Lowell Claimform - Disputed o2 debt ***Claim Discontinued***

[Juno50]

Hi all 

 

Long story short,

I am South African living in the UK for the past 6 years.

 

Roughly 4 years ago, I went to Thailand for a 3 month holiday.

That was cut short due to O2 taking money out my account including clearing out my overdraft, roughly £2200.

 

At the time I had no idea it was O2.

I thought I had been robbed.

 

Any way turns out, there is a overseas tariff for using your contract overseas?!

I never knew about this, nor was I told or sent any updates regarding my usage in Thailand.

 

The total bill they say was £8000 and some change!!!!!

I cancelled my contract, with immediate affect and said I was not going to pay this.

They then sold the debt to Lowell's.

 

I have asked for a CCA, unfortunately I did it by email!

Not sure it's still valid if it's done by email?

 

I got a response saying, they received my email but unfortunately they need me to send my name address etc.

Which I refused as worried it would make me look like I acknowledged the debt!

 

Since then I have heard nothing, until today.

 

I got a letter of pre legal assessment.

 

Now the question/questions are.

What do I do?

Do I send a written letter requesting the CCA again or do I not?

 

Worried if I ask again then this will give them more time to acquire the CCA request.

 

I need this out of my life, as I am wanting to buy a business next year.

I am worried as it's reflecting on my credit score.

This has been a nightmare.

 

Any help would be greatly appreciated. 

[dx100uk]

 

Thread title amended

 

ah the old lowells pre school letter

did they use the red crayon too?

 

you cant CCA a mobile debt

its not credit so not regulated by the consumer credit act.

 

cant be far off being 6yrs old surely now?

what date is the default on your credit file?

have you moved from the address you took this out at?

 

[Juno50]

Hi thanks for the response. I would say it's either 1-3 years away. How can I check? I have moved yes, but as always they find you! 

 

Ow and they used the green crayon this time! Hahaha

 

Any thoughts on what to do ?

[fkofilee]

How much are Lowell Chasing for? 

If they are chasing the full 8k - Then they will have a VERY HARD time justifying that. 

 

Rules changed relating roaming charges and bill shock etc

Oh Lowell - Me thinks you iz rubin ur hnds wiv glee... But in reality - It should be easy to defend. 

[Juno50]

They are chasing me for £4915, as O2 had taken my money plus over draft 

 

It's destroying my credit score

. I am needing a bank loan, against a business I am wanting to purchase next year.

 

I need this cleared, O2 where doing this to me. 

[dx100uk]

What is the date of default?

Please dont swear

[Juno50]

Sorry thought it blocked it out. I am not exactly sure. How can I find out ?

[dx100uk]

Get your credit file?

[fkofilee]

Is that 4915 with or without court fees... Wonder if Lowell will try bankruptcy 

[Juno50]

Does not say with or without. The better not 

[Juno50]

Ok it worked 

lowell pre legal letter.pdf

[dx100uk]

you said in a post above it is ruining your credit file

if you don't know how to get your credit file

how do you know its ruining it??

[Juno50]

I used credit wise, on there it doesn't show it. But before noddle changed over, you could see it there. But there was never a date of default. 

[dx100uk]

so full circle then

how is this destroying your credit file then?

 

are lowells aware of your correct and current address

have you written [not email ever!!] to them from it?

 

[Juno50]

As its appearing on my short term loans on my credit score.

They are aware of my place of work, as they send the letters there.

Not sure how they got my work address.

 

They also know my email as they sent me emails before I sent CCA request.

Obviously I know now that you can't CCA on a phone bill 

[dx100uk]

a mobile account is not a loan.

the account would have been defaulted before sale

 

I didn't ask about works or email

I asked about your current correct address

if you in writing have not informed them of your correct address [if its now different from the address the account was taken out at]

then you risk a backdoor CCJ filed there which you will know nowt about.

so did you inc your address on the CCA email? it doesn't look like it

 

how do you know this what is effecting your credit file if you cant find it?

 

 

 

 

 

 

[Juno50]

Hi there.

no I have not informed them of my current address.

But they are sending me letters to my current address, so they clearly know about it.

 

I know it's affecting my credit file as I have seen it in the past credit check.

 

How can I stop the ccj?

Will they even go that far to do it? 

 

Is there anything I can do?

Or is paying the debt my only option at this point ?

 

Should I wait it out and see if I get a letter of claim?

Then act or am I screwed? 

 

Can they force a ccj if I move house? 

 

Any help would much appreciated at this point 

[dx100uk]

well you must write to them and get your current address clearly recognised as the one to send things too

Assuming just because they are writing to you their now, is not good enough

they'd be quite legally allowed to use your last address for a claimform and will.

unless you tell them otherwise.

that's what these recent phishing letters are about.

 

see if you respond if not, they'll go for an easy win backdoor CCJ.

 

pers I think i'd BRIEFLY write a letter headed formal complaint 

don't go into detail but outline the o2 debt is in serious dispute as its is solely down to data roaming charges in a foreign country that you did not authorise .

 

now 4yrs is pushing it but im wondering HOW o2 got ahold of such a large sum from your account and by what means

did you have a direct debt set up to them?

if so they and your bank might well have treated you unfairly here and their might be some recourse to be had.

 

 

 

 

[Juno50]

Thanks again for the help.

I will write to them then.

 

Yes it was a direct debit setup.

I had a taken a two year contract.

The only reason I left it 4 years is because I never received any letters from O2, regarding the debt or anything.

They never once tried to make contact again regarding the matter.

 

How could I get to look into it?

It definitely was injustice.

Plus they emptied my overdraft facility,

I had to borrow money from my mom to float me through a couple months.

I am happy to fight this anyway possible 

 

At the time I had asked the bank and they said there was nothing they could do.

when I spoke to 02 they said sorry rules are rules.

They would not budge.

 

After that I heard nothing until end of last year.

I think was due to me getting a credit card, think thats how they found my address.

But I never received anything at my old address for 3 and half years living there 

 

Is there any place I can go for free.

I don't earn money but obviously I want to sort this out.

[dx100uk]

what do you mean for free.??

 

its difficult to piece together what happened and have for want of another word let this happen when you shouldn't of done there and then.

 

so this money o2 got....

was it a running DD each month over many months that amounted to the £1000's

or the bank just allowed them to take £1000's of pounds out in one go [which they shouldn't allow]

for you initial post it appears a lump sum over 3mths?

 

it might pay you to

sar your bank

and 

sar o2

and get all the facts.

 

a DD is usually set up for a small monthly sum

it cannot be used to take £1000's in one go, that's against the DD guarantee 

and you bank should have prevented them taking the sum

 

 

 

 

[Juno50]

My bank let them take it all in one go! I have my bank statements from when it happened. O2 is on the statement. I think the DD was around £20 a month. I had opened a two year contract with them. 

I asked Lowell's for my address they have and this there response 

 

 

Good morning,

 

Thanks for your email.

 

We will be able to action any requests and assist you further once the security checks have been complete.

 

Under data protection legislation we’re unable to disclose information, or carry out requests, until we’ve confirmed we’re dealing with our customer. This is to protect the confidentiality of any personal information we hold for you.

 

If you want to discuss your account by email, please confirm the following:

 

• Your current address, including your postcode.

• Your date of birth.

 

If you don’t want to do this by email, you can confirm your email address by registering on our secure customer website at www.lowell.co.uk or by calling our team on 0333 556 5733.

 

Kind regards,   Sobiya

Lowell Financial, part of Lowell

T: 0333 556 5733

Email: [email protected]

Opening Times: Monday - Friday 08:00 to 20:00, Saturday 08:00 to 14:00

Should I give them those details or not? 

 

Should I give them those details or not? 

Is the a person/company I could use to fight this for me? As I don't know all the rules etc 

[dx100uk]

as ive already said you need to WRITE stop using email.

 

as for the bank

you need to open up a complaint with them

a DD CANNOT be used to take £1000's

 

go get that money back under the DD guarantee scheme.

[Juno50]

Will do thanks again.  Does the DD guarantee scheme still apply even after so many years? 

[dx100uk]

I've not heard of a limit ..other than the overall 6yrs limitations act

 

[Juno50]

Ok awesome I'll be calling my bank! Hopefully I get that money back!