Lowells/carter claim form - old O2 debt

[jay32mcr]

I received this letter today from Lowell exactly 1 day after another letter was received.

 

Claim Form

 

Claimant:

 

LOWELL PORTFOLIO I LTD

RE: LOWELL FINANCIAL LIMITED

REGISTERED OFFICE

ENTERPRISE HOUSE

1 APEX VIEW

LEEDS

LS11 9BH

 

Address for sending documents and payments (if different)

 

BRYAN CARTER SOLICITORS LLP

11 DE HAVILLAND DRIVE

WEYBRIDGE SURREY

KT13 0YP

 

Particulars of Claim:

 

THIS CLAIM IS FOR 577.00 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

Lowell Portfolio I LTD

ON 23/11/2011 AND NOTICE SERVED

PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

Re: O2 (UK) LTD

A/C No 1234567890

 

AND THE CLAIMANT CLAIMS 577.00

 

THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT

TO S69 COUNTY COURT ACT 1984 FROM 23/12/2011

TO DATE AT 8% PER ANNUM AMOUNTING TO

97.91

 

AMOUNT CLAIMED 674.91

COURTS FEE 55.00

SOLICITORS COST 70.00

TOTAL AMOUNT 799.91

 

-----------------------------------------------------------------------------------------------------------------------------------------------------

 

 

Prior to this we have been sent letters from Red, Hamptons Legal, Moorecroft, etc

 

As we are both on ESA due to my disability we are not entirely sure what this means and how a county court judgement would even have an effect on a couple who are already living below their means.

 

Please advice on the next course of action.

 

We have tried contacting Moorecroft and Hamptons about proof of the debt but rather foolishly we didn't send these via registered/recorded mail so there was no proof it was even received.

Edited February 8, 2014 by jay32mcr

[citizenB]

Can you please let us know the issue date of the claim - top right hand corner of the form, then we can let you know the timeline you have.

 

You will need to send a CCA request to Lowells - include £1.00 and send the request via Recorded Delivery.

 

You could send a CPR 31.14 request to the solicitors - which is free, but I doubt you would receive a response from them.

 

Do you wish to defend the claim or admit it ? If you are going to admit, then you would need to complete the form that came with your pack - and return it. I dont know whether you need to send it to the court or the solicitor - will ask someone to look in and advise further on that.

 

Are you still making payments to the account - if not, when did you stop and why ?

[jay32mcr]

The Date on the top of the page is 05 FEB 2014

 

Admitting it would be the quickest option as it is owed however for it to jump from all those different collectors to be returned to the original the price should be in Account Claimed: £577.00

 

I did contact them approx 3 years ago to try and ask for a goodwill gesture but they refused point blank so i haven't made any payments yet because i tried to come to an arrangement but they wanted in excess of £40 per month.

 

 

*Would a CCA apply in terms of a mobile phone contract?

Edited February 8, 2014 by jay32mcr

[citizenB]

Ok, your timeline is..

 

Date of issue 05.02.2014 + 5 days for service = 10.02.2014 + 14 days to acknowledge = 24.02.2014 + 14 days to submit defence = 10.03.2014

 

Ah.. right, I didnt realise this was a Mobile phone account, in which case you are correct, there will be no agreement as such.

 

However, you can definitely request that they provide you with a breakdown of the monies being claimed.

 

Do you agree that the figure of £577.00 is owed ? that seems to be an awful lot for a Mobile phone account ?

[jay32mcr]

Heres the story:

 

My girlfriend and I purchased 2 mobile contracts for 24 months each at £35 per month.

 

Then we were forced to move to another part of the UK due to family issues and really needed money to pay removal so reluctantly we sold the handsets.

 

The contract remained however my girlfriend was contacted for a £577 debt also but given a choice to pay £138 to resolve the issue there and then which she did.

 

I was out of communication during this time (relationship issues) and did not return for approx 8 months.

 

In that time there was no communication between debtors and myself.

 

Then approximately a year and a half afterwards i was contacted by lowell with the same price to pay and i contacted them to try and agree a plan of action however they were not as friendly to me as they were to my now Wife and said its all or nothing.

 

I told them it just wasn't possible to make any sort of bulk payment due to my circumstances and asked if it was possible to set up a monthly option which they agreed to but would not accept anything less than £40 per month which i couldn't afford.

I explained this to them but was treated to the regular debt collectors threats of bailiffs and ccjs etc but they just wouldn't accept anything less so i said i would get back to them.

 

Then came the endless daily phone calls which stopped after informing them i would no longer conduct business in any other way than letters.

 

The debt was passed to all the usual Lowell companies who each time would not offer any significant reduction so i ignored them.

 

Then today the Claim form for Northhampton (CCBC) came and now my wife is worried about the implications.

 

So to recap. 2 contract phones, 1 paid with a huge reduction and 1 outstanding.

[dx100uk]

opps so you sold the handset that was not really yours to sell....

 

dx

[jay32mcr]

Thats it in a nutshell. Needs must and all that..

[jay32mcr]

One more question. The Debt is in the Surname XXXXX and my wifes surname now she's married is not XXXXX. Would that make a difference?

Edited February 17, 2014 by Andyorch
Surname removed

[AndyOrch]

One more question. The Debt is in the Surname XXXXX and my wifes surname now she's married is not XXXXX. Would that make a difference?

 

No makes no odds...previous maiden name is still legal.