Lowell / Brian Carter claim form o2 mobile debt***Discontinued***

[ocnnll36]

Hi,

I am having a problem with Lowells, they have started legal action against me, its for £338,

they reckon I owe it for an O2 contract from over two years ago.

 

I had a disagreement with O2 as they gave me a duff phone, looks like they sold the debt but how do I know its kosha ?

 

I now have to admit to owing it and pay, or admit to half of it or disagree with the claim altogether.

 

In my defence (to be written on the court form) can I ask them to provide a consumer credit agreement ?

 

Thanks

[citizenB]

Can you let us know the issue date on the claim form - top right hand corner.

 

 

 

There is no agreement for a mobile phone contract, so there is little point in asking for one. However, you can ask them to provide a statement of account which shows how the debt has arisen.

 

If you can you let us know exactly what it says on the claim form - the reason they have issued the claim, then we can advise what documents/information you can request.

[ocnnll36]

Thank you !

 

Issue date is 29/8/13

It says;

"This claim is for £329.05

the amount due under an agreement between the original creditor

and the defendant to provide finance and/or services and/or goods.

 

This debt was assigned to/purchased by lowells finance limited

 

On 31/05/2012 and notice served pursuant of the law of property act 1925

 

Particulars O2 (uk) Ltd

A/C no ............and the claimant claims £329.05

The claimant also claims interest pursuant to S69 county court act 1984

from 31/05/2012 to date at 8% per annum amounting to 32.73

 

then it says court fees 30.00 solicitors 50.00 Total £441.78

 

Thanks

[dx100uk]

whilst awaiting help

 

tell us the story of the faulty phone please

 

dx

[AndyOrch]

If you have never received the Notice of Assignment then you can request a copy of that....

 

Regards

 

Andy

[ocnnll36]

The phone's screen cracked while it was on a table in the sun,

i asked them for a new phone as it was only 2 months old,

they said it was my fault as i was in a beer garden when it cracked,

i explained i was not drinking and the phone just cracked.

 

They were very obstinate on the phone to me,

i explained they had not fulfilled their contract as my phone was under warranty.

 

I refused to pay the bill,

they then sent the debt to some other firm i think then these people 'Lowells'

[ocnnll36]

Can i cite this in my defence portion of the county court form?

 

Thanks

[AndyOrch]

I personally wouldnt go into too much detail within your defence ..simply refute or accept then expand as the claim progresses...you will have further opportunity within the process to detail.

 

Dont play all your cards on the first hurdle:wink:

 

Regards

 

Andy

[ocnnll36]

Thanks for that, I am not really sure what I can put in my defence then, I have never done it before, all ideas gratefully received ;0) !!!

[AndyOrch]

Difficult to say without sight of their particulars (verbatim)

 

Apologies post #3 give me a few mins

[AndyOrch]

###Particulars of Claim###

 

1.This claim is for £329.05 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

2.This debt was assigned to/purchased by lowells finance limited on 31/05/2012 and notice served pursuant of the law of property act 1925

 

3.Particulars O2 (uk) Ltd

A/C no ............and the claimant claims £329.05 The claimant also claims interest pursuant to S69 county court act 1984 from 31/05/2012 to date at 8% per annum amounting to 32.73

 

 

 

###Defence###

 

Paragraph 1 is denied the account referred to is in dispute.O2 failed to replace their phone after 2 months into the contract therefore service/s were irrelevant and unusable.

 

Paragraph 2 is denied neither the Original Creditor nor the Assignee have served Notice pursuant of the law of property act 1925.

 

Paragraph 3 is denied the as the Original Creditor was in breach of any agreement by failing to replace the equipment.

 

Further to the above it is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt as stated, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Edit to suit...copy and paste into MCOL and print your receipt as proof of submission.

 

 

Regards

Andy

[ocnnll36]

Andy...I think I love you !!

 

Seriously mate, thanks very much, was really worrying me.

 

I appreciate all your help guys !!

[ocnnll36]

Update for you, had letter today from Brian Carter saying the claim has been discontinued !!

 

Thanks for ur help guys !

[unclebulgaria67]

Update for you, had letter today from Brian Carter saying the claim has been discontinued !!

 

Thanks for ur help guys !

 

Just make sure the court are aware of this and arrange to send them a copy of BC's letter if necessary. Better safe than sorry.

[AndyOrch]

Excellent ocnnll...thread title amended to reflect the result.

 

Regards

 

Andy

[ocnnll36]

Good point, i will, thanks!

[citizenB]

Excellent news

[ocnnll36]

Hi, i have now had a letter from Brian Carter saying that they have passed my details onto another company? How long can this go on for?It feels like harrassment now! Any ideas please?D

[citizenB]

I guess you could respond and ask them to cease their harrassment of you, especially in view of the fact they have discontinued their own claim.

 

You could advise further that if they continue with their harrassment of you, you will be making a complaint to the Financial Conduct Authority (previously the FSA)

[ocnnll36]

HiThanks mate, thats what i will do!Cheers