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lukesshenry

Lowell/Carter Claimform - o2 debt

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I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me.

 

I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell.

 

2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582

 

I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue.

 

Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement?

 

Thanks for your time reading this.

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Hello and welcome to CAG.

 

Is this a blue court form N1 that you've received? If so, could you have a read of this stikky and give the guys the information they need in order to advise you please?

 

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

 

My best, HB


Illegitimi non carborundum

 

 

 

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I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me.

 

I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell.

 

2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582

 

I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue.

 

Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement?

 

Thanks for your time reading this.

 

They don't have to supply a CCA for a phone debt. But they have to evidence the debt and anything mentioned in their particulars of claim.

 

If you had an unpaid bill from April 2009, it should be statute barred and the default date in 2010 is wrong. If you are sure about the account being unpaid in 2009, you can defend on tbe basis that the debt is subject to statute of limitations and that the claimant is held to strict proof by way of original creditors statements of account in regard to an accurate default date.


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Name of the Claimant ? Lowell Portfolio LTD

Date of issue – . 06/10/2015

 

What is the claim for – O2 Phone bill 2010

What is the value of the claim? £580

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile O2

When did you enter into the original agreement before or after 2007? 2010

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. lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

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

Why did you cease payments? Was not aware this existed

 

What was the date of your last payment? never made one

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

Thanks for the quick response :)

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They don't have to supply a CCA for a phone debt. But they have to evidence the debt and anything mentioned in their particulars of claim.

 

If you had an unpaid bill from April 2009, it should be statute barred and the default date in 2010 is wrong. If you are sure about the account being unpaid in 2009, you can defend on tbe basis that the debt is subject to statute of limitations and that the claimant is held to strict proof by way of original creditors statements of account in regard to an accurate default date.

 

 

 

Name Mr XXXXXXXX Date of Birth 12/05/1989

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

Edited by Andyorch
Missed Default date/Name removed

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Name Mr XXXXXXXX Date of Birth 12/05/1989

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

It would be helpful to get hold of confirmation from 02 of when the last unpaid bill was and when this would have been in default under the accounts terms and conditions. If you can get 02 to confirm this, then you can defend with 100% certainty that the debt is statute barred, so cannot be subject to court enforcement. And Bryan Carters are then likely to not proceed.


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It would be helpful to get hold of confirmation from 02 of when the last unpaid bill was and when this would have been in default under the accounts terms and conditions. If you can get 02 to confirm this, then you can defend with 100% certainty that the debt is statute barred, so cannot be subject to court enforcement. And Bryan Carters are then likely to not proceed.

 

Just spoken to O2 via online chate and they do not have an account for my name and address or any address that I have previously lived at, I have saved the online chat.

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Hi

 

You may wish to rethink your user name...if that's your real name...

 

Regards

 

Andy


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Actually.. Im going to step in and ask a few more questions. When is the debt from? This WILL Determine whether a CCA Request is required for this account.

 

As a general rule of thumb, CCAs are not required for Utilities accounts, but O2 set up the Refresh Tariffs where your phone is paid aside of your airtime under a Consumer Credit Agreement.

 

If you can remember if the account was subject to it, then it could mean you may have to tweak any defense that you reply with.


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Name Mr XXXXXXXX

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

This is all the info I have from equifax.

 

O2 do not have info of the account when I spoke to them (conversation saved)

 

 

Sorry I can't be more helpful with the info.

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Acknowledge the claim on MCOL and state you will be defending the claim in full. The sooner you do this the better, and then send in a Statute Barred defence - it will then be up to Carters/Lowells to provide documentation otherwise.

 

Its a bit too late to do a CCA request to all parties although it would be helpful to do one.

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Name Mr XXXXXXXX

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

This is all the info I have from equifax.

 

O2 do not have info of the account when I spoke to them (conversation saved)

 

 

Sorry I can't be more helpful with the info.

 

Can you remember this unpaid 02 account ?

 

You seem to be unsure about it.

 

If so, try to get an 02 reference number or details from Bryan Carters, so you can make enquiries with 02. I suspect that 02 have deleted you from current systems and you will need to ask them for information from archived old accounts using any reference number you find out.

 

See what you can find out and post back.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Can you remember this unpaid 02 account ?

 

You seem to be unsure about it.

 

If so, try to get an 02 reference number or details from Bryan Carters, so you can make enquiries with 02. I suspect that 02 have deleted you from current systems and you will need to ask them for information from archived old accounts using any reference number you find out.

 

See what you can find out and post back.

 

No I cannot remember it at all i'll call Bryan and Carters for info and get back to O2 and see what I can muster up.

 

Thanks

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Claim has been acknowledged and I have selected defend in full.

 

So I now send a Statute barred defence?

 

Is it worth the CCA request?

 

How long have I got to submit the defence, should I find out more info first or go for it?

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You CANT Send a CCA Request if the Account wasn't subject to it. You need to FIND out!

If it wasnt subject to a CCA then it wont work!


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I wouldn't be speaking to carter on the phone.

 

 

can we have to full particulars of the claim please

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Try staying off the phone unless you can record the conversations. As you have already found Carter is extremely unhelpful.

 

Use the CPR route and you will get a more beneficial response.

 

Hello to the 21 guests on a Saturday morning.

#

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After speaking to O2 and carter this is what I've got to work with

 

Carter:

 

03/04/2010 default

 

27/01/2011 debt purchased

 

****** account number

 

online 18 month

 

O2 opened in 20/04/2009.

 

And Phone disconnected on 05/11/2009

 

No details of any payments

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I'd do the statute barred defence. That would give them the grief of proving the alleged debt.

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sounds like its SB'd

 

 

go ack [aos] the claim on mcol website

 

 

then when you are ready

 

 

file the SB defence

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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SB defence has been submitted thanks all for your help on a Saturday morning I really appreciate it. I will update you as I go along (Not sure what to expect yet) Enjoy the rest of your weekend. :)

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I have received notice of proposed allocation to the small claims track this morning, what should I do now? Seems this just does not want to go away!

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So no acknowledgement of your SB defence?

 

WHO has sent this allocation to SC track?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bryan Carter said they received my defence and wish to continue unless I paid up. (I ignored)

 

Received SC Track today from The court office at the county court business center

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std practice if you read other carter threads.

 

 

doesn't really mean anything


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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