lowell/? claimform - o2 mobile debt not mine

[stegly66]

Have a quick question I hope someone can help with.

 

 

Lowell started court proceedings for an outstanding £200 debt to O2.

 

 

I have no knowledge of this and I've never had a phone with O2

 

 

I defended it with the usual 'prove it'.

 

 

The court has now said this is suitable for mediation.

 

 

If I genuinely believe this is not my debt,

am I right in thinking that I should decline mediation

or would this look bad in the eyes of a judge.

 

 

I just can't see what there is to mediate about if the debt isn't mine

or do I agree to mediation and just state this at that point.

Advice would be appreciated.

[BazzaS]

Mediation isn't only about compromise or negotiating a settlement - it can be about establishing areas of agreement or points of disagreement that the court must decide on.

 

Agree to mediation (avoiding any risk of looking bad for not agreeing to it), but if it isn't your debt note this to the mediator!

[dx100uk]

can you fill this in please

 

 

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

 

 

and give us the details of why you think the debt is not yours

and its history.

 

 

dx

[BazzaS]

can you fill this in please

 

 

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

 

 

and give us the details of why you think the debt is not yours

and its history.

 

 

dx

 

I have no knowledge of this and I've never had a phone with O2.

 

Pretty clear history and detail of why the OP thinks "not my debt"

 

Where the history of any letters and details of interactions might be useful (as well as the OP describing if there is anything on their credit report) is trying to establish if this is mistaken identity / identity theft.

[stegly66]

Thanks for your response. I will do as you suggest and opt for mediation.

[stegly66]

I've had letters before from various DCA's and I used to phone them to tell them it wasn't mine but they'd just say that they'd investigate and get back to me, which of course they never did.

 

A few months would go by and I'd get another demand and we'd do the same thing again.

 

Eventually I got fed up with it and stopped responding to them as I felt I wasting my breath and money on phone calls.

 

Then lowell got hold of it, sent one letter followed by the court summons.

I haven't checked my credit report yet but I will do now and see if this is on it.

[BazzaS]

I've had letters before from various DCA's and I used to phone them to tell them it wasn't mine but they'd just say that they'd investigate and get back to me, which of course they never did.

 

A few months would go by and I'd get another demand and we'd do the same thing again.

 

Eventually I got fed up with it and stopped responding to them as I felt I wasting my breath and money on phone calls.

 

Then lowell got hold of it, sent one letter followed by the court summons.

I haven't checked my credit report yet but I will do now and see if this is on it.

 

Have you informed Lowell's it isn't your debt?

Mediation will be a good chance to tell them (explaining that you have told multiple DCA's previously) / tell them again

(Have you yet informed them?)

 

If it is on your credit report : either they have reported on your report for someone else's debt, or you are all victims of identity theft. Either way, check, so you can get it resolved, and your credit report can reflect the true situation.

[AndyOrch]

You would refuse mediation and state why on the DQ......you cant mediate on something that is not your liability.