But there is no 02 Id check or credit quotation on any of the reports it’s like the mobile contract and handset charge never existed?

All the better for you if ever they litigate...no paperwork no trace.

Well will see what the SAR return from o2 says when it turns up. Just out of interest does anyone know what paperwork lowlifes get when they purchase debts? Or is it more of a line on a spreadsheet?

The latter

The latter

Cheers DX starting to feel a bit more confident about killing this prior to litigation.

Hi all,

Received the SAR Return from 02 this morning. I have gone through it all and it looks like the amount lowlifes are claiming is composed of £118.10 airtime use and £252 Handset charge. I thought I had paid off the handset when I entered the contract however checking my bank records I only paid a deposit on the handset and this was a 02 Refresh deal.

I got a email from lowlifes yesterday stating they are still trying to get the information from 02 to answer my complaint.

In Light of the SAR return can anyone suggest what I do next? In siting on this until lowlifes come back with a response to my complaint.

Lowell have now purchased a old EE account now in short Im giving them both barrels. I sent a sar to EE who only responded with a copy final bill however, happily the final bill makes clear that the debt relates to unpaid charges to the end of contract which I am going to counter this with CRA 2015. Can anyone point me to the the provisions about mobile contracts in CRA 2015? I had a look yesterday but couldn't see the provisions.

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

You may find the following thread of interest...if they move to the next stage and issue you a court claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?488827-Lowell-claimform-old-O2mobile-debt/page6

Andy

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/assets/pdf_file/0012/40620/guidance.PDF

oft311 (1).pdf

&

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

You may find the following thread of interest...if they move to the next stage and issue you a court claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?488827-Lowell-claimform-old-O2mobile-debt/page6

Andy

when did you take this out?

do you remember poss signing 2 docs one for the airtime contract and another for the handset agreement?

dx

Hi Andy Thanks for that sadly those links don't work I have checked to Unfair terms section of CRA 2015 but could not find anything relating to mobile phone contracts? am I missing something here?

Hi DX,

I took this out in December 2017 and yes I signed two documents digitally at a 02 shop. One was the contract for airtime and the other was for the handset agreement. The Sar Return has both contracts attached quite comprehensive compared to the account EE has supplied,

" Hi Andy Thanks for that sadly those links don't work "

Thats why I added the PDFs under the links.

guidance.pdf

consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Thanks for that Andy my apologies for not noticing that.

Well I emailed Lowlifes yesterday about the EE Account explaining that £252.88 of their supposed amount is EOC charges they came back today with this.

Good Afternoon..

Thank you for your email.

Account Number: ... – Original Client: EE Limited – Current Balance: £390.17

Your amount owed is broken down as follows:

Open date: 11/03/2012

Last payment 30/03/2017 for £52.66

DD rejected – refer to payer

Airtime debt value £137.63 – made up of phone charges and accrued bills.

Early termination penalties £252.54

Your bill is made up airtime debt and early termination penalties.

This happened because you stopped paying your Direct Debits.

The Handset you take on each contract or upgrade is incorporated into the monthly fee.

EE generally offer 24 month contracts.

Your account indicates you were on plan which would have ended 11/03/2018.

Upon entering your contract by use of the sim, you accept the terms and conditions outlined in your agreement.

A full copy of the terms and conditions are outlined on theEE website: ee.co.uk.

Based upon this information we believe the balance to be valid and owing and cannot agree to dismiss the charges.

I’ve placed your account on hold for 14 days to allow you time to review these details and advise your intentions.

Now my thinking on this is that there was no ancillary contract for the Handset so that matter they refer to is immaterial in law.

Also they also seem to think CRA 2015 and Ofcom Guidance don't override their policy.

I have been looking at the PDF's that Andyorch kindly provided and Im pretty sure that I now know the points I can counter this with.

I am quite Happy to pay the airtime arrears of £137.63.

am I right that £252.54 termination charge is unfair under CRA 2015? and Ofcom Guidance

we never said email them.

never use email

it just gives them a free way of harassing you.

from now on block their email address make them write.

pers i'd sit on your hands now and see if the issue a PAP letter of claim.

as long as they know your CURRENT address

Well time has gone by now EE are in default of SAR.  

Just got a letter from the lowlifes today stating ‘please contact us to arrange payment” 

it’s taken them five months to come up with this

I’m going to sit this one out Until such a time as they try court

I have a robust defence for both accounts now thanks to the forum members.

Good work