Being taken to court by Lowell for a disputed 02 phone contract!

[hairymonkey]

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.

[unclebulgaria67]

Can you post up the particulars of the claim shown on the claim form.

 

The reason this is needed is to enable people on CAG to advise you on what CPR letter you need to send to Lowells or the Solicitors acting for them. The CPR is an official letter using court procedures to ask Lowells for the proof they hold. When you then attended court, you would be able to say that you had sent the letter and what response you had.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18

[hairymonkey]

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

[unclebulgaria67]

Is this debt on your credit record ? Suggest that you have a look.

 

Would be worth sending O2 an SAR to obtain all the details they hold. If you click on SAR, there is a template letter which you need to send with a £10 postal order.

[hairymonkey]

Is this debt on your credit record ? Suggest that you have a look.

 

Would be worth sending O2 an SAR to obtain all the details they hold. If you click on SAR, there is a template letter which you need to send with a £10 postal order.

 

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!

[Ganymede]

Do you not need to provide ID to get the contract these days?

[hairymonkey]

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.

[unclebulgaria67]

What have you do so far in regard to providing the court with any info they require ? I presume that you acknowledged the claim and then sent some details of your defence in to them.

 

What you have you done so far, in regard to obtaining the information you need from 02 ? You need to get on to this. I would suggest that you speak to the 02 complaints people to discuss what has happened and how you can obtain all the information you need as quickly as possible. Perhaps 02 have a team that specifically looks at cases where fraud is suspected. If someone has taken out contracts in your name in the way that they have, this would be fraud. You should perhaps also look at reporting this to the Action Fraud helpline, as 02/Lowells/Court would expect this.

 

http://www.actionfraud.police.uk/

 

If you going to tell the court that someone had taken out these contracts using your details, without your permission, then you are going to have report it as a fraud. I realise that you think it was your Brother who is no longer in the country, but you do not know this is the case ? So you should obviously not advise that you suspect your Brother of this. You just need to obtain the info from 02 to show that it was not yourself who took out the contracts with 02. Hopefully you can get hold of this info and then defend the claim.

[unclebulgaria67]

After thinking about this, I think you would better off obtaining the info from 02, rather than sending a CPR letter to Lowells. See how you get on first with 02.

[hairymonkey]

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

[unclebulgaria67]

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

 

Yes, provided that you tell them that you are recording the call for your own record purposes at the start of the call.

[hairymonkey]

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!

[unclebulgaria67]

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!

 

I would suggest that you give their complaints dept a phone call and give them one last chance to deal with this. 02 complaints link

If you have no joy, I would suggest that you phone the Ombudsman Services on 0330 440 1614 and ask them for their assistance. Advise them that 02 are refusing to offer any help at all.

[hairymonkey]

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.

[unclebulgaria67]

Letter seems ok to me.

 

I think you need 02 to action an urgent SAR to obtain all of the information they hold. You need to know how these contracts were taken out and for this to be investigated.

 

At some point I think it would be worth seeking an adjournment of the court hearing, so that the fraud can be investigated. I am sure that Lowell can agree to this, so that a full investigation can take place.

[hairymonkey]

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?

[unclebulgaria67]

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?

 

Yes you can use it in evidence. I suspect that if 02 write to you doubting that the contracts were taken out by you, that Lowells will withdraw the court claim.

[hairymonkey]

Yes you can use it in evidence. I suspect that if 02 write to you doubting that the contracts were taken out by you, that Lowells will withdraw the court claim.

 

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.

[unclebulgaria67]

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.

 

Once 02 have confirmed that they doubt you are the person owing the debt, then after Lowells become aware of this, they should contact the court to end the claim and the hearing will be cancelled. You can then use your hols for something else.

 

Just keep going and you should get this resolved.

[hairymonkey]

Once 02 have confirmed that they doubt you are the person owing the debt, then after Lowells become aware of this, they should contact the court to end the claim and the hearing will be cancelled. You can then use your hols for something else.

 

Just keep going and you should get this resolved.

 

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.

[unclebulgaria67]

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.

 

You should get something in writing from 02, which you can send to Lowell.

 

In your letter to Lowells, you can say that 02 are investigating the accounts as fraudulent and nothing to do with yourself.

 

You should calm down abit. You should get this resolved way before any court date in November.

[havinastella]

Just remember that this is subject to Court papers now. Do not miss ANY court deadlines.

 

Did you put in a defense?

[hairymonkey]

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:

 

To Whom it May concern,

 

I am writing in respect to case number: xxxxxxxx in reference to the county court action you are issuing against me.

 

I would like to provide you with crime reference number: xxxxxxx. As the police are investigating the fraud of which I and 02 are victims. It has always been my position that this debt was not taken out by myself, and I have held that position since 02 originally contacted me. I have explained this to call handlers for Lowell Portfolio, and Lowell have so far chosen to ignore this.

 

I would also like you to provide me with evidence that I am the person who owe the money to 02. By this I would like to request that I am presented with documents and contracts showing that I ever signed up to this contract. I would like to receive this before the hearing date. I am happy to be provided with copies of any documents which you hold relating to evidence that it is indeed me who took out this contract.

 

I would like you to provide me with a copy of the notice of assignment, and explain why this has so far not been sent to me. I have so far not received this document, and am therefore at a loss at to why I am having county court action taken against me by a third party company. I wish to have this to check the legitimacy of any claim Lowell are raising against me.

 

I feel that your behavior constitutes harassment, as I have made it clear that I am not the person who took out this contract. I would like you to provide copies of tape recordings between myself and Lowell phone operators, or transcripts to verify this. I will be contacting the OFT to raise a complaint about this harassment which I feel is a contravention of section 25 of the Consumer Credit Act 1974.

 

I would like details of steps your company have undertaken to investigate this. I would also like to state that I have raised this with 02 Ltd. I have included a transcript which I will be entering into evidence, claiming that they know this matter is being dealt with as fraudulent, and that they are dealing with it. I also will be entering into evidence recordings I have taken on the phone, whilst speaking to members of 02 fraud department. Here it is clearly stated that the matter is being looked into. If you as the claimant wish to have a copy of these recordings before the hearing date, I am happy to provide them with an electronic formal via email, or will copy them to disk at your cost.

 

Finally - I feel that given an investigation is being carried out by 02 and the Police, it would be prudent to reconsider if you feel civil action is the correct action at this time.

 

 

Regards

[hairymonkey]

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:

 

To Whom it May concern,

 

I am writing in respect to case number: xxxxxxxx in reference to the county court action you are issuing against me.

 

I would like to provide you with crime reference number: xxxxxxx. As the police are investigating the fraud of which I and 02 are victims. It has always been my position that this debt was not taken out by myself, and I have held that position since 02 originally contacted me. I have explained this to call handlers for Lowell Portfolio, and Lowell have so far chosen to ignore this.

 

I would also like you to provide me with evidence that I am the person who owe the money to 02. By this I would like to request that I am presented with documents and contracts showing that I ever signed up to this contract. I would like to receive this before the hearing date. I am happy to be provided with copies of any documents which you hold relating to evidence that it is indeed me who took out this contract.

 

I would like you to provide me with a copy of the notice of assignment, and explain why this has so far not been sent to me. I have so far not received this document, and am therefore at a loss at to why I am having county court action taken against me by a third party company. I wish to have this to check the legitimacy of any claim Lowell are raising against me.

 

I feel that your behavior constitutes harassment, as I have made it clear that I am not the person who took out this contract. I would like you to provide copies of tape recordings between myself and Lowell phone operators, or transcripts to verify this. I will be contacting the OFT to raise a complaint about this harassment which I feel is a contravention of section 25 of the Consumer Credit Act 1974.

 

I would like details of steps your company have undertaken to investigate this. I would also like to state that I have raised this with 02 Ltd. I have included a transcript which I will be entering into evidence, claiming that they know this matter is being dealt with as fraudulent, and that they are dealing with it. I also will be entering into evidence recordings I have taken on the phone, whilst speaking to members of 02 fraud department. Here it is clearly stated that the matter is being looked into. If you as the claimant wish to have a copy of these recordings before the hearing date, I am happy to provide them with an electronic formal via email, or will copy them to disk at your cost.

 

Finally - I feel that given an investigation is being carried out by 02 and the Police, it would be prudent to reconsider if you feel civil action is the correct action at this time.

 

 

Regards