes say.

or

if you simply leave all this to WS stage refusing mediation

 

see what any thinks.

 

dx

 

Thanks,

I'm kind of leaning towards the latter

(As in, head towards mediation and present Lowells with my findings and state what you have put above).

 

At least that way I'm presenting them with the current facts and giving them an opportunity to resolve amicably, and it should put us in a better light when and if we get to the WS stage (Which will be the same as what I put to Lowells)

 

I'm kind of giving a cut off point for this of Monday, so if anyone has any further advice or can look at this for me it would be greatly appreciated.

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what details have LOWELLS sent not anything from what you have found out ...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

lowells can only rely upon what they produce at the WS stage as exhibits

if they've sent you nowt to date

then they cant refer to it at/if you go thru mediation

 

what you hold IMHO for now keep to yourself.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

But at the WS stage won't they just whip that out?

Surely I'd be behind the track if it got to the WS stage and they said, well actually your last payment date was xyz.

What would I prepare for my WS?

Sorry I'm probably getting ahead of myself.

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i'd let it develop.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

But at the WS stage won't they just whip that out?

Surely I'd be behind the track if it got to the WS stage and they said, well actually your last payment date was xyz.

What would I prepare for my WS?

Sorry I'm probably getting ahead of myself.

 

Cant happen...they must disclose all evidence relied upon at the same time as their WS...they are not allowed to ambush.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thanks, do you think I should let this play out now, or do you think I should say yes to the small claims court and yes to mediation?

 

I'm still a bit confused now that I know (Although it's not been disclosed) that it's not statute barred.

 

As per previous advice given it was suggested that statute barred cases should say no to mediation?

 

I've decided to tick yes to mediation unless someone can convince me otherwise in the next hour.

 

Does anyone know if I have to get my girlfriend to sign the form?

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yes to med

1 wit

the rest is obv

 

3 copies

1 to the court

1 to the sols [minus email/phone/sig]

1 for your file

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

She must sign all forms...deal with court as and when

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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