O2/Lowell Financial/Philips

Peaches09

Can someone help please (I'll try and keep this brief!)

I had an O2 phone contract through phones 4 u in 2003 with no problems At the end of the 12 month contract I renewed direct with O2, and the problems started! They failed to provide me with the contract I agreed to - they omitted text bundles and after my 100 'loyalty' texts I was charged (I send over 1000 texts a month). The first month after my £200 phone bill I contacted o2 who apologised and said they would credit the following month and add the text bundles taking me to 1600 a month. The following month the credits appeared but the bundles were wrong and I had to call again. This went on for 5 months and after phone bills of £150-£220 and incorrect bundles and wrong credits or none at all I emailed head office as constant bills this high were becomming a strain. I was assured by email that in Jan 2005 my bill would be correct. It wasn't. I emailed back stating under their terms and conditions if any dispute was not solved within 7 days I had the right to cancel with no charge, and my account was cancelled. I received no further correspondance from o2.

Fast forward to New Years Eve last year and I recieved a letter stating I owed £46.09 from a company called Lowell Financial. After calling them they said it was from an unpaid bill from O2. I disputed and they said they would look into it with o2. Last week I received a letter from Philips baliffs saying they would commence recovery procedures. I called and said I had disputed and did not owe this money to them, Lowell or O2, if anything they owe me for the failed credits!

Lowell sent the original letter to my partners address where I havent lived since July last year, so I gave them the correct address, but they still continue to send them to my partners!

I looked at my credit rating and in Feb 2005 there is an unpaid mark on my account but the following month it is settled. I contacted o2 and the CSR stated she didn't have records that far back.

Can someone help me with a way forward? I've never been in this situation before.

I don't understand why I never recieved a final bill or red bill from o2 if I did owe this. Why the amount is £46.09 and what it is for and why they didn't take it out my account by direct debit as all previous bills?

If I thought I owed this money i'd hold my hands up and pay but I dispute it and refuse to pay for something they can't tell me what is for!

Sorry - not very brief!

Tixy

Hi

I would be concerned most about Philips baliffs. If they have been instructed to commence recovery then it would imply you have a CCJ for this debt (although at £46 this seems odd!). Are you aware on any such CCJ? Does it appear on your credit file?

DarkConvict

I agree, baliffs are only used if a CCJ has been granted, and for the amount it is very small for it to be granted, but it is possible.

Have you moved addresses in the last few years? CCJ papers could have gone to an old address.

If a CCJ has been made you should be able to find out here - http://www.trustonline.org.uk/

You can carry on disputing the debt, and if a CCJ was made you can have it set aside and dispute it in court.

Peaches09

Thanks for your reply.

First thing I did was check my credit report. I have nothing on my report the only thing i've ever had is one default on my O2 account then the following month an 'S' for settled. I have never defaulted on anything else and i've had 4 mortgages, hire purchase, credit cards etc etc. There hasn't even been any recent searches done on the account except for a search for house insurance I took out!

I have been at the same address for the last 5 years, I moned in with my partner temporarily but all my post was on redirection and my property was rented out. The post from lowell etc is sent to my boyfriends house so I assume they took it from the electoral roll from when I was there (which was 8 months) but i'm registered back at the original address now.

I don't understand why o2 sent no demands and it took 4+ years to send this out!

DarkConvict

They have 6 years to stake a claim against the debt. I would probably go with the prove it letter approach for the time being, as by the sounds of it no CCJ has been granted as you have lived at the address they would have had to register it against - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

Peaches09

Thanks for the advice. Out of interest when is the 6 years from? From the time they 'buy' the debt or from the alleged date I didn't pay?

Also when I called them 2 weeks ago to tell them I'd disputed this with Lowell they told me to call back today. I complained I'd been on hold for 10 minutes on an 0844 number from my mobile and demanded a landline contact. Phoned it early this evening and guess what .... Number unavailable. I'll just try the letter now.

DarkConvict

Statute barred is 6 years from 'your' last payment or 'written' acknowledgement of the debt.
Anything they do, aside from obtaining a CCJ does not affect statute barred.