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

[unclebulgaria67]

Should I not send my response to farter then but instead focus on my defense that because of the reasons already specified, I dispute this debt.

Also should I include my requests for info and their uncooperative response?

 

As your defence does not need to be entered for a few weeks,

 

 

you should concentrate on getting 02 to reveal more about who reactivated the phone and what details they have.

 

You need to understand the Carters are really debt collectors,

with a couple of Solicitors with their names on the doors,

but the rest are just administration/legal executives.

 

 

They mostly deal with people paying the debts, when they receive the claim forms.

Carters don't always continue with the claims they issue, if they are defended.

 

A defence can simply be that you deny that the debt is yours and that 02 have confirmed that the phone was reactivated without your knowledge,

to an address where you have never been resident.

 

 

02 have advised that their normal security procedures were not followed when the phone was reactivated

to make sure the person requesting this, was the original person named on the contract.

 

This is why it would be helpful to have more information in writing from 02,

 

 

which you can use to back up any defence that you put in.

[jackthepippa]

Good news the Fraudulent address has been investigated successfully!

 

Your dispute has been successfully resolved and we're making arrangements for your credit report to be amended in accordance with your request.

 

 

You should be able to see the changes on your Noddle credit report when your next monthly update takes place.

 

 

You can log-in to your account to see when your report is next due to be updated.

 

 

Please remember if your report is due to be updated within the next week, this change may not show until the following update.

 

 

Please be reassured that anyone searching your report will see the most up-to-date data.

[dx100uk]

your best course of action is use the red toolbar cag search and read up on other mobile debts.

 

 

as well as pressuring o2 to reveal more. but if that does happen don't worry too much.

 

 

whatever you do DONT miss the defence deadline

 

 

dx

[jackthepippa]

Hi d, Thanks for your replies.

 

 

What is the Red toolbar?

 

 

Also can i attach all these letters I have received from various respondents in my defence claim?

 

 

Do they have an online attachment facility?

[dx100uk]

no you don't need to do that

 

 

you defence will be short and simple

 

 

most probably, based upon the no paperwork/holding one.

 

 

you can only deny or accept the points raised in their poc

 

 

the rest , like the dispute/fraud etc is probably for the next stage IF they want to proceed.

 

 

spend your time reading up

 

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+mobile&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20mobile&gsc.page=1

 

 

dx

[AndyOrch]

In theory then, I could issue a Claim to Charles Dickens.

How could he then prove he didn't owe it? (Apart from statute barred that is. )

Surely it is for the claimant to prove, with evidence, that I owe it! My defence is "I don't"

 

..because of a) b) c)...So you Mr Claimant must PROVE IT!

 

Yes you could providing you know the address for service...and would be granted default judgment...as he cant respond....but you would never get paid:wink:

[jackthepippa]

Finally had response from Lowell regarding my defence.

 

 

O2 have shared information about my Fraud investigation with Lowell. Is this legal? Data protection?

 

 

They have said that on the 26th January 2015, they had a request/investigation from me regarding the Fraudulent address on my credit file

and subsequent reactivation of the sim card.

 

 

And that because the perpertrator knew or guessed my security details they would not consider it fraud..

 

 

Surely this was private information.

 

 

Could anyone please advise?

[AndyOrch]

Lowell are now the legal owner and data controller...02 must furnish them with all the relevant data.

[jackthepippa]

Ah ok, so that answers that then.

 

 

Also O2 have said that because whoever reactivated the sim,

because they knew my personal details,

can't treat as fraud.

 

 

I rang Lowell and explained it was a relatives partner who obtained my details and then used the new address to hide the evidence.

 

 

As far as I knew the phone was a closed/completed contract.

 

 

I've submitted in my Defence,

the notice of correction from Credit Ref agency.

 

 

Shown that the address coincided with the re-activation,

 

 

shown I opened new accounts with O2 recently which would indicate no adverse credit history at my address.

 

 

.Yet Lowell still not provided the SAR which could prove by numbers called they did not come from me.

 

 

..But they intend to proceed.

 

 

Now what?