Hi All,

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

Andrew

Yes under what ofcom have stated

Pers i'd not bother with letter tennis unless you get a letter of claim

Stop making powerless dca feel important

Hi Dx,

Im currently sitting on this I got there pre legal letter the other day.

Im not particularly worried about it.

If it turns out they are trying to collect the right amount i will offer them 75% F&F just to get rid of it.

My way of thinking is if I complain to them it might just buy me a little time before they proceed to court as I have no way of countering this if they do.

The account was defaulted in April and quickly sold on to lowlifes.

No SB defence applicable.

i have complained about the amount and asked for a breakdown on how they arrived at the figure they allege i owe.

In theory they will have to go back to 02 for this so might just give me a bit of breathing space for a couple of weeks to get the finances together to get this paid off as I dont want a CCJ at this point.

Curiously though this isn't showing up on Noddle or Clearscore

dont offer them 75% of it. Theyve very likely paid the oC 10% of the total debt. Why pay it when you dont have to. Especially if its got unlawful charges in it.

If you have their PaP pack, dont reply using it. Theres a link on this site with a pack y ou use to reply with.

And CCJ? CCJ is a LONG way off. If it ever even happens. Theres a bunch of stuff that happens before it goes to a CCJ. Even if they filed a claim tomorrow, it would likely be jan or feb before it goes to court. Possibly later.

Hi Renegadeimp,

What sort of percentage would you suggest. Im going down the line of paying F&F if necessary.

Thanks,

Andrew

0% Youll ge tmore advice soon. You need to find out why the debt was sold, how much are charges etc.

Get a SAR going to O2

Thanks RenegadeImp.

Sar form downloaded from 02 will get it in the post tomorrow.

Thanks

Andrew

yep offer nowt!!

and no more silly letter tennis!!

dx

Hi DX,

Thats the general idea for now Im not certain I can beat this if and when it goes to court best Ive had so far is there pre legal assessment letter saying nothing much.

Thanks,

Andrew

have read of a few relevant claimform threads

you'll soon get the idea

using our search CAG box of the top redtoolbar use:

Lowell claimform mobile

or claimform mobile

dx

Thanks for that DX

If theyre serious about going to court, youll get a PaP pack with a bunch of stuff to fill in. This gives at least 30 days before they issue a claim, and even then they might not. If you get one of those packs, come here, as they tend to change wording in it from what it should be.

Thanks for that Renagdeimp

Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

 

Andrew

Its actually clarified and stated in the Unfair Terms in Contracts for Communications and The Consumer Rights Act 2015

https://www.ofcom.org.uk/__data/asse...0/guidance.PDF

https://www.gov.uk/guidance/unfair-t...ses-full-guide

Andy

Many thanks Andy

Well got SAR running to O2 this morning so will wait to see what this says prior to doing anything else. Thanks everyone for your advice everyone.

be aware they have a considerable amount of time to fulfil the SAR request, so the DCA may take action sooner. Its unlikely they will but it is lowell.

Thanks RenegadeImp I sent off a complaint last night. They emailed back this morning stating account on hold for 4 weeks so hopefully should get SAR back in that timeframe if it turns out I have to pay this off then I should have the finances in place to sort this (got a Gibson Les Paul 67 for sale on eBay)

Why would you entertain paying them anything? If lowell have it then theres something wrong with the debt. And even if they file a claim, it doesnt mean theyre going to win, plus you can go to mediation, and come to an arrangement to pay it off slow or at a low F&F. But all thats a fair way off yet.

I suspect that part of this amount is a handset charge (Samsung Galaxy A5 2017) which I have bank records to prove I paid for the phone when I took the contract if the SAR info states they are claiming for that then I can stop this stone dead the other could be airtime till the end of contract which again I can kill this. I'm just a believer in having a backup plan. Another point being I do not want to risk getting a ccj on my credit record.

I wouldn't ever consider paying an supposed phone bill made of till EOC fees

It wont be the handset either

Thanks DX going to sit on this and see what happens I suspect the amount they are claiming can be countered effectively will know for certain with the SAR Return from O2 since I asked specifically for a breakdown of the amount they claim I owe.

well I Have done a bit of digging around my credit files. I have checked Equifax, Experian and Callcredit and Neither Lowell or O2 show on any of the files? I find this a bit strange to say the least.

Okay so got another pre legal letter from Lowell I’m not worried. I have reviewed my credit file from all providers and no mention of 02 or Lowell anywhere. Am I right in thinking this would prevent any court action?

No...its irrelevant whether its showing on your CRAs or not.....perhaps they simply failed to register a default.