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    • Tag82
    • By Tag82 12th Apr 18, 6:15 PM
    • 4Posts
    • 0Thanks
    Tag82
    Lowell notice of allocation to small claims track.
    • #1
    • 12th Apr 18, 6:15 PM
    Lowell notice of allocation to small claims track. 12th Apr 18 at 6:15 PM
    Hi

    I'm looking for some advice on Lowell taking me to court over a 02 Phone bill.

    I recently received a claims form for a O2 service agreement and device plan for 1300 from 2014 The claimant being Lowell Solicitors. I never paid and canceled the contract then returned the device/phone because 02 broke the service agreement by putting me on a different plan than we both agreed to in the contract, I disputed the whole amount and submitted the above as my defence online.

    I feel like I've made a mistake by doing this? and have received a notice of proposed allocation to the small claims track asking for mediation/settlement! I honestly don't know where to go next with this issue? I don't want to pay this and can't afford to if I lose, as I'm disabled and I have a low income. I'm hoping someone on the forum can give me some much needed advice on what my next move should be? And if I lose will I need to pay this in one payment?

    Thanks in Advance

    Tag.
Page 1
    • fatbelly
    • By fatbelly 12th Apr 18, 8:49 PM
    • 12,163 Posts
    • 9,199 Thanks
    fatbelly
    • #2
    • 12th Apr 18, 8:49 PM
    • #2
    • 12th Apr 18, 8:49 PM
    You've put in a defence and there may have to be a hearing where a judge will decide whether you owe the money or not.

    You do not have to agree to mediation.

    If it gets decided against you the judge can order the sum to be paid in instalments. You can also apply to change (vary) an order later . There would normally be a fee but if you are on a means tested benefits you would not have to pay for this
    • Tag82
    • By Tag82 12th Apr 18, 9:43 PM
    • 4 Posts
    • 0 Thanks
    Tag82
    • #3
    • 12th Apr 18, 9:43 PM
    • #3
    • 12th Apr 18, 9:43 PM
    Ok, with me not having any documentation to back up my defence I'm guessing I'll most likely lose or do Lowell need to prove the service agreement wasn't broken by O2?

    Should I inform the court that I'm on a means tested benefit for my disability before a decision is made?

    Apologies for the questions but I'm genuinely scared of the outcome and appreciate your help.
    • sourcrates
    • By sourcrates 12th Apr 18, 10:40 PM
    • 13,748 Posts
    • 13,075 Thanks
    sourcrates
    • #4
    • 12th Apr 18, 10:40 PM
    • #4
    • 12th Apr 18, 10:40 PM
    Chances are you will be liable for this, as what you consider by 02 to be a reason for breaking the service agreement does not release you from your contract.

    The court will not set a repayment you cannot afford, as long as you make them aware of your income.

    Even if they did you can apply to vary the payment as Fatbelly suggested.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Tag82
    • By Tag82 12th Apr 18, 11:03 PM
    • 4 Posts
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    Tag82
    • #5
    • 12th Apr 18, 11:03 PM
    • #5
    • 12th Apr 18, 11:03 PM
    The reason I canceled the contract was because o2 charged* me for all text messages sent when the contract was for free unlimited text messages. I did call and discuss this with them and ended the contract for the above reasons, I also gave them the Device/Phone back which Lowell are claiming for! I only had the contract for a month yet they are charging me for the full time period of the contract. O2 are my current provider as well! They seem to think I owe them nothing!
    Last edited by Tag82; 12-04-2018 at 11:04 PM. Reason: Spelling
    • sourcrates
    • By sourcrates 12th Apr 18, 11:23 PM
    • 13,748 Posts
    • 13,075 Thanks
    sourcrates
    • #6
    • 12th Apr 18, 11:23 PM
    • #6
    • 12th Apr 18, 11:23 PM
    O2 are my current provider as well! They seem to think I owe them nothing!
    Originally posted by Tag82
    Can you get that in writing from them ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Tag82
    • By Tag82 12th Apr 18, 11:47 PM
    • 4 Posts
    • 0 Thanks
    Tag82
    • #7
    • 12th Apr 18, 11:47 PM
    • #7
    • 12th Apr 18, 11:47 PM
    I'm not sure, I mean I can prove they are my current provider but getting them to put something in writing won't be easy I'm guessing, I will call them tomorrow. But I don't even know how to submit any further details to the courts or where to go from here. I see my clinical nurse practitioner on Tuesday and I'm hoping they can help in some way because I really struggle with these types of situations.
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