Lowell claimform - old O2 mobile debt *** Claim Discontinued***

[dx100uk]

who says you've got to pay anything?

it's not even been allocated yet to a court

 

[AndyOrch]

2 hours ago, Escaped said:

so what do you suggest i do, if they do not have evidence of  account, assignment and other docs, then why should i pay.  you advised me to wait for the court to contact me, after that then what is the next step? 

 

 

Well if you were to read the 100s of threads surrounding yours and the 1000s in the Legal Success Forum you will see the process and how it works.

 

But here's an abridged version so you dont have to do any self research.

 

Claim Form issued

Defence submitted

Claimant informs court they wish to proceed 

Direction Questionnaire N180 sent out

Direction Questionnaire N180 submitted and served.

Court serves Notice of proposed allocation to small claim track N149 with offer of mediation ..if mediation fails or does not happen move to next

Court served Notice of Allocation with the courts directions (Disclosure of Documents and Witness statements) on preparation for trial with hearing date (N157) 

Hearing takes place. 

 

[Escaped]

I have received the form questionnaire to mediate, do I agree to this?

I finally got a response back from BT and they are looking for my documents and the account. ,maybe I hear from them soon.

[dx100uk]

not been reading up then as advised?

 

 

 

[Escaped]

Of course i have. I asked about mediation because i have to fill out the form. i did not receive your guidance  on whether i agree to mediation or not. 

[AndyOrch]

5 hours ago, Escaped said:

I have received the form questionnaire to mediate, do I agree to this?

I finally got a response back from BT and they are looking for my documents and the account. ,maybe I hear from them soon.

 

The court expects both parties to participate and try to mediate without court...but even if you tick yes.....it most probably wont happen because you dont have any relevant paperwork at this stage.

[dx100uk]

unless an sb'd defence is filed, just about every claimform thread advises to agree to mediation and shows how to fill out the n180..

 

yes to mediation

1 wit you

 

the rest is obv

 

3 copies

1 to the court

1 to their sols [lowells in this case] minus phone/email/sig]

1 for your file

 

[Escaped]

Thank you much appreciated! Have a good day

 

[Escaped]

response from Lowell: please advise next steps.

Tomlin order attached. 

 

The Equifax shows that the account was in default as of April 2016.

They cannot provide me with any other supporting docs.

I have not received  the SAR back from BT. 

the credit report also shows my birthday is 10 yrs younger ( I wish!)

Account was closed in Oct 2016.

Equifax shows DUU and nothing more.

if I settle this, what should I ask for, a settled status, or satisfied?

 

Lowell Writes:

the current debt relates to a former 02 (UK) Ltd account, with our reference number xxxxxxxx and former 02 account number xxxxxxxx.

The agreement was taken out on or around the 23 September 2015 and related to a mobile telephone number xxxxxxx.

 

We note the contents of your Defence.

You state that you deny that you are indebted to our Client.

You state that our Particulars of claim are vague and generic in nature.

We hereby confirm that the Particulars of claim provide sufficient information to enable you to properly assess your position with regards to the claim and are fully compliant with Part 16.4 of CPR.

The Particulars of claim include a precise statement of the facts on which our Client relies upon.

 

We note your request for a copy of the Agreement.

Please note, as this is a former telecommunications account which is not regulated by the Consumer Credit Act 1974, there is no legislative requirement to the original creditor 02 (UK) Ltd to retain a copy of the Agreement.

Our Client has also no access to any copy of it as this was not provided by the original creditor to our Client.

 

You claim you did not receive repeated requests for payment, please find enclosed reconstituted copies of letters in attempts to contact you. The letters which were sent to you contained all the necessary information in relation to our client's contact details.

 

We note that you state that you have not received a Notice of Assignment and claim our client has sold this debt to BPO Collections on 5 April 2019. Please find attached a reconstituted copy of the Notice of Assignment.

 

You have been informed that the debt was legally assigned to our Client Lowell Portfolio I Ltd and all further payments should be made directly to our Client.

This debt was assigned to our Client Lowell Portfolio I Ltd on 31 October 2016.

 

We note your request for the Default Notice.

A Default Notice is a technical document, which is required under the provisions of the Consumer Credit Act 1974.

The outstanding debt relates to a former telecommunications account which is not regulated by the Consumer Credit Act 1974.

As such, no Default Notice is required to be served on you.

 

Should a customer fail to repay their mobile phone bill, then they have breached their service agreement and would be issued with a suspension notice, following which the service would be disconnected.

 

Please find enclosed a list of transactions which have been provided by the original creditor 02 (UK) Ltd as per your request, showing how the original balance was accrued.

 

We also confirm receipt of your letter dated 19 August 2019 with a request for documents pursuant CPR 31.14 which we believe was addressed in this letter.

 

We have now received the following information from the original creditor 02 (UK) Ltd:

• The last successful payment made was on 6 April 2016 in the sum of £201.63 via credit card.

• The contract was taken out from a retail shop on 23 September 2015.

• The email address used was xxxxxxx which is the email you confirmed on your Defence to be.

• The contact number used for the order was xxxxx which is the contact number confirmed on your Defence to be.

• The bank details registered on the account are as follows: bank account name: Ms A, bank account

Number: **** 2293 and bank sort code: **-*5-80.

 

We confirm that the current balance of £430.61 is made up of the following:

the original balance of £320.01 when the debt was legally assigned to our Client, interest of £25.60 added when the claim was issued, costs of £50.00 and fees of £35.00.

 

Our client is keen to resolve this matter without further legal action, which would involve further costs and fees added to the balance.

 

We would invite you to make any reasonable settlement proposal should you wish to resolve this matter outside of the court.

Please contact our offices within 14 days from the date of this letter should you wish to put forward a settlement proposal.

 

Alternatively, our client has instructed us to offer you a Tomlin Order for the original balance of £320.01.

A Tomlin Order is an agreement between the parties to an instalment amount which can be paid either per week, month or fortnightly.

 

The Tomlin Order will have to be signed by both parties and then sealed by the court to make it binding.

Once sealed, it will place the court proceedings on hold.

 

However, if you default on these payments, a County Court Judgment may be entered against you.

Please note there is a court fee of £100.00 for the Tomlin Order which will be added to the outstanding balance on the account. Please be aware that the total amount payable shall be £420.01 (including costs, fees and interest).

 

Please find enclosed the draft Tomlin Order. If you wish to accept this, please sign, date and return the Tomlin Order within 14 days from the date of this letter.

You can also scan and send it via e-mail to [email protected] if this option is available to you.

 

Should you fail to agree to the above, we reserve the right to produce this letter at any hearing as evidence that costs of attendance could have been avoided.

 

As this is now a litigated matter, you should respond to any court documentation you may receive.

Failure to do so may lead to a County Court Judgment being issued against you.

 

If you need legal advice, you can receive independent legal advice by the Citizens Advice Bureau or a solicitor.

We look forward to hearing from you within 14 days from the date of this letter.

 

Any thoughts are appreciated. KR Escaped.

 

 

[dx100uk]

std begging letter they send on most of their telecom court claims if you go read like Lowell threads

 

safe to ignore

 

dx

 

[dx100uk]

posts moved to your court claim thread 

instead of the credit file default thread you posted on.

[AndyOrch]

I think its more than a begging letter.....its a very good response which is.... well water tight.... and offer of a Tomlin.They have too much detail on you to wing this this through court on lack of paperwork.....I have just run through your thread again and can't  find any detail of why this debt was incurred or of any dispute. ?

 

Unless you can clarify otherwise I would be seriously considering their offer of a Tomlin Order.

 

Andy

[dx100uk]

I notice we don't have a copy of the particulars of claim.

 

can you type it out please here..

 

sorry found it..

 

1. Defendant entered in to an agreement ( no date given) under account  number 4346.

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

3) agreement was later assigned to the claimant and notice given to the defendant.

4) despite repeated request for payment the sum of £320.01 remains due and outstanding.

The claimant claims

a) said sum of £320.01

b) interest pursuant to s69 CC Act of 1984, 8% pa from date of the assignment to the date of issue, accruing at £0.070 limited to 1 yr being £25.60

c) costs.

 

dx

 

[Escaped]

Hello all that is showing on my credit report is u u u d from 2016.

 

What should i ask for it to read if i pay.

 

Settled or satisfied?

 

[dx100uk]

totally removed

[Escaped]

UPDATE.

Got the SAR back from BT.

BT could not find any information to provide me for the account that Lowell has sued me for.  

I have emailed them now to ask again.

 

Next, I got a Tomlin order requesting I agree to  pay the total amount of  £420.01.

 

I wrote to the court that I did not agree to the order.

The case has been transferred to Central London County court for mediation.

 

I have not spoken with or communicated with Lowell about this outside of the court.

 

What do you advise please?

 

[AndyOrch]

Cant offer a Tomlin Order unless a court claim has been issued ?  

[Escaped]

the claim was issued. we have been discussing this for some time. its in this thread. 

[dx100uk]

posts again moved to your court claim thread 

instead of the credit file default thread you posted on.

[Escaped]

Ok now what do you suggest?

 

[Escaped]

ho ho ho anyone got a claim Discontinued by Lowell group for Christmas?

 

You advised me to file a defence and ask for mediation.

I followed your advice.

 

I have been waiting for mediation date when I received this notice:

 

Our client has instructed us to discontinue this claim and therefore we enclose a copy of the notice of discontinuance by way of service upon you.  we have filed the same with at court and have requested that any hearing that may have been  listed is vacated. we confirm that this brings the legal proceedings to an end.

 

I called Lowell and asked what they intend to do about the credit reporting  defaults since 2015.

they advised me that they are waiting on the court to send the signed order of discontinuance back.

 

I stated that since they requested the discontinuance the court would sign the order.

there should be no reason for the delay to finalise the remainder of the issues between us. 

 

can you advise me what I can do to get the tradeline removed?

maybe Lowell did not have any documents to support its claims???

[fkofilee]

Congrats!!!  - They have every right to report on your CRA if they own the debt.

Just because they discontinue it means nothing to the debt on your CRA.

[Escaped]

do you have any suggestions how I get them to remove the trade line?

[fkofilee]

Tradeline? 

[dx100uk]

only you and the owner can see the calendar section..forget about that.

 

what is the status of the debt in its summary?

is it defaulted ?

should have been by the OC on or before sale.

 

dx