Lowell Portfolio 1 Ltd Mobile Phone O2 CCJ

Dkhome12

Hi All,

Apologies if this is in the wrong forum,

This is my girlfriend story.

roughly around 2010 my girlfriend cancelled her O2 contract as this had come to the end of the fixed term contract and because we were moving to our new home and there was no signal so she swapped, what we didn't no was O2 were still charging her every month even though she 1. canceled it and 2. they could see there was no activity on the account. we didnt no this until 2013/14 when we went to the bank to sort out some direct debit and to clean old direct debit set up on the account, the lady at the bank sat down with us and went though everything and my girlfriend noticed £35 ish was coming out of the account, we couldnt work out what this could have been, looking deeper it looked as though is was still the O2 contract, we explained to the lady that this has been cancelled, we worked out that she had spent a whopping £678.77 for a cancelled contract.

The lady at the bank said they we should be able to claim this all back and went ahead a proceed this her end. got it cancelled and said they will sort out the refund back to our account, a week or so later we had received the money back.

a few months had passed and my girlfriend received a letter from the phone company saying that she owed £678.77 and that this needed to be paid. so we took a trip to the O2 store and explained the situation and they said we could use the phone in the store to call customer service. on the phone to them for about an hour for them telling us that they could not see any record of the account being cancelled but could confirm they can see that no activity had been made on her number around the time she cancelled it. they said they could only offer us half of the money as refund and that we need to pay the rest back. we explain that we were not paying anything back as they had stollen this money and this is rightfully ours. and that was the end of it.

We did a credit check on both our account last week 11/7 as we were thinking about buying a house, to find out my girlfriend has this debt still in the red default for every month, no contact has been made from them and this is the first we are hearing about it. we then received a letter this morning 18/7/15 from bwlegal starting that we owe this money plus court fees solicitors fees
and intrest totalling to £851.07.

There is also a letter attached which is from Lowell saying that we need to get in contact with them by the 28th to pay the full amount of she will be given a CCJ and this will be stuck on her report for 6 years.

So the reason for this post was really to see what are rights are. what we can do about this and what are the next steps, as I feel we do not owe any money as they fraudulently took this money even though she cancelled the account.

Any suggestions will be grateful.

Thanks

rizla_king

They cant just give a ccj. Even if awarded in court it can be removed from credit files if paid within a month.

If you genuinely think this is not owed then write disputing it saying if they are stupid enough to try court action you will defend it in full. In meantime dispute with O2 saying you will be taking them to the ombudsman/adjudicator.

sourcrates

Hi,

Ok, first off you should of complained formally in writing, things agreed over the phone seldom turn out well.

There is an adjudication service for mobile phone disputes, link here :

http://www.ombudsman-services.org/communications.html

You should write to Lowell and inform them the account is in dispute and to back off.

Dkhome12

Thank you for your reply, we cannot prove this but O2 have proof on their account to show no activity was made on the account on or around the date we cancelled it. I dont want to pay this as we know we are in the right, but I dont want this CCJ to go on her record