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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lowell/? claimform - disputed o2 mobile 'debt'


mlc123
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Hi

 

Hope I can get some advice on what to do.

 

I have received a county court claim from Lowell re an O2 debt.

I cancelled my contract early as I was so angry at being barred from making calls,

after I had made an agreement with them to pay a bill over 2 months, rather than just the one.

I was on a fixed monthly contract but somehow my data or calls overan one month and I was massively charged.

 

 

I knew my DD would be rejected,

so contacted them immediately and they offered me a 2 month repayment

( half the debt immediately, and the remaining half on the next bill). I agreed.

 

 

About 1 week later, they barred my outgoing calls.

I rang them, and they said they didnt know whay it had happened, so put my calls back on.

 

 

2 days later it happened again, just the outgoing calls were barred,

I did online chat and they put my calls back on again.

 

 

About 3 days later my calls both outgoing and incoming were barred.

I went online chat again and they said I had no agreement to pay over 2 months.

I told them to listen back to their phonecalls, and see the online chats and that they would hear/see it all agreed.

 

 

This person just said that the person who agreed it had no authority to do so, and that was the end of that

.....they would not put my calls back on.

 

I was so mad, as at the time, I was a community support worker, and my phone was a neccesity in that type of job.

 

In my absolute anger,

I told them to cancel my contract, as I had been with them for years, and never once not paid a bill

( except this time, but I had contacted them straight away before the bank had even seen a DD for this bill).

 

 

Obviously I could not use the phone as calls were barred, so I just waited for the next bill to arive and I paid the the next bill, in full, for that month

and the remaining of the previous month as agreed.

 

 

I had been advised by the first person to cancel my DD to avoid my bank charging me for a returned DD,

so both my initial payment and this final payment were made manually by debit card.

 

I gather this claim is for my 'outstanding contract charges' because I cancelled early.

 

 

When O2 started to chase me I sent letters and emails to explain the whole saga, but not once did they reply to me.

I think I was 5 months into this contract out of 18 month.

 

I am being asked to pay

£326.20 + £21.88 interest + £35 court fee + £50 legal representatives costs.

 

The details read

1) the defendant entered into an agreement with O2 under account reference xxxxxx ('the agreement)

2)the defendant failed to maintain the required payments and a default notice was served.

3)the agreement was later assigned to the claimant on 30/1/2015 and notice given to the defendant.

4)despite repeated requests for payment, the sum of £326.20 remains due and outstanding.

And the claimant claims a)the said sum of £326.20, b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.071, but limited to one year, being £21.88, c)costs

 

 

On the form is named

Claimant

Lowell Portfolio I Ltd, with a leeds address

 

Address for solicitors

Lowell solicitors Ltd, with a northampton address

 

What is the best way for me to proceed?

Any help much appreciated.

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Hi mlc123 and Welcome to CAG

 

I will move your thread to our Financial Legal Issues in view of receiving a Court Claim.

 

Regards

 

Andy

We could do with some help from you.

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If you could read and respond to the following link...posting your responses here along side the questions asked.

 

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

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Posting on behalf of the OP

 

 

Name of the Claimant ? LowellPortfolio I Ltd

 

Date of issue – top right hand corner of the claim form – this in order toestablish the time line you need to adhere to.

 

Date of issue 3/12/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 21/12/15+ 14 days to submit defence = 4/1/2016 (33 days intotal) –

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASEREMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 +19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days tosubmit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim(verbatim) less any identifiable data and round the amounts up/down.

 

The details read

1) the defendant entered into an agreement with O2 under account referencexxxxxx ('the agreement)

2)the defendant failed to maintain the required payments and a default noticewas served.

3)the agreement was later assigned to the claimant on xx/1/2015 and noticegiven to the defendant.

4)despite repeated requests for payment, the sum of £326 remains due andoutstanding.

And the claimant claims a)the said sum of £326, b)interest pursuant to s69 countycourts act 1984 at the rate of 8% per annum from the date of assignment to thedate of issue, accruing at a daily rate of £0.0xx, but limited to one year, being£22, c)costs

 

What is the value of the claim? £326

 

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

 

When did you enter into the original agreement before or after 2007? After2007

 

Has the claim been issued by the original creditor or was the account assignedand it is the Debt purchaser who has issued the claim. DebtPurchaser

 

Were you aware the account had been assigned – did you receive a Notice ofAssignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – atleast once a year ? Notsure. Will check.

 

Why did you cease payments? June2015

 

What was the date of your last payment? June 2015

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and makeany attempt to enter into a debt management plan? Only when the Bill involved came to light, but nothing after I cancelled the contract.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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