lowell claimform - old o2 mobile phone debt

[misterman35]

Name of the Claimant ? Lowell portfolio

 

Date of issue – 21/05/20

 

 

Have till 23rd june?

 

What is the claim for – the reason they have issued the claim?

1)The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on 31/08/2016 and notice was given to the defendant.

4) Despite repeated requests for payment the sum of £212 remains due and outstanding.

and the claimant claims

a) The said sum of £212

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, accruing at a daily rate of £0.047 but limited to one year being £16.98

c) costs

 

What is the total value of the claim? £229

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? no

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no

 

Did you inform the claimant of your change of address? n/a

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? branch

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? pretty sure it does my credit was adversely affected but i cant see my full report

 

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 or collection agency (lowell)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? i dont know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? i have had a couple of letters but have no idea what they said

 

Why did you cease payments? because it was an all inclusive tarrif with no limits then one month they tried to bill for £200 in one month for texts that are unlimited

 

What was the date of your last payment? I dont know im afraid

 

Was there a dispute with the original creditor that remains unresolved? yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

 

i have read another similar thread and assume i take the following action:

• pop up on the MCOL website detailed on the claimform.
• register as an individual
• note the long gateway 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

 

Obviously any help anyone can offer is gratefully received!

[AndyOrch]

Friday 21st June by 4.00pm  ....23rd is a Sunday

[misterman35]

Thanks!  best change the entry in my diary then.....

[misterman35]

Do you think i need to add to the cpr request how they actually came up with that figure i.e. an itemised invoice or does this come later down the line?

[AndyOrch]

CPR 31.14 already requests that...point 5

[misterman35]

It does indeed, thanks for pointing that out!

[MrTRC]

@misterman35 All I can say is that you need to move to Scotland. We have much fairer laws here. This information may not be of much help to you, and I apologise for that, but urge your local politicians to look at this. Afterall, we did do away with 'workhouses' a long time ago. It is about time the England, NI and Wales crept into the future IMHO. 

Bear in mind, that they cannot extract blood from a stone - if you have nothing, they cannot take anything. Do not be scared!

Tom.. Xx

[misterman35]

I received a response from Lowell, it is as follows:

 

we confirm receipt of your letter dated 23rd May 2019.

 

please find enclosed a copy of the Notice of Assignment as requested.  we have requested a copy of the statement from the original creditor and this will be forwarded to you upon receipt.

 

Your debt relates to a former telecommunications matter which is not regulated by the consumer credit act 1974.  This means thatthe original creditor is not required to retain a copy of the agreement and therefore we are unable to request a copy of this document.  a default notice is a formal letter which is sent to a customer when they fail to maintain payments on their credit agreement.  Mobile phones accounts have a service agreement and therefore a default notice will not have been issued as it only applies to credit agreements.

 

We can confirm that we have received your acknowledgement of service.  Pease ensure you respond to the claim as you deem appropritae within the time scales set out by the court.

 

The account remains on hold to allow time for the original creditor to provide us with requeasted documents.  Failure to respond to the claim could result in a county court judgement (CCJ) in default being entered, which would add extra costs to the balance.

 

If you wish to speak with a member of our team please telephone etc.

 

Im guessing I now just need to sit tight and wait to see what else they can or cant produce?

 

Any input on what to do next would be most gratefully received.

 

Thanks in advance

[AndyOrch]

Not too tight......Defence Friday 21st June by 4.00pm

[misterman35]

Hi, thanks for commenting.

 

I suppose I should just hope they can muster something up next week, if they cant/wont then do you think this will prejudice their side of things?  Its not unreasonable what I have asked for and without it is like hearsay that I owe them some money.....

 

also they have registered this debt on my credit reference file and would love to have this removed, im guessing if the case is awarded in my favour I can request this be removed?

 

anyway, thanks again

[dx100uk]

they didn't register the debt

a DCA cant do that

the original company did. Lowell purchased it= name change

 

there are 100's of like mobile claimform threads here with the relevant defence to adapt

use the google search box here

 

mobile claimform

 

 

[misterman35]

Thanks, I will take a look and appreciate the reponse

[misterman35]

Im thinking of phoning O2 myself to get the details of the bill, is this a wise move or should I wait for lowell/o2 to respond?

 

I am conscious that the clock is ticking with a week left to file a defence.

 

Also if I lose and am ordered to pay does this mean I get a CCJ?

[AndyOrch]

Only if you cant pay the full amount within the time limit stated....o2 may divulge or pass it over now its been assigned.

 

Andy

[dx100uk]

yes ofcourse you can phone o2

but as this debt is made of monthly charges till end of contract that you couldn't use as the service was disconnected which Ofcom state are unfair.

it might be better to file our mobile holding/no paperwork defence that outlines all this?

[misterman35]

Hi,

 

thanks for such a quick response, I am very grateful!!!

 

I will go and take a look at mobile holding/no paperwork defence.

 

Just curious, does anyone know if I lose and pay does this mean the default note on my credit file stays but says settled or does it get removed?  I read somewhere that if I were to pay then it stays, but says settled , for another 6 years from the date I settle....

 

anyway, thanks again

[AndyOrch]

Default markers stay for a period of 6 years irrespective of a CCJ or not....a CCJ will show for a further 6 years if not paid on time.

[misterman35]

Ah, ok, thanks.

 

do you know if they start a new 6 year count from the settled date(if it is settled)?

 

And also can the marker be removed if the related case goes in your favour?

[AndyOrch]

No..... default markers have no connection to court claims...irrespective if you win or lose...a default marker must be placed and shown on your files for a period of 6 years as per the ICO and DPA guidelines.

[misterman35]

Ah, ok, so theres no getting rid of it other than sitting it out......

[AndyOrch]

Afraid not...but its not clear when the default was placed..you dont know the date of your last payment or when the marker was placed ?

[misterman35]

I checked my credit reference file and the marker was placed July 2016. 

 

The correspondence from Lowell they sent after my CPR 31.14  request says O2 closed an account on 29/01/16 and lowell took over the debt 31/08/16.

 

i still havent seen the statement from O2 on how they concocted the figure they claim I owe.

[AndyOrch]

Then o2 placed the marker as the original creditor and it has 3 further years to show before it will drop off.

 

Claimants do not disclose their evidence until after you have submitted a defence...and the claim has  been allocated to your local court for hearing.

[misterman35]

Ah, ok, thanks.

 

I was waiting for them to send me a statement as they said they have requested a copy from O2 and would forward it to me upon receipt.

 

I am still tempted to call o2 and request a copy myself, I was on a monthly recurring agreement with unlimited calls etc. so have no idea how the cost could possibly spiral to £200+  I am guessing this would form a big part of my defence....

 

 

[AndyOrch]

They say that in every claim...its a template response...you wont get anything before your defence is due...so the more groundwork you do now the more chance your defence will be accurate.Its always advisable to submit a holding defence that puts the claimant to strict proof of disclosure as an initial defence.Then as the case unfolds you will be given more information the claimant relies upon...if they have it...or if it proceeds that far.

 

On mobile claims they dont normally expect a defence and hope for a default judgment...so normally run for the hills when they have to back their claim up with the corresponding documents.