Ok I'll go re-read the threads again over the weekend as I must have got confused with it all. I'm not trying to do their job, I'm just trying to understand the detail I'm using as my defence.

Ok, I'll let it play out but I still would like to see something official from Offcom; I'll have a look later. I am aware there are lots of threads, I've read most of them; I just couldn't find anything to back up the claim made about the offcom ruling. In fairness, when you made the point on post 79 about mediation, I had already agreed to it. I agreed because I wanted it to appear as though I had done my bit to resolve it. i.e. eventually getting the breakdown of the costs, which I now have, and making them an offer to pay for the airtime credit.

Ok I understand all that, but their legal basis is that it forms part of O2's contract and that as such in their terms and conditions it says they can charge XYZ. My defence is now that O2 can't charge that amount because of the Ofcom ruling, but how do I back that up when it comes down to it? Or when I draft a witness statement can I just reiterate that and the judge will make a ruling?

But how do I argue that point if I can't back it up with any official guidelines issued by ofcom? When I made my statement to the mediator, even they queried where is this said. Those were the mediators exact words. So, stuck, I just said that was the advice I was given. Surely if I'm arguing this point I need to be able to back it up?

Is there a link you can send me that states this? I'm just on the ofcom website now, but I need something official from them.

Is there anything official you can please point me in the direction of to do with them not being able to charge an early termination fee?

Had the mediation call, which finished about half an hour ago. Only lasted half an hour before we reached a complete impasse. Their opening statement basically consisted of informing me that the amount they are claiming consisted of £45 for airtime credit and £770 was early termination charges, and that O2's terms and conditions say that this is payable. My statement was basically that no they're not because of the information I had received here earlier etc. I said they hadn't followed pre action protocol, and their response was that they sent my GF a letter in March (which if that was the case this had not been disclosed with the CPR 31:14 request). I also made the point that I felt they had ambushed me as they are yet to send me any supporting evidence, and this is the first I had heard of any exact details of the claim. I said they were unable to forward me a copy of the full terms and conditions, despite them now quoting them as evidence of this debt. Their response was that O2's terms and conditions never change and are available on their website - They even said they were happy to wait whilst I looked on their website for the terms and conditions. The best they said they could do was 10% off, whilst I said we were happy to pay for the airtime credit, which was the £45. It then went back and they refused it, I then said the maximum I could go to was £100. Obviously they refused that, and then I said ok I'll take my chances. The mediator was almost trying to get me to accept their offer by saying I'd end up paying more if I lost etc ... Any thoughts for me? Is there any way I can fight back at this stage with something? Or just await the court date?

I believe I gave them at least one meter reading during that period, but their website is pretty poor and doesn't display all the meter readings given. Outside of that, they were using estimates.

Having some issues with Flow Energy currently that I need some advice on. Basically I switched to them via the compare the market website in July 2016, but in November / December 2017 they contacted me to tell me I'd not been paying them enough via Direct Debit, and unbeknownst to me the bill had risen to about £1100. I admitted the fact I hadn't really looked at my bill, and hadn't submitted enough meter readings. But I challenged them on the fact my direct debit was clearly too low, and that they were also aware of the national average (As they had used this as an example to me to demonstrate why my direct debit was too low) and why had they allowed it to continue knowing my direct debit was too low. To compound matters they had also given me a price increase in July (which I hadn't noticed, or missed). We finally agreed that they should re-bill me for that period at the old rate I was on prior to July, and this took the bill down to about £900. I have now received another E-mail saying they're increasing my prices. So, I really need some advice on how to approach this as Flow seem to be keeping me in a kind of debtors prison where they are the jailor. Can it be right that they increase my bill knowing I'm 1. struggling to pay anyway and 2. being aware of my financial difficulties (I gave them a brief income and expenditure). The current payment per month is £101 across 24 months.

I have not seen this before, and I can't recall seeing anything giving us any time to pay prior to court proceedings. Even if this was sent to us, the time frame seems too tight to me. But even so, they should have included any of this documentation in their response to the CPR 31:14 request?

I just realised that they can't have followed pre action protocol, unless there's a missing document there somewhere. Two of the four documents they sent me were dated 2nd June 2018 and one was from Lowells portfolio informing her that the debt had been assigned to Lowells Solicitors, and the other was from the Solicitors telling her she owes X amount. Then the court form was received 19th July 2018.

Surely a simple way around this would be to keep the rent the same, but get your LL to credit you a set amount each month. Treat the boiler issue separately.. . maybe if housing benefit wasn't involved it would make sense to do this deal, but even then I personally wouldn't agree to replace a boiler for my landlord. The amount some of these landlords get away with is crazy.

Because I want this charade over with and I want them to call it off. I don't see how they're legally entitled to anything, and I don't know what their claim is based on. This whole thing is just ridiculous.

Thanks, do you think I should E-mail Lowells and point this out to them?

So the mediation team have arranged for a telephone consultation this Friday. Does anyone have any advice on what my opening gambit should be? Should I rely on the statute barred defence submitted, or make comment about the debt potentially being made up of fees relating to the lifetime of the contract, and are therefor not enforceable? I'm also thinking I should e-mail Lowells pointing out that they are yet to forward any supporting evidence relating to the claim. Other than letters assigning the debt to them we've still not received anything.

We received an e-mail from the mediation team on Monday. Forms all filled in including authorisation for me to mediate on her behalf. Is there any advice anyone can give for mediation?

I hope it won't get that far but that may have to be the only option. She won't understand any of this, she has learning difficulties.

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?

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.

Yes, Lowells haven't sent me anything other than what I added to the thread earlier on in the case. There were no payment details etc … They received those from o2 on 22/8/18 according to the file O2 sent us.

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 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.

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?

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)

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.

Not possible either. She doesn't have the same bank address, and I could SAR HSBC, but that would take too long and they probably wouldn't have the records.