Lowell/? Claimform o2/carphone debt - not mine [fraud] + over 6yrs old

[jackthepippa]

I have received a claim form the Lowell group which is for an O2 account.

 

I have 4 healthy accounts with O2 and this referred to none of them so I was surprised at this.

 

Turns out this is debt from 2007.

 

It is in my name and raised by carphone warehouse!!

 

Lowell obtained it in 2010.

 

I don't recognise it and O2 have forwarded it to their fraud team.

 

Meanwhile is this debt not statue barred anyway..

 

I've not heard of it before last month, when Lowell were claiming a random amount but to whom?.

 

.Only when the claim came through today could i find out the further info from O2.

 

What should I do now?

 

 

Claimant: Lowell Portfolio I Ltd

 

Date of issue – 22nd Jan 2015

 

What is the claim for – the reason they have issued the claim?

 

 

The claim is for £375.57,

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 Portfollio I Ltd on 05/07/2010

and notice served pursuant to the law of property act 1925

 

Particulars

re O2 (UK) Ltd

A/C No xxxxxxxxxx

And the claimant claims £375.57

The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum

from the date of the assignment of the agreement to date but limited to a maximum amount

of one year and a maximum amount of 1000 amounting to 30.04

 

What is the value of the claim? £375 (Costs give a new total of £490)

mobile phone/sim

According to O2, in 2007?

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim... Assigned to bulk purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? i dont recall any communication until this month

Again I can't recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Account used by someone else I believe so unaware

 

Again not aware of the account.

I don't know

No

[jackthepippa]

Also how do I fill in the Defence??

 

This is not my debt and lowell are clearly acting unlawfully!!

[havinastella]

This is not my debt and lowell are clearly acting unlawfully!!

 

Why?

[jackthepippa]

O2 have confirmed a fraudulent application in my name

 

I need to know how to put in my defense? Although 8 years have lapsed, thankfully O2 have the info which has been passed to the fraud team. However, I only have 14 days to defend or it will automatically be assigned..How can this be allowed???

 

LOWELL [problem]MERS EH??? Chancing their luck on any bulk purchases..CPR 31.14 HERE I COME!!!

 

Ah apparently Lowell are simply purchasing bulk debts..They are not even genuine..Relief

I can now put in my counterclaim..UTTER [problem]MERS eh?

CPR 31.14

Thanks O2!

[oleg]

You need only acknowledge service within 14 days. That gives you breathing space.

 

If it's not your account, you can't claim statute barred. How would you know if it's not yours?

 

Do you have in writing from O2 that it was obtained fraudulently?

 

Don't worry. If you did not take out this account, it will easily be despatched by a holding defence, putting Lowell to strict proof. Read the legal successes section to get a hang of it .

[jackthepippa]

That's just it.

The debt is in my name at my address!

 

 

I challenged O2 as to why I had not received any info.

 

 

There is another address added..

 

 

They won't disclose but it's Not mine!!!

 

 

So the simplest way is by SB. because it's in my name.

 

O2 have said they will respond in 5 working days.

 

 

.They have a mobile number that I don't recognise and a date of 2007.

 

 

Lowell claim they bought the debt in 2010

yet I have not been contacted about it as the address was altered by the perpetrator?

 

 

So confused.

 

 

.how the hell do I prove my innocence?

[unclebulgaria67]

You should have had letters from Lowells before they issued the court claim. They cannot just issue the court claim.

 

You just need to acknowledge the claim online within the time allowed and you could send a 31.14 letter to the people shown on the claim form, which will be the Solicitors acting for Lowell. In the letter, you should mention that you have spoken to 02, as this account is not yours and it has been referred to their fraud team to investigate.

 

If need be, when it comes to it, you can just say in your defence that you dispute the debt is yours and hold the claimant to strict proof that you held a contract with the original creditor 02 for which there is a debt that is not subject to the limitations act 1980 . You can add that you have contacted 02, who are investigating the account as fraudulent.

[jackthepippa]

Furthermore I have checked my credit file. There is a random associated address relating to a homeless Mother and baby unit?? They are now shut down. They took in homeless mothers to age 25..That sure as Hell wasn't me!!! i was born in 1964!!! This is just too bad!

[jackthepippa]

I did receive a letter asking for a spurious £375 but no other info. I had no idea what it referred to. Then literally within days the Claim arrived. less than 10 days..I thought it was a mistake of some kind until the court papers!

[unclebulgaria67]

Furthermore I have checked my credit file. There is a random associated address relating to a homeless Mother and baby unit?? They are now shut down. They took in homeless mothers to age 25..That sure as Hell wasn't me!!! i was born in 1964!!! This is just too bad!

 

You should ask the credit rating agency where this association has come from, as you have no association with the address or anyone at the address.

 

I wonder whether you have moved from an address in the area and you have had post e.g bank statements taken by someone, who have used them to take out accounts in your name.

 

Have you delayed giving your new address to a bank and they have sent perhaps a new bank card or credit card through the post.

 

Might be worth asking for bank statements going back as far as you can, to see whether you notice any transactions that you did not make. This may be cheaper under a Data Protection subject access request, as they can only charge you £10, whereas just asking for copy statements going back years may cost more. Depends on whether you always check all your statements carefully.

[jackthepippa]

Nope lived here 24 years. Call Credit said i needed to check..Useless. no help at all as Mother and baby unit closed!

 

Someone applied for a ctalogue to in my name but Call Credit refused to intervene!

 

I'm simply drawing a blank all of the time due to data protection.

[dx100uk]

two threads merged

 

 

please keep to one thread.

 

 

please fill this out and post the results here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[oleg]

Also - You stated that O2 confirmed a fraudulent application in your name. I asked whether you have that from them in writing. Unless I've missed something, I don't think you've answered.

[jackthepippa]

Also - You stated that O2 confirmed a fraudulent application in your name. I asked whether you have that from them in writing. Unless I've missed something, I don't think you've answered.

 

They say it will take 5 days to sort this. So no not in writing as yet.

[jackthepippa]

Lowell Portfolio I Ltd

 

Date of issue – 22nd Jan 2015

 

What is the claim for – the reason they have issued the claim?

 

 

The claim is for £375.57,

The amount due underan 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 Portfollio I Ltd on 05/07/2010

and notice served pursuant to the law of property act 1925

 

Particulars

re O2 (UK) Ltd

A/C No xxxxxxxxxx

And the claimant claims £375.57

The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum

from the date of the assignment of the agreement to date

but limited to a maximum amount of one year and a maximum amount of 1000 amounting to 30.04

 

What is the value of the claim? £375 (Costs give a new total of £490)

mobile phone/sim According to O2, in 2007?

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim... Assigned to bulk purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? i dont recall any communication until this month

Again I can't recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Account used by someone else I believe so unaware

 

Again not aware of the account.

 

I don't know

No

 

Hi Dx100UK ..Thanks for your assistance. Are the above details OK?

[jackthepippa]

Oh and in addition, O2 said to me yesterday that the original creditor was the Carphone Warehouse. Then O2. Then Lowell.

I have no more information at this stage whether a phone or just a contract was purchased.

[unclebulgaria67]

On the claim form there should be contact details for the claimant or their representative.

 

 

It might be worth telephoning them to advise them of what you have found out from 02,

that this account appears to be fraudulent (not taken out by you) and dates back more than 6 years ago,

so would be statute barred.

 

 

Advise them that you will be defending it on the basis that it is not your debt and give them the opportunity of cancelling the claim.

 

 

They may be able to contact the County Court bulk centre to cancel the claim, which might save you the hassle.

 

Just a thought, which might save you time and hassle.

[jackthepippa]

Hi there,

Thanks for that. I'll give it a try I think. Also what is the significance of the 2007 date. There seems to be a lot of mention about that year in the forum?

[unclebulgaria67]

Hi there,

Thanks for that. I'll give it a try I think. Also what is the significance of the 2007 date. There seems to be a lot of mention about that year in the forum?

 

Probably the Consumer Credit Act revisions that came into force from April 2007.

 

Plus obviously 6 years on from 2007 = 2013, so if people are getting chased for debts not paid since 2007, then they could well be statute barred.

[jackthepippa]

Great..Getting nowhere. Phoned Lowells. They claim a payment was made in 2009 so I asked for proof. They then said that Fredrickson would be the people to contact?? Who are they? Why aren't they named on the claim form! I knew I shouldn't have called them..It is not SB then but I don't have proof.

[dx100uk]

they ALWAYS say that!!

 

 

go read a few threads on them

 

 

freds/lowlife/farter/BW legal all the same lot!!

 

 

dx

[jackthepippa]

Just received the letter before action and guess what it's dated after the issue of the Claim..I DID NOT RECEIVE A LETTER BEFORE ACTION! It was issued after the event!

[jackthepippa]

So now what? I have to put in a defense and use which option?? How can the debt be bought in 2010 and yet Fredrickson talk of a payment before the debt was owned...Fredrickson aren't on the claim.

[unclebulgaria67]

So now what? I have to put in a defense and use which option?? How can the debt be bought in 2010 and yet Fredrickson talk of a payment before the debt was owned...Fredrickson aren't on the claim.

 

Just stick to the course of action. It helps to know that Lowell think the debt is yours and that a payment was made in 2009. Lowells now own Freds, but they did not back in 2009. It is up to Lowell to prove that this is your debt and is not statute barred, provided that you do submit the defence when required holding them to strict proof.

 

1) Acknowledge the claim form online by the deadline date. Send the CPR 31.14 letter and also ask Lowell to provide details of ALL payments made on the account. Advise Lowell that you dispute that this debt is yours and that 02 are investigating it as a fraudulent account.

 

2) See what comes back, but be ready to make sure that you submit your defence by the date required. Hopefully 02 will come back with more information.

[oleg]

Last payment would have been to original creditor. Or no payment at all. Your defence will be putting them to proof of this.

 

If Lowell think someone paid in 2009 they have issued a claim now to try to beat the statute bar.