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Lowell Claim Form - old O2 Debt - poss SBd

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Hi I'm a new user and would like some advice as to what to do with the the claim form

 

Issue date from County Court Business Centre 27 Nov 2017 received through my door on the 29th Nov 2017

 

Particulars of Claim

The Claimant's Claim is for the sum of £931.55

 

The Defendant entered into an agreement O2 (UK) Ltd

under account reference xxxxxxx

 

The Defendant failed to maintain the required payment and the service was terminated.

 

The Agreement was later assigned to the Claimant on 28/03/2013 and notice given to the Defendant

 

Despite repeated requests for payment, the sum of £862.55 remains due and outstanding.

 

And the Claimant claims

 

The said sum of £862.55

 

interest pursuant to section 69 of the County Courts Act 1984

at a rate of 8.00% per annum from the date of assignment of the agreement to the date of issue (28/03/2013) accruing at a daily rate of 0.189 but limited to one year, being £69.00

Plus Costs

 

 

I ran my own business that went under thanks to woolworths owing mr £170k, a whole host of debts had been mounted up, I'm not sure of the exact date of the agreement with O2, I defaulted around Nov/Dec 2008.

 

I went through a bad break up at this time, became depressed and swept everything under the carpet.

 

I may have received letters from O2 but not sure. I went for the option that if i didn't acknowledge any letters then it would eventually become statute barred.

 

I've never acknowledged any letters from Lowell's.

 

And now this turns up on my door step!!

 

I thought this would've come under statute barred

 

Can anybody advise me what to do please?

Many thanks

irp

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Hi and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Please read the following link and then copy and paste the Q,s and your responses back here for further advice on dealing with this claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy


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Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 27th Nov 2017

 

Date to acknowledge) = 15.12.2017

 

 

date to submit defence = 29.12.2017

 

What is the claim for –

1.The Claimant's Claim is for the sum of £931.55

 

2.The Defendant entered into an agreement O2 (UK) Ltd under account reference xxxxxxx

 

3.The Defendant failed to maintain the required payment and the service was terminated.

 

4.The Agreement was later assigned to the Claimant on 28/03/2013 and notice given to the Defendant

 

5.Despite repeated requests for payment, the sum of £862.55 remains due and outstanding.

 

6.And the Claimant claims

 

The said sum of £862.55

 

interest pursuant to section 69 of the County Courts Act 1984

at a rate of 8.00% per annum from the date of assignment of the agreement to the date of issue (28/03/2013) accruing at a daily rate of 0.189 but limited to one year, being £69.00

Plus Costs

What is the value of the claim? £1061.55

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile Phone Account

 

When did you enter into the original agreement before or after 2007? I'm not entirely sure but could've been 2007

 

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? Not Sure

 

Did you receive a Default Notice from the original creditor? Not sure too long ago now

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I'm aware of

 

Why did you cease payments? I ran my own business that went under thanks to woolworths owing me £170k, a whole host of debts had been mounted up, I'm not sure of the exact date of the agreement with O2, I defaulted around Nov/Dec 2008.

I went through a bad break up at this time, became depressed and swept everything under the carpet.

 

What was the date of your last payment? Not sure of the exact date but had to be in 2009

 

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 planicon? No

 

I know I'm sketchy on dates but surely this is Statute Barred?

 

If you can give me some help on how to respond it would begreatly appreciated.

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go ring o2 and ask last payment date

if its SB'd it will make things so much easier and kill the claim dead.

 

dx


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thanks dx i’ll Ring them tomorrow and post back

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I've spoken to O2 they've just told me the account is closed with no details at all on their system!!

Not sure what to do now?

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what date was it closed?


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August 2012

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then that's within 6yrs

 

get back on the phone to them.

 

Ask again

if they mess you around demand to speak to a supervisor

 

under the

Prevention of Fraud Act

AND

the Data Protection Act

 

they MUST hold data for 6yrs

tell 'em to stop faffin around else you'll be straight on the phone to the

information commissioners office

and be raising a complaint against them and seek financial compensation where applicable


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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