Your views and questions.

Moderators: TalbotWoods, JaneClack

By Dollymix01
#471933 It's regarding an O2 debt of 1200. I was getting letters from lowell so I wrote to them in May requesting details of the debt and got back a very vague and unhelpful transactions list which didn't give me much information about the debt.Now reading some threads about this brain carter company I'm very worried that I'm going to end up with a ccj obviously this is the last thing I want and I'm quite scared and unsure of what to do right now. Do I ring them or write to them or should I try to get in touch with lowell who have passed this onto brian carter.?

Tia.
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By TalbotWoods
#471934 Hi Tia and Welcome

First things first don't worry and certainly don't be scared (yes I know it is natural) but we will help you deal with this, but before we can help could you answer a few of questions please.

:?: Is the debt yours?

:?: If it is yours, when was the last time you paid anything towards it and when was the last time you acknowledged (said it was yours) in writing?

:?: What information did you ask for back in May?

If Brian Carter has the debt, then they are considering the possibility of legal action, so you do need to address this with BOTH Lowells and Brian Carter.

You say that Brian Carters have been instructed by Lowells to deal with it, have Brian Carters written to you, if they did have they suggested they may look at going to court.

Tim
By Dollymix01
#471935 No the debt is is my name but an ex of mine used my details to get a mobile contract in my name, so I've never made a payment myself. But from what I can gather from a couple of emails I received in an old email account is that only about 2 payments were made £72 25/10/11 and the recipient has his name on it and then one for £68 28/7/11 and it's has a girls name on it and then that's it.

I wrote to lowell to request a cca but they said a mobile phone contract doesn't need a cca so they just sent me a statement of some payments And the balance and the demand for the money. Tbh I thought they would just end up leaving me alone.

So I'm not sure what to do from here.
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By TalbotWoods
#471936 OK the bad news is that as this debt is in your name, no matter who used the phone, the debt is yours. Accordingly they can pursue this debt from you and you alone. Any other agreement you had with your ex is yours, and not O2s, as it was you who signed the agreement (either in person or on line).

Do you have proof that you didn't make the agreement with O2 yourself, and before you bite at me that is exact;y what Lowell and the court will need you to prove! If you do have proof then you may well have a leg to stand on

Form what you have said the debt is yours, it is not statute barred and yes Lowell are correct the normal CCA rules do not apply here, as such.

At this stage the odds are stacked against you so you are going to have to deal with Lowells and potentially agree a repayment plan. If you have not already done so please contact one of the organisations listed below, who provide free and confidential advice, they can help you set up a repayment plan that Lowells may agree to.

What action you now need to take will depend on if Carters have written to you or not at this stage, if they have then we can suggest a letter you can send that may help prevent immediate court action.

Tim

The Money Advice Service: Free & impartial money advice, set up by government that aims to signpost you to appropriate organisations that may be able to help you. You can contact them on 0300 500 5000

PayPlan: Is a national organisation with approaching 20 years of experience in dealing with all kinds of financial situations, no matter how bad they are.
Their advice and help starts with a simple phone call to 0800 280 2816

NDL: Is an organisation that advises you on solutions that are available to you, you can contact them on 0808 808 4000

StepChange (formerly CCCS) Is an organisation that advises you on available solutions with your financial problems. You can contact them on 0800 138 1111