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hairymonkey

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About hairymonkey

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  1. Right guys - an update. I was meant to be in court this wednesday, so the 13th. I have taken this time off as leave... Meaning I will not be able to use it again. However yesterday I got an email from Lowells solicitors claiming they have discontinued the case. From my googling and searching on here, it seems like I have won. That is great news - as long as they don't decide to start it all up again! Big thanks to everyone on here, as without your help and guidance I would not have been able to get this sorted. Even posters who did not respond to my claim, helped me as I read other threads and got more of an insight. One final questions - now that they have discontinued the case, can I demand they remove this information from my credit file? If not can I go to court on wednesday and get the judge to make them? I will post my letter which I sent to them, incase anyone else wished to use it as a template. I am not claiming it to be very good, or even ok - but it seemed to scare of these oxygen thieves:
  2. Right guys - an update. I was meant to be in court this wednesday, so the 13th. I have taken this time off as leave... Meaning I will not be able to use it again. However yesterday I got an email from Lowells solicitors claiming they have discontinued the case. From my googling and searching on here, it seems like I have won. That is great news - as long as they don't decide to start it all up again! Big thanks to everyone on here, as without your help and guidance I would not have been able to get this sorted. Even posters who did not respond to my claim, helped me as I read other threads and got more of an insight. One final questions - now that they have discontinued the case, can I demand they remove this information from my credit file? If not can I go to court on wednesday and get the judge to make them? I will post my letter which I sent to them, incase anyone else wished to use it as a template. I am not claiming it to be very good, or even ok - but it seemed to scare of these oxygen thieves:
  3. Thanks. Does this mean I should inform them off this before the day? Should I include it in my letter? Will they just believe me if I tell them what 02 said? Sorry for all the questions. If I get this sorted, I will be donating some money to this site so other people can be helped. I love photography so will use the day to do that if I get it off! And then go to the pub and celebrate not having to deal with this crap.
  4. Does that not show that 02 are doubting it? I've taken a load of screenshots as evidence as well. I'm going to call their fraud department on monday. What do you mean by withdraw the claim? I will only see them on court day? Are you saying they will walk into court and say they have changed their mind and give up? After I've taken off a day as holiday! Also can I claim costs if I have to go to court? I will have to drive, park and have already spent over £20 on a book. I've also invested many many hours of my life into this mess. Caused by this horrible company.
  5. Thanks again. Big Update... Just spoken to 02 customer services online... Here is an extract of what they have to say: XXX: Can you please tell me why Lowells are taking me to court, if you are investigating this? Austyn: Don't worry, it's already highlighted and we're in process to resolve it as soon as possible. SURELY I CAN USE THAT IN COURT AS EVIDENCE THAT NOT EVEN 02 ARE SURE IT WAS MY CONTRACT??? How can Lowells possibly be taking me to court?
  6. I'm at work tomorrow and on sunday - don't even ask! But I will try and get office bound on Monday and start getting things in motion. I did record the call, but I forgot to ask their permission sadly. I am thinking of wording a letter to the solicitor for Lowells like this: Dear Sirs, I am writing in resepct to claim xxx in reference to xxx. I would like to provide you with CRM xxx. As the police are investigating the fraud of which I and 02 are victims etc.. (will expand a bit). I would also like you to prove me with evidence that I am the person who owed the monies to 02. I would like you to provide me with a copy of the notice of assignment, and explain why this did not happen. I feel that your behaviour constitutes harassment, as I have made it clear that I am not the person who took out this contract. (would like some legal mumbo jumbo). I would like details of steps your company have undertaken to investigate this. And would like an explanation as to why you are still haressing me etc... Regards Sam Can anyone think of anything to add? I also need to know if it is at all possible that they will cancel the court hearing? as I need to book this time off as holiday and will not be able to use that holiday to see my family. It's a complete sickener. Any more advice welcome. ALSO. I am going to call 02 again tomorrow evening. I will ask to speak to a manager. I will ask why they did not follow up on my report a couple of years ago. I will make it clear I am recording. I will state that I will go to the ombudsman. I will follow through on it. Thanks for all the help.
  7. I now have a crime reference number. Can I use this in court? Also I tried calling 02. They will not talk to me as the account has "been passed on to our partners" and they say I need to speak to them. Completely upset and at my wits end. I'm trying to deal with this, but feel like I am being bullied by a big company. Do I have to tell the company I want to use this as evidence? I have ordered the book recommended here, but it will not come until next week!
  8. Thanks guys. I'm at work on a break now. I will report it to the police and call 02 again this evening. If I were to record the phone call could I use this in court? Thanks sam
  9. Right - sorry I've taken so long replying. Have had to deal with hospitals and all sorts after having a bit of a car crash. Back on topic: Information which was asked for: Particulars of Claim 1. The claim is for the sum of 521.24 and is in respect for monies owing by the defendant 02(UK) Ltd under the account number xxx. The defendant failed to maintain the contractual payments under the terms of the agreement. 2. The debt was legally assigned by 02 (UK) Ltd to the claimant on 23/12/2011 and notice of the assignment was served on the defendant. 3. (Won't type it all) but basically says they want aroud £50 in interest. Can anyone help with this??? I have court on the 13th of November, so time is running out if I am going to get a letter off in time!!! Thanks in advance.
  10. Yes it is, I've already checked. My credit history is not ruined. I am hoping that if I win, they will take this off my credit record. But I somehow doubt it!
  11. Wow thanks unclebulgaria67 - the thing is, I destroyed the documents when the county court told me that the case would be thrown out as they have not payed the fees! Now I know this sounds like rubbish, but I can actually provide the letter from the county court, admitting their mistake. I am going to go to the court this afternoon and ask for the copies which you asked for. I am also considering buying the book which is advised to guide me through this process, but in reality I just really really want it to stop! Anyway I will update today at around 4pm. Regards Sam
  12. Hi, I'll try and keep this short. Infact for clarity I will bullet point this: - Around 3 years ago someone took out a contract in my name for two mobile phones. - I contacted 02 explaining that I did not take out the phones when I became aware of this. - They claimed someone would be looking into it, and would contact me back. - I never heard anything, and stupidly assumed they had sorted it. - Next thing I'm getting calls from various company names, saying I owe this money. - I contact 02 again, who now refuse to discuss this with me, as they have sold the debt! - I explain to the companies the phones are not mine, all they ask is if I can make payment! I lose my patience and tell them to get lost. - I get lots more letters and a few phone calls, all which get filed in the bin (silly I know). - I then get a letter saying I am having a claim issued in the county court. - I file a defence. I get a date. I get ask to mediate, which I refuse thinking that how can you mediate when you don't owe a penny! - I call the court asking if the fee has been payed, as I will have to book time off work to attend, I am told no. I follow this up with an email. - Today get a letter saying that they made a mistake and the fee was payed! So long story short I now have to defend this claim! I do have an idea of who took out the contracts (a brother of mine, who now lived abroad in Canada). Can anyone offer me any advice on how I can sort this? I feel like I have to disprove a negative, which is very very difficult. I am worried that I will be facing a solicitor or Barrister, and whilst I am fairly articulate I am legally trained in anyway.
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