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Hi,

 

I took out a mobile phone contract in March 2007 with O2.

 

They sent me the wrong handset - so I ordered a new phone online with new contract as this would arrive before a replacement handset.

 

I sent the wrong handset back and told them I no longer wanted that particular contract with them,

which is fine as they give you a 'grace period' where you can decide to cancel everything.

I then continued to use the one phone I had, and the one contract I THOUGHT I had.

 

In Summer 2007, while I was away, debt collectors began harassing my parents and threatening bailiff action.

 

They called pretty much daily, sending my mother into complete worry.

They refused to tell my parents what the debt was for and would only speak to me.

I was working abroad and returned towards the end of August 2007.

I experienced first hand the calls and threats daily.

This was when I found out it was for O2.

 

I said I did not owe O2 anything and that I paid my bills monthly etc.

The debt collector on the other line scorned me completely, mocking me saying 'that is what they all say'!!

I was not happy, and called O2 immediately.

 

It materialized that O2 had NOT cancelled the contract that I had returned back in March 2007

and had been billing me continuously since then without my knowledge.

I obviously had not been paying this, but had no bills or letters to say that I should have been.

 

I described the situation, and O2 said they would ask the debt collectors to stop calling.

They did not.

There was a yo yo of calls back and forth: debt collectors - me, me- O2.

The debt collectors would not stop until one day I spoke to someone at O2 and told them I was going to cancel the contract

that I had been paying correctly all along because I wanted nothing more to do with O2 after such a terrible experience,

and take legal action on them for harassment and bullying.

 

The date of my last payment to them was 27th August 2007.

I wrote to them, as well as calling explaining my decision,

which was acknowledged and nothing more was said or heard from debt collectors or O2 again..

..until NOW!

 

A letter dated 31st July, from Lowells, arrived at my parents house, which I then received in October 2013,

and proceeded to call them in October as soon as I read it to get them to explain this debt I apparently owed them.

They are requesting more than £600 from a debt with O2.

I explained that this was sorted out in 2007 and was a resolved issue.

I explained the situation again with the best of my ability after nearly 7 years has passed

and they contacted O2 to investigate.

 

O2 are claiming that I never returned the handset, which I got proof of postage of at the time,

but I am talking about something that happened nearly 7 years ago so now I have no idea where that little slip of paper is!

I do not think I can prove I returned it, although O2 had plenty of opportunity to tell me about this handset

when I was speaking to them every day over August 2007.

 

They never mentioned this once.

 

All they ever did was agree with me not owing them anything!

Lowells are now telling me that I have no option than to pay what I owe unless I can prove I returned this handset back in March 2007.

 

I really need advice on this issue. I am being bullied by a massive corporation (O2) and their heavy weights (Lowells).

 

Please help.

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Provided a CCJ was never obtained, this matter is statute barred now anyway, so any debt is not enforceable in any court. If you send Lowell a letter basically saying that you totally dispute that any amount is owed to them or O2. Plus that the matter is now 7 year old and is subject to the statute of limitations act 1980, so per OFT rules, they have to stop contacting you.

 

Just send this letter amended to say what you want. ( this should end the matter and you should hear no more, other than to acknowledge and advise they have closed their files)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

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STAY OFF THAT PHONE.

 

if you've done nothing in more than 6yrs the debt is STATUTE BARRED,

 

 

Lowell are NOT BAILFF and

have NO SUCH LEGAL POWERs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Obviously O2 should have contacted you about this in 2007. It is more than 6 years since the last communication, bill payment etc.

 

I would write to Lowell & tell them that O2 are mistaken, that you owe them nothing and not to contact you again.

 

Then O2 - the same apart from adding that they should have written in 2007 and not over 6 years later (use the phrase "over 6 years later" - the penny might drop.

 

I would send 2nd class but get a certificate of posting

 

If you want more direct letters, look through some of Bazooka Boos posts - his letters are very good & to the point

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Your credit files would indicate if O2/Lowell had succeeded in getting a sneaky CCJ without your noticing - check them first - an online free trial is quickest but if you go for one that charges then remember to cancel within the free time

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Actually i would ignore lowells. If they are stupid enough to issue a court claim, you can easily refute it using a SB defence.

 

If you want to nip it in the bud right now, just send the SB letter. Lowell will try and say a payment was made in 2009 either in march/september/november, but if they do, then we know they are trying to trick you and we can file formal complaints, as it is an unlawful practice and borderline illegal.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks everyone for all your help.

I sent an SB letter from the template here via email to Lowells in PDF format.

Just got an email reply now from them saying:

Thank you for your email.

 

We have looked into this further for you and have closed the account with us.

 

You should not receive any further correspondence from us asking for payments.

 

I hope this information helps.

 

Kind regards,

 

Jessica

Customer Services Lowell Group

 

Success? Should I also contact O2?

Should I also send a hard copy?

 

Thanks again for all the advice- really appreciate it.

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hoho how unusual no debt owed..little fleecers.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
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