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Lowell/Carter Claimform for an o2 mobile debt i know nothing about - help

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Hi all my google search has led me here

 

I have recieved 2 letters today

A county court claim form from the Northampton court sent by Bryan Carter solicitors on behalf of Lowell Portfolio Ltd

And a letter from Bryan Carter solicitors informing me that they intend to send the said county court claim form!

 

The amount is for £669.12 plus court fee £55 and solicitor fee £70

 

Now there is an account number there for O2 I am unaware of what this account and alledged debt is for

 

Am I right in thinking that I need to send a SAR letter off to Bryan Carter ASAP?

And obviously defend the claim on the claim form

 

 

Thanks in advance

Any help would be much appreciated as i have no idea what to do

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You send a Subject Access Request to the original creditor. NOT the solicitor.

 

Can you let us know the following.

 

Date of issue of the claim form - top right hand corner of the claim form

 

Also, please let us know exactly what it says on the claim form.. eg the reason they have issued it.

 

Once we have this information we can advise your time line and also what information you can request by way of CPR (request for information mentioned in Particulars of Claim) .


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Are you saying that you have had not received any communication from Lowells regarding this account.. no Notice of Assignment (notice of sale to 3rd party) or requests for payment, prior to this claim form ?


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Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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I dont recall having anything from Lowell at all

Date of Issue is 2nd October (same as the Letter from Bryan Carter)

 

Particulars of claim :-

 

This claim is for 663.76 the amount due under an agreement between the orinional creditor and the defendant to provide financeand /or services/ or goods

the debt was assingned to/purchased by Lowell portfolio I Lld

On 31-01-13 and notice served

Pursuant to the law of property act 1925

Particulars

re:O2 (UK) Ltd

A/C number xxxxxxxxxx

 

And the claimant claims 663.76

the claimant also claims interest persuant to S69 county court act 1984 from 31-01-2013 to date at 8% per annum amounting to 35.36

 

 

Hope that is what you was looking for

 

thanks for help

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Have you ever had an account with o2 and owed them money? If not, then send a prove it letter.


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Forgive me sounding a bit Stupid but what is a "Prove it letter"

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I dont recall having anything from Lowell at all

Date of Issue is 2nd October (same as the Letter from Bryan Carter)

 

Particulars of claim :-

 

This claim is for 663.76 the amount due under an agreement between the orinional creditor and the defendant to provide financeand /or services/ or goods

the debt was assingned to/purchased by Lowell portfolio I Lld

On 31-01-13 and notice served

Pursuant to the law of property act 1925

Particulars

re:O2 (UK) Ltd

A/C number xxxxxxxxxx

 

And the claimant claims 663.76

the claimant also claims interest persuant to S69 county court act 1984 from 31-01-2013 to date at 8% per annum amounting to 35.36

 

 

Hope that is what you was looking for

 

thanks for help

 

Ok, here is your timeline.

 

Date of Issue - 2nd October + 5 days for service = 7 October + 14 days to acknowledge claim = 21 October + 14 days to submit defence = 4th November.

 

 

There will be no agreement as this is a service contract. However, you should be able to ask for a copy of the Notice of Assignment which is claimed was sent to you in January of this year.

 

I am not quite sure what else you can request so I will alert site team for you.

 

Have you ever had an account with o2 and owed them money? If not, then send a prove it letter.

 

 

Imp, it is a bit late for this, a claim has been issued.

 

If the OP has never had an account with O2, then that is precisely what he would put in his defence. leero, did you have an account with them ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I dont recall having an account with O2 at all

surley there must be something filled somewhere with what this is supposed to be for

Is it a SAR letter i send?

 

my worrying thing is that i am away tonight for a few days have i got plenty of time to find out what i need to do

the CAB is always busy and no chance of an appointment

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have you moved in recent years

p'haps someone took one out using your details

from non redirected letters etc?

 

your credit file might help here

see if anything shows

 

its a quick and easy way to see use noddle see below

 

dx


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so am I right in thinking that they have sent me this claim form and that there is nothing that they can provide me to prove that i owe them this alledged money

 

Sounds like ive lost before i even start

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All that is on my credit file is Lowell for that amount NO mention of O2 and im pretty sure I have never had an O2 account

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not in the least!!

 

there lots you can do.

 

you are in the info gathering stage at present.

 

go get a credit report

 

see if anything shows.

 

as this 'indicates' its from jan this year they purchased it

it should show

 

dx


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yes all that is on there is Lowell and the said account started 20/3/2012 FOR THE AMOUNT OF £664

NOTHING ANYWHERE FOR O2

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right so 'someone' took out an o2 account on 20/3/12

in this midst of time its not at some point prior to jan not been paid.

 

o2 sold the debt to lowells [hence their name on everything]

 

they now issued a court claim through carter.

 

dx


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yes all that is on there is Lowell and the said account started 20/3/2012 FOR THE AMOUNT OF £664

NOTHING ANYWHERE FOR O2

 

Suggest that you phone Lowells for the 02 reference number, so that you can phone 02 to find out more information.

 

If this debt is not yours, you should be able to ascertain this quite quickly and get it resolved. 02 may be willing to contact Lowells on your behalf, if the wrong debtor has been issued the court claim.


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No, as advised, you need to take some steps.

 

If you are confident this is NOT your debt, then you must simply defend and deny it and put them to strict proof. That simple.

 

However, your replies to CB’s questions above seemed somewhat equivocal – ‘I don’t recall’ sounds a bit Leveson to me, and the correspondence would have been over the last eight months! – so could this be your debt? Have you ever defaulted on a mobile phone account or contract? The amount claimed looks like the full term cost of a mobile phone account that has been defaulted very quickly. [EDIT – superseded by new info – The actual account could have been taken out up to five or six years ago, but only recently sold to Lowell.]

 

If you find it may be or is your debt, then you need to follow the CPR 31 route, as advised by CB. Carter won’t send anything, but it will mean you’ve followed the ‘overriding objective’ in trying to resolve the issues, and you’ll need a carefully worded defence to hold them at bay until you can get the proof/details of any alleged debt.

Edited by DonkeyB

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Blimey, tons of responses in the time it took me to scribble that while also working ... all good stuff.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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All that is on my credit file is Lowell for that amount NO mention of O2 and im pretty sure I have never had an O2 account

 

This only goes back a year and a bit – surely you know who your mobile phone providers have been?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Ok I'm 100% I've not had O2 account

I've been with virgin for 4 years

So who do I sent letter to

The court papers say that all correspondence must be sent to the solicitors

Wouldn't Lowell have to have some paperwork proving this account or can I not ask them for a copy of contract

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Ok I'm 100% I've not had O2 account

I've been with virgin for 4 years

So who do I sent letter to

The court papers say that all correspondence must be sent to the solicitors

Wouldn't Lowell have to have some paperwork proving this account or can I not ask them for a copy of contract

 

It would be far quicker to phone Lowells or BC to find out the 02 reference number and then to phone 02. You may be able to get this sorted by 5pm tonight. I would rather do that, than send a letter waiting for a response if any.


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Ill do that when I get in

So I just ask them for the original O2 account number and that's it

What do I say if they turn around and say no

Seems most advice is not to speak to people on the phone and to write so that's why I suggested a letter

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Ill do that when I get in

So I just ask them for the original O2 account number and that's it

What do I say if they turn around and say no

Seems most advice is not to speak to people on the phone and to write so that's why I suggested a letter

 

This 02 account is 100% not yours and you want to get it sorted.

 

What is the quickest way to do this ? By phone, no brainer really. All you want from Lowells or BC is tbe 02 reference number, so you can make enquiries.

 

You are not phoning Lowells or BC to discuss the actual debt. If they ask, say that you don't think you have had any account with 02.

  • Haha 1

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Why would you ask for a copy of a contract that is not yours? Your defence is simply that this is NOT your debt, and the claimant is put to strict proof. You know they can’t prove it. Asking for a contract or agreement implies you know something about it, and will only encourage them.

 

Agree with UncleB – call and get the info (original account number, address at which account begun), and record the calls if you can. And, until you get a proper notice of discontinuance, you must put in a defence.

 

It would be interesting to know if O2 had a different address on their systems for the ‘debtor’ prior to sending you a claim form – hence the lack of previous correspondence. If so, this would seriously call into question the behaviour of Lowell and Carter.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Why would you ask for a copy of a contract that is not yours? Your defence is simply that this is NOT your debt, and the claimant is put to strict proof. You know they can’t prove it. Asking for a contract or agreement implies you know something about it, and will only encourage them.

 

Agree with UncleB – call and get the info (original account number, address at which account begun), and record the calls if you can. And, until you get a proper notice of discontinuance, you must put in a defence.

 

It would be interesting to know if O2 had a different address on their systems for the ‘debtor’ prior to sending you a claim form – hence the lack of previous correspondence. If so, this would seriously call into question the behaviour of Lowell and Carter.

 

just got of the phone with Bryan Carters

The account number is the one That has been put on the claim form by them and he said the account was created 30/3/12 (As per my credit report)

 

He said that all the information that they hold is on the claim form and that is all the information that he can give me

He said the account is Owned By Lowell Financial Limited who have insstructed them to take me to court

I told them that i have never had dealing with O2 and i asked them to prove that i did

His answer was that all the proof they needed was on the claim form they sent me and that i need to seek advice on the matter

 

What Now?

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Sums up Carter.

 

Call Lowell, or call O2 yourself. Are you recording the calls? If not, keep copious notes and get the names of those you talk to.

 

And also defend the claim – including the fact that you tried to resolve issues with Carter. It’s worth getting your defence in, as discontinuing afterwards will stop them coming again.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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