Lowell claim form - old o2 'debt'***Claim Discontinued***

[Jobbob]

Hello I wonder if someone could offer me some advice.

 

Over the past 4 years I have been receiving letters from Lowell regarding an o2 debt/ account that I know nothing about.

 

As far as I can recall I have never responded to Lowell

but I did contact o2 who informed that they have no access to the account as it has been sold to Lowell.

 

I do have an an o2 account which I have had for over 12 years which is fully up to date and never been in arrears and o2 have confirmed this.

 

Today I received a letter from Lowell headed pre legal assessment it states

"as long as we are with you directly we won't add any fees or charges"

 

 

then goes on to say

"if we do not hear from you we may consider taking Legal action this will result in Legal fees and interest being added to your account "

 

This is not my account

I know nothing about it other than the Lowell letters

I have only ever had one account with o2 and I have always paid it in full when it is due.

 

Is there a letter template that I could use to send to Lowell or could anyone offer any advice.

Lowell say I owe £750.

Thanks in advance

[unclebulgaria67]

There is a prove it letter in the CAG library or you just write back recorded delivery stating that you have had an O2 account for over 12 years and have never had any debt owing to them. That you believe that somehow they have been given the wrong details of the person to chase for this and suggest they go back to O2 for more details, before they waste their time and money.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-**Updated-21st-April-2014**

 

Some on CAG may tell you to ignore Lowell and let them waste their money issuing a court claim. That is ok, if you don't mind the hassle of dealing with a court claim, as it is pretty likely Lowell will issue one which you need to respond to.

 

Suggest you check your credit record, just in case this debt is noted. If it is, then even more reason to challenge. You should really have dealt with this when first chased to nip it in the bud.

 

You could also think about sending a subject access request to O2, which they have to respond to.

[dx100uk]

ah the old pre school letter

 

was it in red crayon.

 

pers i'd not send anything to lowells

all these letters are designed to do is to get a response

don't!

[Jobbob]

Thanks both. Two very different points of view. I will let you know what I decide. Thanks for the info and the links too

[dx100uk]

if you actually owed anything is a matter for you and o2

probably unlawful termination fees

which is why they sold it on to a debt buyer

= no legal powers

=they are not bailiffs

=they can only do what you or I can do and that's issue a claimform

 

they bought a lemon debt, shame that, it happens, tough luck on them.

 

its what the DCA business does, buys bad debt and chances they arm with a few scare letters hoping the mug will fall for the threats and cough up.

 

don't line the pockets of these people, cause that exactly what loads of others do

and that funded the operation to now try and scare you.

 

if people stopped paying DCA's tomorrow

the whole business would collapse.

 

 

dx

[Jobbob]

Thanks DX

I haven't replied to the letters over the past 4 years as it seemed as they was just phishing

and I read that if you reply you will be on their hook.

They write then it goes quite for a while.

 

This last letter is different and I would rather it ended and not have to deal with a court claim

PS I have no intention of paying them a penny!

[ericsbrother]

I will give you a pre-legal assessment, it may be wrong but I expect a response.

I bet you wear size 9 shoes. If so please send me some money.

If you dont wear size 9's please send me some money anyway as you must wear shoes of some sort

[dx100uk]

the last letter is no diff

it doesn't say WILL anything

read it properly

 

 

dx

[Jobbob]

Hello,

I have now had a claim form from Lowell for this debt.

 

I have not heard anything from them since the pre legal assessment letter in November 16.

 

I do remember that this was with DCA pre 2013 and I sent them a prove it letter to which I did not get a reply,

this is when I started getting the letters from Lowell.

 

Can anyone give me some advice on how I respond.

Edited January 26, 2017 by Jobbob

[dx100uk]

Thank you

 

Can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[Jobbob]

Name of the Claimant ? Lowell Portfolio LTD

Date of issue – 24 Jan 2017

 

What is the claim for –

 

1) The defendant entered in to an agreement with O2 LTD under account reference number ************

2) The defendant failed to maintain the required payments and a default notice was served and not complied with

3) The agreement was later assigned to the claimant on **/**/2013

4) Despite repeated requests for payment the sum of £750.00 remains due and outstanding

 

And the claimant claims

a) The said sum

b) Interest

c) Costs

 

What is the value of the claim? £820 + court fee + legal fee

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

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

Did not enter in to agreement I have an account with O2 that is over 12 years old up to date, never been in arrears and this is conformed by O2

 

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 purchaser

 

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

Not sure but had letters from Lowell dating back to 2013 and before that from a different DCA

 

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Did not start do not recognise the account

What was the date of your last payment? N/A

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

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

 

 

one additional question

 

 

when did you last moved and did you have mail redirection going?

[Jobbob]

Thanks for that will get this done today.

I have lived at my current address for over 30 years

What do I do if they don't respond within the 14 days I have to submit a defensive and what do I do if they do respond?

[dx100uk]

so how come o2 never sent bills to you then...

 

 

copy and past your thread title into the search cag box of the top red tool bar.

[Jobbob]

Not sure why I haven't received any bills or correspondence from o2.

 

First I heard of it was about 4 years ago from a previous DCA

 

I contacted o2 who informed me to contact the DCA which I did it seems it was then passed to Lowell.

 

I have tried searching the title of my post it just brings back my post.

 

Not sure what I need to do once I have sent the letter to Lowells solicitors and the 14 days becomes due to submit my defence.

 

Thanks

[dx100uk]

your defence is not due till day 33 from the date on the claimform.

 

 

not 14 days from aos date..

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Lowell+claim+form+-+old+o2+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Lowell%20claim%20form%20-%20old%20o2%20'debt'&gsc.page=1

[Jobbob]

Thanks DX letter is ready to post and AOS submitted. I will wait and see if I get a response and revert

[dx100uk]

read up as well mind

[Jobbob]

In the process thanks

[Jobbob]

read up as well mind

 

Hello again DX sorry to be a pain,

 

 

after doing some reading up on here,

it seems Lowell should of issued a letter before action prior to issuing the claim form. Is this correct?

 

Also re your point earlier I do not get bills sent to me from o2 for my account that I have had for 12 years didn't realise this until you mentioned it.

[dx100uk]

you are not being a pain.........

 

they should abide by the pre action protocol

but ofcourse they'll claim they were sent to another address or some other admin error.

nothing is ever done about, but its to your advantage that they haven't.

 

as for the statements, probably they are online and that's how the account was set up at the time.

 

all seems rather strange to me, but nothing unusual sadly

[Jobbob]

Thanks again DX. As before I will wait and see what happens next

[Jobbob]

Hello DX

I have received a letter from Lowell solicitors say.

 

The account is for a telephone number that I do not recognise that was opened in 2008 & the last payment was in 2012 (it wasn't paid by me).

 

They also state that a request has been sent to o2 for a statement of account & because it is a telecom account they are not obliged to provide a copy of the agreement or default notice.

 

There is also a letter enc from o2 giving details of when the account was opened and what is owed.

 

There's is also an assignment notice from Lowell.

 

Can you please advise what I do next?

[dx100uk]

Nothing

Just don't miss def filing date