O2 debt/Lowell/Red

[247orbital]

I have a debt demand from an O2 account which is £100. This O2 account was terminated in the 28 day period and O2 have confirmed this to me over the telephone. I asked for this in writing but they refused to offer me any sort of customer service as my account had been sold to Lowell/Red.

 

I have spoken to both O2 and Lowell/Red recently (a mistake I now know)

 

In the summer of 2006 I spoke to O2 before I was aware of the account being terminated in the 28 day period and agreed to pay £60 to settle the matter. I asked for in writing this agreement but this never arrived.

 

The account has since been sold to Lowell/Red and a further £40 added, which they assure me are not their charges nor O2's????

 

I offered to pay the original agreed £60 to Lowell/Red, but they refused and only offered me a 10% discount if paid the same day. I asked them what the extra £40 was for and they could and would not give me any information. I contacted O2 who then informed that the account had been terminated in the 28 day period and they could not see any outstanding debt ???? (confused) I asked for O2 to confirm this in writing which they said they had no obligation to do!

 

I originaly would have been happy to pay the £60 as agreed with O2 but now they inform me the account was closed in the 28 day period and there is no debt? What do I do? Advice please!

[247orbital]

I really would appreciate any help I am at my witts end with this!

[PossVox]

Hi!

 

1st of all, try not to worry because you're now in the right place to get invaluable support and advice!

 

I think you need to challenge the validity of the alledged debt first.

 

There are letter templates here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Someone will be along soon to advise your next move.

 

I'm not sure about mobile phone contracts and the Consumer Credit Act so maybe hang fire until one of the more experienced forum members comes along.

 

Like I say, you're most definitely in the right place

 

[247orbital]

After submiting a SAR to O2 they have recently sent me a letter to infom me that my account balance is ZERO and closed, they have also removed the incorrect information from my credit file.

 

This has taken them 9 months.

 

I have also sent copies to all the DCA who were chasing this non-debt with a covering letter as a safe guard.

[maroondevo52]

Good result in the end, 247orbital.

 

But should never have come to this in the first place, I'll find out who's the best to make a complaint to.

 

Regards.

 

Scott.

[cerberusalert]

O2 are also liable to pay you compensation for trashing your credit file. A complaint to the ico https://www.ico.gov.uk/Global/contact_us.aspx wouldn't go amiss either.

[cerberusalert]

This a case where £1000 was awarded when an incorrect DN was entered on someones credit file Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

[42man]

I agree with Cerb....I think you should write to them asking them how they plan to compensate you for your tainted credit file (head the letter LETTER BEFORE ACTION)....refer to the above case and possibly Durkin vs DGS too.

[247orbital]

I wouldn't even know where to start with legal type documents, any pointers templates would be appreciated.

 

However, from reading extensively in these forums it seems these companies even after admiting they are at fault will always take things as far as they can (court proceedings) before parting with any money.

[247orbital]

Hi all,

 

I'm currently overseas at the moment but have had some correspondence at my UK address from Jan/Feb from Bryan Carter/ Fredrickson International Ltd/ Lowell Financial Ltd.

 

First letter was from Fredrickson International Ltd on behalf of Lowell Financial Ltd, usual things 7 days to pay etc etc.

 

Dear ****

 

This debt must be paid in full to these offices within the next 7 days otherwise we will take immediate action.

Should it be necessary to issue further proceedings in the county court (or the sheriff court as may be appropriate), further additional costs will be added to the balance outstanding.

 

If a judgment or decree remains unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt. Judgement debts are registered by the court. A judgment debt or decree against you would seriously effect your ability to obtain credit in the future.

 

Payment can be accepted blah blah blah etc etc........

 

14 days later the delightful Mr Carter sent the following.

 

Dear Mr ******

we write with regard to this outstanding debt.

 

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

 

Should proceedings be issued, additional charges will be added to the existing balance as shown

 

(here they added £65 of charges)

 

If you despute liability for this debt please state your reason in writing and supply us with documents in support of your defence to any claim.

 

Before you the account is referred to us to litigate you still have an opportunity to contact Fredrickson International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 08450349711

 

This is a serious matter and you may wish to seek independent legal advice.

 

Your sincerely,

Bryan Carter.

 

15 days later the following from Fredrickson International Ltd

 

Dear Mr ****

 

Despite a recent letter from Bryan carter Solicitors you have failed to discharge your debt with out client Lowell Financial Limited. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at:

 

My UK address

 

At this stage and as gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on 08452930451 with in 48 hours of receipt of this letter. Payment can be made blahblahblah etc etc......

 

Your sincerely

 

Fredrickson International Ltd.

 

_____________________________

 

I have typed the letters word for word as the were emailed to me complete with poor grammar and spelling mistakes.

 

These letters refer to a mobile phone contract which they claim is for under £100. Last year I SAR the mobile company and nothing could be found, I have this in writing. They claim this account defaulted in May 2005.

 

I'm not due back in the UK until April and I'm under the impression its just a fishing exercise but I'm also aware of Mr Carter's underhand tactics of CCJ's etc. Any advice would be appreciated. I'll try to respond as quick as I can but there is a 13 hour time difference.

[harrassed senior]

It may have been better to return the originals unopened as No longer at this address, having said that though, as you are well aware, there is history on this site showing that the issue of a Summons to a previously known address is quite popular.

 

This might just be a last ditch attempt to get some payment, to re-set the SB clock (unless your address is in Scotland, in which case it is already SB).

 

I would just keep a close eye now on the mail and see what further threats follow. The F & F offer may be a sign of no correct paperwork for Court - fingers crossed.

[Bazooka Boo]

Bryan 'bloody' carter!

If you don't reply to this sad sorry man, he will simply obtain a CCJ by default, which can then be set aside and defended, it really depends on how bothered you are about this? Either ignore this incompetent bunch of clowns, OR hit this nasty pest with a CPR request, by which he will run a mile and deny all knowledge of it, passing it back to the first set of clowns, is this near SB?

[PGH7447]

if the mobile company can find no records (and you have their written statement) then simply write to carter and co and say please take me to court, and while your at it please find attached a cpr request for the information you will be relying on

[247orbital]

My concern is my UK mail is only checked once every two weeks. I know Mr Carter is very crafty in the way he obtains CCJ's. The three letters I have received to date lead me to believe that as the alleged debt is near its SB date it is just a fishing exercise.

According to my CRA files it was defaulted May 2005, I don't live in Scotland so its close to its SB date. I became aware of this last year but after my response to my enquiry from the mobile company I thought it best to leave well alone.

I suppose I could go down the bemused route and enter into a letter exchange with Lowell/Fredricksons/Bryan Carter etc and hope to delay things until the SB date.

 

What would the next course of action be if Carter was to try a CCJ?

Can some one give me a link to a CPR request letter?

[NailPost]

Perhaps it would be best to check your UK mail a little more often during the next few weeks. I would ignore Bryan for now as it does appear to be a fishing exercise but if he issues a claim he'll have to be slapped quickly and decisively. That's much easier than it sounds. You simply acknowledge the claim and demand the relevant documents from Bryan. That should be enough to send him packing. At that point you demand costs for wasted time and you report the firm to the various authorities. One day action will be taken against solicitors like this who deal quite deliberately in misery

[247orbital]

I've arranged for a neigbour to check for mail every couple of days and my sister will step up her visits to once a week and sooner if there's any big manila envelopes arrive. Not the best of situations when your thousands of miles away.

[diddydicky]

if you have not notified the OC of your change of address it is unlikely that you will get a ccj set aside if it was served to your last known address since it is YOUR responsibility to advise your creditors if you move - not theirs, so i would not follow the advice of letting them get a ccj then applying to have it set aside

[247orbital]

Its not a permanent move, I'm not aksing for a CCJ to be set aside, I'm going to contest it before it reaches that stage should it happen. I suggest reading entire threads before you pass comment.

[Bazooka Boo]

Relax, calm down, DD was possibly referring to a previous post I made where I said that BC will attempt to obtain CCJ's by default. Your not there yet so don't allow it to irritate you, all everyone is doing is pre-empting what MAY happen, IF & WHEN it comes to it, it can be dealt with.

[diddydicky]

Its not a permanent move, I'm not aksing for a CCJ to be set aside, I'm going to contest it before it reaches that stage should it happen. I suggest reading entire threads before you pass comment.

 

i haven' got time to read entire threads- i would be on the computer for hours at a time if i did

 

my advice was meant to assist

 

however consider me unsubscribed from the thread

[victoria_siempre]

Hi guys

 

Can we please calm down and remember our primary purpose; to help new folk.

 

I came here desperate and suicidal; now I'm just murderous thanks to all your support.

 

Love as always

 

vic

Edited February 17, 2011 by victoria_siempre
grammar and guests

[247orbital]

Sorry DD but its not a long thread and I apologise if you thought I was a bit short with you, every ones input is welcome.

 

Anyway its been 8 days since the last letter threatening action in 48 hours. Mail was checked this morning in the in UK and no further contact.

[247orbital]

I really wish the likes of Lowell and HFO could get the dates right for default dates. I have HFO with a date 20 months later than the original creditor and now a Lowell one that is 6 months earlier!

[Bazooka Boo]

That is definitely a cause for complaint to the CRA's!

[247orbital]

Lowells defo on some sort of purge on debts nearing SB status, just had a call from the UK another letter from Lowells regarding a different debt that became SB in Sept of last year.