Lowell/BW - Claimform - old o2 mobile 'debt'

[dicklett]

Good evening forum, been a member for a while but its been a while since i posted or visited, i could do with some advice please if anyone could spare the time.

 

In a nut shell.... Lowell through BWL have issued me with a claim form for an old mobile phone bill, i have got to the stage where i have just returned a directions questionnaire to the court.

 

The POC on my claim form state that "telefnoica are claiming for a mobile agreement thats regulated by the CCA 1974... it goes on to say "the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been issued and not complied with"

 

I defended in full and on my defence i advised that i believe the debt to be statute barred, after checking with Telefonica they have confirmed that the last payment was November 2009 and there was no further contact/acknowldegement made after this, They registered the default date on my credit file as 1/6/2010. I also made the court aware that BWL claim that a mobile agreement is regulated under the CCA - which i believe it is not. So this is incorrect

 

CCA Request Sent, CPR31.14 sent - Nothing received back for CPR31.14 - further email sent to them chasing for information.

 

BWL replied to my SB letter advising that because the default date was 1/6/10 it wasn't statute barred but they haven't provided any further evidence to support this.

 

DQ received, I have sent off the DQ .

 

Lowell responded with a £1 refund advising that this account isn't regulated by the CCA 1974 - despite their claim specifying it is and on the POC they state that i failed to meet payments under the terms of that agreement ???

 

I now don't know what to do next, do i just wait for the court to request paperwork prior to arranging a hearing or before that happens should i be writing to BWL again reminding them that the debt is statute barred and that they haven't provided any real info to tell me why its not , based on this they should pull their claim?

 

Also their wording on the POC on the claim form is all wrong as its not a regulated agreement but they claim is that it is, and under that agreement (that doesn't exist) i failed failed to meet contractual payments.

 

I should also add that i never signed any form of agreement so there is not one in existence but i played the game by asking for BWL to provide the one they refer to.

 

If i should be writing to BWL can you advise what content i should have in my letter and what i should leave out, don't want to shoot myself in the foot here.

 

Thank you for any help and advise.

Edited May 31, 2016 by dicklett

[silverfox1961]

Hi

Interesting. I suspect BWL may just discontinue. The fact that it was defaulted on 1/6/10 is (in my opinion) neither here nor there as they cause of action would be the missed payments however a judge may interpret things differently.

To be statute Barred (also in my opinion) it is not when an actual default was applied but when they reasonably should have which really should have been within 3 months so IMO it is Statute Barred.

 

You state there was no signed agreement. Was this done online? If so then a tick can be a signature. Also, in some mobile contracts, the handset is based on the CCA 1974 and the air time a separate contract. I suspect your contract didn't make this difference so it wouldn't come under the CCA 1974.

 

I think you will now get some instruction from the courts for the claimant to supply the evidence and for you to defend. BWL are not that good when it comes to this.

[dicklett]

Hi Silverfox,

the phone initially was not taken out in my name,

it was taken on through a friend who could get additional phones through a family and friends perk at 02,

 

 

the name and address was then simply changed on the account so the invoice came to me,

the mobile phone contract with them went into dispute,

made the last payment in November 2009 - confirmed with o2,

and i did not continue to pay but then never heard anything more about it

until March this year. ..... after 6 years.

 

 

It wasn't like the modern mobile contracts where you are taking out a loan for the hand set

and then then contract for service, it was an all in one kind of thing,

i know 100% that i never signed a thing as like i said it was set up thru a staff member of O2.

 

In my defence i made the court aware that i have not received adequate info to be able to assess the claim,

that I've not acknowledged this debt in 6 years, nor made any payment in 6 years,

received nothing from them about this debt, that it is statute barred,

 

 

I've requested documents from BWL that they have not provided STILL, all the claim is denied.

 

I filled in the directions questionnaire i didn't ask for mediation as i have no paperwork from BWL

about anything just a court claim,

 

 

should i be writing to someone to remind them of all this

or do the court make contact again after they receive my Directions questionnaire ?

 

Thank you, flapping a bit and feel like i should be doing something more, writing more etc.

 

Cheers

[AndyOrch]

" should i be writing to someone to remind them of all this or do the court make contact again after they receive my Directions questionnaire ? "

 

No...once the court has considered both parties DQs you will be sent a Notice of Allocation...this will contain the Directions that both parties must comply with and by what date..in preparation for a hearing.

 

Regards

 

Andy

[dicklett]

" should i be writing to someone to remind them of all this or do the court make contact again after they receive my Directions questionnaire ? "

 

No...once the court has considered both parties DQs you will be sent a Notice of Allocation...this will contain the Directions that both parties must comply with and by what date..in preparation for a hearing.

 

Regards

 

Andy

 

Thanks Andy, its this next stage i wasn't sure what to do.