Jump to content


  • Tweets

  • Posts

    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
  • Our picks

dcahater76

Lowell Chasing Recent 02 Account

style="text-align:center;"> Please note that this topic has not had any new posts for the last 206 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

 

Thanks

 

Andrew

Share this post


Link to post
Share on other sites

Yes under what ofcom have stated

 

Pers i'd not bother with letter tennis unless you get a letter of claim

Stop making powerless dca feel important


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi Dx,

 

Im currently sitting on this I got there pre legal letter the other day.

Im not particularly worried about it.

 

If it turns out they are trying to collect the right amount i will offer them 75% F&F just to get rid of it.

My way of thinking is if I complain to them it might just buy me a little time before they proceed to court as I have no way of countering this if they do.

 

The account was defaulted in April and quickly sold on to lowlifes.

No SB defence applicable.

i have complained about the amount and asked for a breakdown on how they arrived at the figure they allege i owe.

In theory they will have to go back to 02 for this so might just give me a bit of breathing space for a couple of weeks to get the finances together to get this paid off as I dont want a CCJ at this point.

 

Curiously though this isn't showing up on Noddle or Clearscore

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

dont offer them 75% of it. Theyve very likely paid the oC 10% of the total debt. Why pay it when you dont have to. Especially if its got unlawful charges in it.

 

If you have their PaP pack, dont reply using it. Theres a link on this site with a pack y ou use to reply with.

 

And CCJ? CCJ is a LONG way off. If it ever even happens. Theres a bunch of stuff that happens before it goes to a CCJ. Even if they filed a claim tomorrow, it would likely be jan or feb before it goes to court. Possibly later.


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

:D

Share this post


Link to post
Share on other sites

Hi Renegadeimp,

 

What sort of percentage would you suggest. Im going down the line of paying F&F if necessary.

 

Thanks,

 

Andrew

Edited by dcahater76

Share this post


Link to post
Share on other sites

0% Youll ge tmore advice soon. You need to find out why the debt was sold, how much are charges etc.

 

Get a SAR going to O2


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

:D

Share this post


Link to post
Share on other sites

Thanks RenegadeImp.

 

Sar form downloaded from 02 will get it in the post tomorrow.

 

Thanks

 

Andrew

Share this post


Link to post
Share on other sites

yep offer nowt!!

and no more silly letter tennis!!

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi DX,

 

Thats the general idea for now Im not certain I can beat this if and when it goes to court best Ive had so far is there pre legal assessment letter saying nothing much.

 

Thanks,

 

Andrew

Share this post


Link to post
Share on other sites

have read of a few relevant claimform threads

 

you'll soon get the idea

 

using our search CAG box of the top redtoolbar use:

 

Lowell claimform mobile

 

or claimform mobile

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

If theyre serious about going to court, youll get a PaP pack with a bunch of stuff to fill in. This gives at least 30 days before they issue a claim, and even then they might not. If you get one of those packs, come here, as they tend to change wording in it from what it should be.


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

:D

Share this post


Link to post
Share on other sites
Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

 

Andrew

 

Its actually clarified and stated in the Unfair Terms in Contracts for Communications and The Consumer Rights Act 2015

 

https://www.ofcom.org.uk/__data/asse...0/guidance.PDF

 

https://www.gov.uk/guidance/unfair-t...ses-full-guide

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Well got SAR running to O2 this morning so will wait to see what this says prior to doing anything else. Thanks everyone for your advice everyone.

Share this post


Link to post
Share on other sites

be aware they have a considerable amount of time to fulfil the SAR request, so the DCA may take action sooner. Its unlikely they will but it is lowell.


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

:D

Share this post


Link to post
Share on other sites

Thanks RenegadeImp I sent off a complaint last night. They emailed back this morning stating account on hold for 4 weeks so hopefully should get SAR back in that timeframe if it turns out I have to pay this off then I should have the finances in place to sort this (got a Gibson Les Paul 67 for sale on eBay)

Share this post


Link to post
Share on other sites

Why would you entertain paying them anything? If lowell have it then theres something wrong with the debt. And even if they file a claim, it doesnt mean theyre going to win, plus you can go to mediation, and come to an arrangement to pay it off slow or at a low F&F. But all thats a fair way off yet.


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

:D

Share this post


Link to post
Share on other sites

I suspect that part of this amount is a handset charge (Samsung Galaxy A5 2017) which I have bank records to prove I paid for the phone when I took the contract if the SAR info states they are claiming for that then I can stop this stone dead the other could be airtime till the end of contract which again I can kill this. I'm just a believer in having a backup plan. Another point being I do not want to risk getting a ccj on my credit record.

Share this post


Link to post
Share on other sites

I wouldn't ever consider paying an supposed phone bill made of till EOC fees

It wont be the handset either


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks DX going to sit on this and see what happens I suspect the amount they are claiming can be countered effectively will know for certain with the SAR Return from O2 since I asked specifically for a breakdown of the amount they claim I owe.

Share this post


Link to post
Share on other sites

well I Have done a bit of digging around my credit files. I have checked Equifax, Experian and Callcredit and Neither Lowell or O2 show on any of the files? I find this a bit strange to say the least.

Share this post


Link to post
Share on other sites

Okay so got another pre legal letter from Lowell I’m not worried. I have reviewed my credit file from all providers and no mention of 02 or Lowell anywhere. Am I right in thinking this would prevent any court action?

Share this post


Link to post
Share on other sites

No...its irrelevant whether its showing on your CRAs or not.....perhaps they simply failed to register a default.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...