Lowell o2 Debt

[doubled1987]

Apparently I have an outstanding debt to o2, it's stat barred under Scottish legislation but having sent this to them:

 

Without prejudice

 

Dear Sir/Madam

 

Account No: xxxxxxxxx

 

I do not acknowledge the alleged debt.

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that The Prescription and Limitation (Scotland) Act 1973 Part 1, Section 6 states as follows:

 

“If, after the appropriate date, an obligation to which this section applies (an appropriate debt) has subsisted for a continuous period of five years-

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished…”

 

I/we would also point out that, in their Consumer Credit sourcebook, the Financial Conduct Authority states the following:

 

"In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:

(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and

(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period." 7.15.3

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

The last payment or written acknowledgement of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Part 1 Section 6 of the above Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed as the debt is now extinguished under Scottish financial Legislation.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed with your entry against my name also subsequently removed from my credit file.

 

Regards

 

 

I got the following reply advising me that they will not accept the claim of stat barred and will continue to act based on the default date being less than 5 years:

 

Please be advised that this debt did not become fully due and payable until O2 issued a Default Notice, which you did not comply with.

According to our information, the Default was applied in January 2010 and, therefore, we consider that the debt is enforceable for 5 years from that date.

 

Please let me know how you would like to continue so I can assist you further.

 

I look forward to hearing from you.

 

Kind regards,

 

Lowell

 

 

Any advice on how to reply to this would be appreciated last payment goes back to may/june of 2009 so definitely stat barred

[fkofilee]

Continue on at them that it is Stat Barred abd advise them that the default notice DOESNT constitute the start of the 5 year period. Simple...

Raise a complaint if need be or email my favorite chief ever...

 

Email; [email protected]

Title; Chief Risk Officer and Legal Counsel

[Guest]

hi

what does the service contract say about payments and being in breach of such? ie shld run from the breach

[BRIGADIER2JCS]

Apparently I have an outstanding debt to o2, it's stat barred under Scottish legislation but having sent this to them:

 

Without prejudice

 

Dear Sir/Madam

 

Account No: xxxxxxxxx

 

I do not acknowledge the alleged debt.

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that The Prescription and Limitation (Scotland) Act 1973 Part 1, Section 6 states as follows:

 

“If, after the appropriate date, an obligation to which this section applies (an appropriate debt) has subsisted for a continuous period of five years-

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished…”

 

I/we would also point out that, in their Consumer Credit sourcebook, the Financial Conduct Authority states the following:

 

"In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:

(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and

(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period." 7.15.3

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

The last payment or written acknowledgement of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Part 1 Section 6 of the above Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed as the debt is now extinguished under Scottish financial Legislation.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed with your entry against my name also subsequently removed from my credit file.

 

Regards

 

 

I got the following reply advising me that they will not accept the claim of stat barred and will continue to act based on the default date being less than 5 years:

 

Please be advised that this debt did not become fully due and payable until O2 issued a Default Notice, which you did not comply with.

According to our information, the Default was applied in January 2010 and, therefore, we consider that the debt is enforceable for 5 years from that date.

 

Please let me know how you would like to continue so I can assist you further.

 

I look forward to hearing from you.

 

Kind regards,

 

Lowell

 

 

Any advice on how to reply to this would be appreciated last payment goes back to may/june of 2009 so definitely stat barred

 

 

I would suggest a letter of Formal Complaint to Ms Sara de Tute, Director of Legal and Compliance at The Lowell Group.

 

 

Point out to her that the " limitation" period for "simple contracts starts running from the date when a contractual payment was due and not made, after which no further payment or unequivocal written acknowledgment was made, and you will not therefore make any payment or offer of payment now or in the future.

 

 

My guess is that Lowlife are relying on the Appeal Court Judgement BMW Finance - v- Hart (2-14) which said that the limitation period started from the date when the creditor can demand payment in full i.e. the default date, I would contend that this does not affect your debt as the AC judgement was in respect of a Hire Purchase Agreement( i.e. secured upon goods).

[doubled1987]

Ok so was gonna fire back this...

 

Dear Sara,

 

Please see the attached conversation. I believe this is a failure to comply with the relevant legislation and guidelines issued by the FCA. The FCA states the following:

 

"In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:

(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and

(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period." 7.15.3

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

Furthermore I'd also like to highlight that the limitation period for simple contracts starts running from the date when a contractual payment was due and not made, after which no further payment or unequivocal written acknowledgement was made. On this basis I will not therefore be making any payment or offer of payment now or in the future.

 

I'd therefore request you to confirm that this debt has been extinguished under The Prescription and Limitation (Scotland) Act 1973 Part 1, Section 6 and that no further recovery action will take place.

 

Should recovery action action continue after this written notification I will not hesitate to instruct my solicitor to pursue legal recourse against yourselves on the grounds of harassment.

 

Regards

 

 

Would you lot recommend any tweaks?

[sillygirl1]

I wouldn't bother with the part starting Furthermore, just finish it off after the statute barred bit with

 

I trust this is clear and understood - this alleged debt is statute barred and I will not be making payment now or in the future.

 

Lowells seem to have bought a load of lemons from 02 recently, including a dead one of mine (caused by O2 overcharging me for a month and claiming I hadn't returned their modem - when their own engineeer took it back!)

[BRIGADIER2JCS]

I wouldn't bother with the part starting Furthermore, just finish it off after the statute barred bit with

 

I trust this is clear and understood - this alleged debt is statute barred and I will not be making payment now or in the future.

 

Lowells seem to have bought a load of lemons from 02 recently, including a dead one of mine (caused by O2 overcharging me for a month and claiming I hadn't returned their modem - when their own engineeer took it back!)

That statement is there because of the case law Lowell may well be relying on!

[sillygirl1]

I see, they seem to like picking and choosing which bits of the law they will use - and which bits 'bear no relevance' to their case!

[BRIGADIER2JCS]

I see, they seem to like picking and choosing which bits of the law they will use - and which bits 'bear no relevance' to their case!

Exactly!!

[dx100uk]

where did you take the phone contract out?

 

 

dx