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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   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. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Spartaafc

Default from Lowell after moving from o2

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Hi guys,

 

Going to try keep this short.

 

 

in November 2014 I started looking at upgrading my phone as it was playing up.

O2 couldn't offer me a suitable deal.

So I moved to 3 in December 2015.

 

When I got my PAC code and told o2 that I was moving

they said any remaining monies would be taken from my account.

That's what happened with my broadband account as I moved them both at the same time.

 

Fast forward a year later I get a call from Lowell saying am I aware of a debt that's owed to o2.

I told them not because I moved over a year ago and have had not contact from o2 since, only emails entitled,

"Your monthly bill" and when I open them it simply states there's nothing to pay this month.

 

Lowell got back to me saying that they contacted o2 and the debt was still outstanding.

I then contacted o2 my self to make sure it wasn't a [problem] or anything

and was shocked when they told me I still owed. I instantly paid the £154.

 

As I'm sorting out a mortgage I decided to check my credit file

and to my amazement there's a default on there from Lowell but no mention of o2.

 

Ive had email contact with o2 referrals team but they are hopeless.

They gave me a number to ring to get a refund and said I must pay Lowell directly.

I have phoned them yet, I wanted to ask her first for advice.

 

I'd be wary of o2. I've been there for 10 years, if there was money owed, they could've wrote, emailed or phoned.

 

What to do now??

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firstly STOP PHONING A FLEECING DCA!!

 

never ever phone them

they'll fleece you blind

second

Lowell cannot enter defaults on your file

it would have been o2 that did this

before they sold the debt to lowells.

 

when that happens

their name replaces that of the original company

hence the default and their name.

 

have you got proof that o2 stated there was nothing more to pay

all that time ago?

 

 

paying this debt WILL NOT

remove the default.

so get your moneyback

and give us some answers.

 

 

 

dx


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Thank you for respodong dx100uk.

 

I have a few of those emails that's within the same time as when o2 would've sold the debt.

 

So you recommend getting a refund from o2? What do i do next?

 

O2 credit file referals team, specifically a person named Irfan. basically said "bug off and stop emailing us" - they aren't will to hear what my side.

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Write to o2, demand to know whats going on and why an accoutn with no outstanding monies was sold to a DCA. Email it to the CEO. Not the CS department.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Just spoke back to o2 who says they can't refund the money owed? And that I did pay it?? Feels like I'm going round in circles here

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Hi. Please don't ring them unless you are recording the call. Many customer services staff do not fully understand the complexities when something goes wrong.

 

While this will take longer, I feel you should be writing to them ensuring you head the letter Formal Complaint. O2 are then restricted to 8 weeks to resolve this to your satisfaction before you can escalate the case to the Telecoms Ombudsman. (or even earlier if they reject your complaint before that time)

 

Have they said how this debt became due?

Did you use the PAC code? (If not then the account would have continued)

Did you cancel the direct debit immediately upon leaving O2? (If yes then it is likely there were some call charges not collected)

 

Why did they not inform you of the debt? Have they told you?

 

As your bills stated nothing to owe then something has gone wrong. I suggest sending O2 a SAR to get all of the account info when you may be able to see what has gone wrong.

 

As for the default, with telecoms companies, they do this regularly (just look at Vodafone) O2 would have placed the original default and when Lowell bought this debt, they would have replaced the name O2 with their own which is why yours shows this. I would challenge this with O2 and the Ombudsman if it gets that far.

 

For ease, this is their details

 

Telefónica UK Limited

 

Complaints

260 Bath Road,

Slough,

Berkshire,

SL1 4DX,

United Kingdom.

 

I would send this by signed for delivery to ensure they receive it and also cannot deny they have received it.


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O2 claim to have sent me emails and letters, non of which i received. Ive just checked my credit file and the entry seems to have disappeared?? How likely is it that they've removed it?

 

I did get onto lowell direct and tbh, the lady that responded for the CEO was very helpful.

 

Ive also checked last months credit file and its on there, but its not on the most recent. How likely is it that it appears back on there?

 

Thank you silverfox. I will get onto that - but i will hold out and see if this credit mark comes back.

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Just to add, ive check my file for 26th april 2016 and the mark was on there, it appears it was removed yesterday/today?

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