Lowell/? claimform - old o2 mobile 'debt'

[Honey Monster]

Hello all.

 

Just arrived home to find a County Court letter for a claim issued by Lowell regarding an old O2 mobile contract.

 

I've never received any thing like this before so not entirely sure what my next steps are. I did consider filing a defence but it doesn't really seem like I have one.

 

Is it just a case of filling out the form, hope they accept my repayment proposal and wait to hear back from the court or do ai have to attend?

 

Many thanks

[BankFodder]

If all you do is provide a payment proposal, then you are effectively admitting the claim. A judgement will be granted against you and then if the matter is not completely settled within a month, the judgement will be registered against your credit file and it will stay there for six years.

 

I wouldn't even begin to think about trying to negotiate with them to get them to call it off. It is almost impossibly unlikely that they will be prepared to enter into any kind of instant plan without having a judgement in place to protect their position.

 

I'm afraid that if you want to avoid this, then you should pay off immediately and I'm afraid also there will be the question of the claim fee which you will also have to pay.

 

I don't really think there is any way out – because you have already said that you don't think there is any defence

[AndyOrch]

But then again please bear in mind that these spurious claims by DCAs are bought for as little as 10p in the pound...o2 has already wrote it off and claimed the tax relief....so in effect you only need to challenge the DCA if they are legally entitled to bring the claim....9/10 they fail once challenged.

 

Please take a read of the following link and copy and paste the Qs and your responses back here to advise a little history of the debt.

 

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

 

Regards

 

Andy

[dx100uk]

No please put out of you head any silly notion of paying a dca anything on a speculative claim!!

[Honey Monster]

Hello

 

Date of claim - 15/06/2016

 

Particulars of claim -

 

The defendant entered into an agreement with o2 under account reference *****

 

The defendant failed to maintain the required payments and a Default Notice was served and not complied with

 

The agreement was later assigned to the claimant on 30/06/2016 and notice given to the defendant

 

Despite repeated requests, the sum of 202 remains due and outstanding

 

And the claimant claims

 

a) The said sum of 202

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, accuring at a daily rate of 0.0044 but limited to one year, being 15.85

c) costs

 

What is the value of the claim? £292

 

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

 

When did you enter into the original agreement before or after 2007? - 09/2011

 

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. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? - No record of notice being received

 

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

 

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

 

I don't believe so, haven't got any in my records

 

Why did you cease payments? - Was off work for over 6 months with illness and the breakdown of my relationship

 

What was the date of your last payment? Unsure but the default date listed is 04/2015

 

Was there a dispute with the original creditor that remains unresolved? No dispute

 

Did you communicate any financial problems to the original creditor and make any - Yes but requests ignored

[Honey Monster]

Just to add, I am in the process of looking into arranging an IVA. I have had a chat with StepChange and looks like something I will be going ahead with

[dx100uk]

As i said in post 4 i Question the need for an iva or any thoughts of giving in

[AndyOrch]

Missing information already added to post #5 ...please do not post again.

 

Andy

[Honey Monster]

I have now decided to go ahead with an IVA (just waiting to finalise the paperwork).

 

Would this decision have any impact on my reply to the court letter?

 

Many thanks

[AndyOrch]

I have now decided to go ahead with an IVA (just waiting to finalise the paperwork).

 

Would this decision have any impact on my reply to the court letter?

 

Many thanks

 

No the clock is ticking on the above...so any IVA would not finalised in time.

[Honey Monster]

Okay, thanks for reply Andy

[Honey Monster]

Just to update and ask for a little advice. I have requested extra time to submit a defence.

 

I have been through all my paperwork (which Im pretty meticulous at keeping) and cant find a copy of the original default or the letter of Assignment.

 

As such, Im thinking this is going to form the basis of my defence but nit entirely sure of how to word it - any help will be gratefully received

 

Xx

[AndyOrch]

Plenty of examples in the following forum...edit to suit....pref the same type of debt and claimant if possible.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

But you still have 25 days to finalise a defence.

[dx100uk]

you don't need more time.

why give them longer to magic up spoof paperwork?

 

 

dx

[Honey Monster]

Just a quick question, how long does it take to get a decision?

 

My defence was recieved on the 23/06/16

 

Thanks

[martin2006]

A decision on what?

 

 

If youve filed your defence then the court will now transfer the case to your local court

and a notice of allocation to the small claims track

[Honey Monster]

Okay I see, sorry obviously didn't understand the procedure. How long does it take to be transferred to my local court?

[martin2006]

Usually around 5 days to process it and then another for your local court to send you the NoA, then you have to fill in an N180 and comply with any other orders.

 

If you search your thread title in the red cag search bar you will see many like threads, have a read through some and you will soon see how it pans out and what comes next etc

[AndyOrch]

But only if the claimant wishes to proceed...otherwise after 33 days the claim is stayed.