** DISCONTINUED ** BT + Lowell vs me Couty court buisness centre claim

[sarsons]

Received a claim? Yes Issue Date:21/February/2018 Have you Acknowledged the Claim?: not yet Total Amount Claimed:£561.39 Claimant’s Name: Lowell portfolio Solicitors Firm: Lowell Solicitors Original Creditor: BT Original Debt (eg. Credit card/Loan/Overdraft) : Telephone and broadband Particulars of Claim: Please type out in full excluding names/account numbers: 1)The defendant entered into an agreement with BT PLC under xxxxx (the agreement) 2)the defendant failed to maintain the required payments and the service was terminated 3) the agreement was latter assigned to the Claimant on 27/03/2017 4) Despite repeated requests for payment, the sum of £444.26 remains due and outstanding and the claimant claims a) the sum of £444.26 b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.097, but limited to one year, being £32.13 c) costs Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): date of default 29/05/2014 so I guess not List any letters you have sent (eg: CCA/ CPR ) none yet Any Other Information or Background Details: Hello, looking at my Noddle account i cannot find this debt with the agreement number, i do remember having a BT account but after talking to them regarding losing my job they agreeed to cancel the account with just a small payment owed, not this £444.26 they claim i have recieved letter prior to this but due to not being able to find the debt i ignored them silly i know but just thought they were after money that wasnt theirs to have any help in getting this sorted would be very great! thanks Sarson

[sarsons]

Received a claim? Yes Issue
Date:21/February/2018
Have you Acknowledged the Claim?: not yet
Total Amount Claimed:£561.39
Claimant’s Name: Lowell portfolio
Solicitors Firm: Lowell Solicitors
Original Creditor: BT
Original Debt (eg. Credit card/Loan/Overdraft) : Telephone and broadband
Particulars of Claim: Please type out in full excluding names/account numbers:
1)The defendant entered into an agreement with BT PLC under xxxxx (the agreement)
2)the defendant failed to maintain the required payments and the service was terminated
3) the agreement was latter assigned to the Claimant on 27/03/2017 4) Despite repeated requests for payment, the sum of £444.26 remains due and outstanding and the claimant claims
a) the sum of £444.26
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.097, but limited to one year, being £32.13
c) costs Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): date of default 29/05/2014 so I guess not

List any letters you have sent (eg: CCA/ CPR ) none yet

Any Other Information or Background Details:

Hello, looking at my Noddle account i cannot find this debt with the agreement number, i do remember having a BT account but after talking to them regarding losing my job they agreeed to cancel the account with just a small payment owed, not this £444.26 they claim i have recieved letter prior to this but due to not being able to find the debt i ignored them silly i know but just thought they were after money that wasnt theirs to have

any help in getting this sorted would be very great! thanks Sarson

[pt2537]

Hi there

First i would contact Lowells solicitors and request a copy of the agreement mentioned in the particulars of claim, of course an agreement doesnt necessarily need to be in writing, but if it is then they should give you a copy.

Also id ask for an agreement under CPR 15.5 for an extension of time for filing your Defence as i doubt Lowells wilhave all the documents to hand. You can agree an extension with them under rule 15.5 for up to an additional 28 days on top of the 28 days you get to file your defence

Do you know how long it has been since you made payment to this account or acknowledged the debt?

[sarsons]

Hi there

First i would contact Lowells solicitors and request a copy of the agreement mentioned in the particulars of claim, of course an agreement doesnt necessarily need to be in writing, but if it is then they should give you a copy.

Also id ask for an agreement under CPR 15.5 for an extension of time for filing your Defence as i doubt Lowells wilhave all the documents to hand. You can agree an extension with them under rule 15.5 for up to an additional 28 days on top of the 28 days you get to file your defence

Do you know how long it has been since you made payment to this account or acknowledged the debt?

Hey,
thanks for your reply, is there a template i could use to request a copy of the agreeement as i dont wanna mess this up, should i do the online form or wait?

erm probably when i paid to end the contract back in 2014 id imagine

thanks

sarson

[sarsons]

Hello,

I have done the AOS as I want to defend the claim but feel that Lowell will drag their heals as I've read countless times on here ive also found the template for asking for the documents in the particulars

how much money do I have to send them it says in the template £1 but others have paid £10? and do I send it both to Lowell solicitors and Lowell Portfolio?

thanks for your help

[sarsons]

anyone?

[sarsons]

I've had no reply from the letter what do I do now??

[jaguarsuk]

Sorry you haven't had an update on this, don't worry you still have five more days to submit a Defence to the claim. You have 28 plus 5 days from the date on the claim form. As you 33rd day falls on Sunday 25/03/2018 you have until 4pm the next business day being this Monday 26th.

Did you send the request to the Solicitor asking for a copy of the agreement?

You shouldn't have sent a fee as you are only required to agree to pay their reasonable costs of copying the document.

The £1 is for a CCA request, but this isn't for credit and that doesn't apply.

The £10 fee is for accessing your data under the data protection act 1998, which would be a good idea to do. The guide for doing that is here: https://legalbeagles.info/library/gu...ccess-request/

Send that to BT with a cheque or postal order requesting all the data they have on you. They have 40 days to comply with the request, so probably won't be useful for the defence and will serve later in you being able to determine whether any agreement that Lowell Solicitors send you is a genuine copy.

[sarsons]

Hello Jaguarsuk,

so the CCA was the wrong letter to send? >.<

ok so how do I go about defending this?

I have looked back and can see a BT account back but that's under a different agreement number... so I don't know how to defend this?

thanks

[jaguarsuk]

Yes the CCA was the wrong letter as you weren't entered into a loan or did you buy any item on finance with them?

The letter to send to the Solicitor is a CPR 31.14 request, use this template and edit the bits of information missing.

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14

On 21/02/2018 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 26/03/2018. The documents I require are:

1. agreement with BT PLC
2. Notice of Assignment
3. Deed of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

Due to the limited time scale please email myself and the court in addition to sending your agreement to the address for service so that the court may be made aware.

Should it be the case that I have to file my defence without being in receipt of these documents, I shall have to ask the court to order upon receipt of all necessary documents and being able to properly assessing my position that they order you pay the cost of amending my defence should I deem it necessary.

I look forward to hearing from you.

Yours sincerely




Your Name

They probably won't send you 2 and 3, but it's worth asking for it and helps with the Defence.

You have left this late, so really need to send it Special Delivery to arrive tomorrow to the address listed for service on the claim form.

Also, as I said yesterday send a Subject Access Request under the Data Protection Act 1998 to BT.

[sarsons]

Brilliant thank you do I need to send any payment with that?

thanks

[jaguarsuk]

Brilliant thank you do I need to send any payment with that?

thanks

No, if they have any costs of copying the agreements they should send you a bill to pay as you have agreed to that in the letter. I wouldn't imagine they will for a bit of photocopying.

If you haven't heard anything from them about an extension on Friday come on here and post to bring this thread to my attention, then we can prepare defence to submit on Monday if they ignore the extension request.

[GBExile]

Is this a BT business deal or is it retail? Confused by that.

[sarsons]

No, if they have any costs of copying the agreements they should send you a bill to pay as you have agreed to that in the letter. I wouldn't imagine they will for a bit of photocopying.

If you haven't heard anything from them about an extension on Friday come on here and post to bring this thread to my attention, then we can prepare defence to submit on Monday if they ignore the extension request.

still no response from Lowell,

if this is to do with my original account with BT it was for home broadband

[jaguarsuk]

If you don't get an email or letter over the weekend you'll need to file a defence. Paste the 1-13 nits into the defence on the Money Claim Online website.

That site can sometimes play up, so before Monday paste all of this into the document attached to this post to replace what's currently in it below the line under "Defence", change all the relevant bits above the Defence heading and have it saved ready to email to ccbcaq@hmcts.gsi.gov.uk

If you have to email it, ring 0300 123 1056 to check they have it.

It has to be submitted before 4pm

1. I received the claim [Claim Number] from the the County Court Business Centre in Northampton on [Date you received the claim]
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a telecommunications agreement with BT Plc.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from BT Plc to Lowell Portfolio on 27/03/2017. The Defendant does not recall receiving notice of this assignment.
7. On the 21/03/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the agreement with BT PLC, Notice of Assignment and Deed of Assignment.
8. Lowell Solicitors has not sent any of these documents to me.
9. In that letter I also asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have have failed to respond at all.
10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________