Mobile phone Court Claim /Lowell o2

[newt]

I received a county court claim form regarding a mobile phone contract that I disagree with that I want to dispute.

 

I will fill in the acknowledgment of service ticking the box that I intend to defend the claim.

 

But I am unsure then which form to send to the claimant for proof of their claim.

 

Is it a CCA request, CPR 31.4 request, both or another.

 

Any help would be appreciated, thanks.

[AndyOrch]

Hi newt I see you managed to find your way here

 

If you could read the following link and then copy and paste your responses back here to enable the best advice on proceeding with this claim.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Regards

 

Andy

[newt]

Name of the Claimant ?

Lowell

 

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

13th January 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER 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 to submit 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 defendant entered into a agreement with O2 (uk) ltd

the defendant failed to make the required payments

the agreement was assigned to the claimant in 2012 and notice given to the defendant

 

 

What is the value of the claim?

total amount including court fees etc £346

 

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

mobile phone account

 

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

not sure

 

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.

account assigned and debt purchaser has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

not sure

 

Did you receive a Default Notice from the original creditor?

not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

not sure

[newt]

I have informed MCOL that I will be disputing the whole claim. Can anybody give me any advice what to do next and how to go about defending this please.

[Bazooka Boo]

Well there's not a lot to go off?

 

Lowlifes claim you owe the money, so what was your dispute with O2?

 

WHEN did you enter into the agreement with O2?

What letters have you received off O2?

When did lowlifes start sending you missives?

Have you checked your credit file?

 

What do you not agree with?

What is your defence?

[newt]

I don't know the answers to a lot of these questions. I joined 02 in September 2006. I received the first letter from Lowlifes in 2012. I disagree with the amount and would rather not pay it. how can I go forward please.

[dx100uk]

when was the last time you paid o2 anything?

 

 

have you looked on your credit file?

noddle is free see below

 

dx

[dx100uk]

if you've not paid anyone or written and signed a letter to anyone in 6yrs this could be statute barred

easy to defend

 

dx

[Bazooka Boo]

I disagree with the amount and would rather not pay it. how can I go forward please.

 

That's no defence.

Why do you disagree with the amount?

Did you inform O2 that you disagreed with the amount at the time?

How far did you take your dispute with O2?

Did you inform Lowlifes when they bought the debt that it was in dispute with O2?

 

You might be lucky as DX says, and it might be SB?

[newt]

As most people that come on this site Bazooka Boo I fell on hard times and am still picking up the pieces. I buried my head in the sand at the time and don't have much paperwork or remember too many details of things. I just need a bit of help to stop the ccj.

[AndyOrch]

Hi newt

 

We appreciate the circumstances that evolve in life and the ways things pan out...but this forum is a self help forum and we will guide and point you in assisting yourself.

 

We cant just dream up a defence to avoid a CCJ we can advise where what to do what to ask and how to prepare any possible defence...but you will have to do the research first.

 

I would start by sending a CPR 31.14 request to the claimants Solicitor...CCA are not applicable to mobile phone debts.

 

Then speak to o2 ask when was the last date you made payment.

Sign up and take a look at your CRA files and see if its defaulted against you..by who ..what date...could it be statute barred?

 

We will help you but you must help yourself first.

 

Regards

 

Andy

[newt]

thanks Andy, will do.

[Bazooka Boo]

I'm trying to help newt, but need more information to be able to give you constructive advice.

 

You can ask the court for more time in order to get all the information needed to hopefully lodge a good defence.

[dx100uk]

We never advocate accepting an ext.

Unless in exceptional circs

[newt]

I sent a CPR 31.14 request letter 10 days ago but had nothing back. What do I do next please ?

[dx100uk]

did you ever nailed down the last time you paid this?

 

 

go ring o2 and ask.

 

 

ideally you need to file a defence by 4PM TOMORROW.

 

 

get moving!!

[newt]

Thanks Dx100uk.

I don't have any info. Can I file a defence online or should I post it ?

[dx100uk]

you do it on mcol

but PLEASE not yet

 

 

go ring o2

if you can prove its SB'd or probably SB'd

we can kill this stone dead.

 

 

please go try o2

 

 

dx