30 Days to avoid CCJ

[Marcus846]

Hi,

I have received a letter from Overdale Solicitors saying I have 30 days to avoid a CCJ. It’s from Lowell and the original debt is from BT for £591.09.

Date of letter is 23rd February only received it two days ago.

Do I send a SOA to BT and to Lowell?

Sorry I have read the guide’s but have learning issues and I’m a little confused.

Any help would be greatly appreciated.

Thanks
Mark

[Marcus846]

Do I also fill in the reply form and ask for CCA?

Thanks

[jaguarsuk]

Do I also fill in the reply form and ask for CCA?

Thanks

Well BT is unlikely to be a loan, so no.

You fill in the reply form saying you don't recognise it (box D) and then is Box I you ask for a 'copy of the contract you entered into with BT and copy of the Notice of Assignment pursuant to section 136 of The Law of Property Act 1925.'

They'll probably write back with some BS about not having to provide a Credit Agreement because the debt isn't for credit.

You'll then write back advising them that you haven't asked for a credit agreement and then reiterate that if they allege that you have entered into contract with BT, for any court to be able to rule on the validity of it, the court must know the terms of the agreement at the time of entering into it to understand the rights of the parties to terminate it and/or any amounts that may be due upon doing so.

Plus that as their client is not the party with whom you allegedly entered into contract with and you do not recall BT serving you with a Notice of Assignment, therefore you require a copy of the Notice of Assignment to understand whether their client is even legally entitled to bring a claim against you as is threatened.

[Marcus846]

Thank you, I have done that and sent it back to the solicitor’s.

I will post an update when I hear back from them.

Thanks again I’m very grateful for your help.

[jaguarsuk]

Thank you, I have done that and sent it back to the solicitor’s.

I will post an update when I hear back from them.

Thanks again I’m very grateful for your help.

To add to my previous post if they send you a Notice of Assignment from their client, that isn't compliant with s.136 of The Law of Property Act 1925. You won't be telling them that at this time.

I also forgot that you should send a Subject Access Request Letter to BT and ask them for all the data they hold on you, including the terms as you entered into them at the time of opening your account with them and any Notices of Assignment they have sent to you. Ask them that if they are unable to provide either of the specifics that they confirm this in their letter when they send you disclosure. Just in case the claimant decides to 'find' something that BT don't have.

This is free and will tell us that if their client doesn't have the documents they need, whether they will be able to get them.

[Marcus846]

I’ve done that, thank you

[Marcus846]

Hi,

Overdale Solicitor's have written back to me. They have sent the the Notice of Assignment and Statement.

They have put that as BT is a telecommunications account it’s not regulated under the Consumer credit act 1974, the original creditor is not obliged to provide me with a copy of the agreement( I think that’s what you said they’d say and that I need to ask to the see the copy of the agreement?)

This is all addressed to me using me middle name that I don’t use ever on credit or any utilities I’ve used.

I have another 30 days to tell them what I intend to do regarding the account.

What shall I write back to them?

Many thanks
Mark

[jaguarsuk]

Hi,

Overdale Solicitor's have written back to me. They have sent the the Notice of Assignment and Statement.

They have put that as BT is a telecommunications account it’s not regulated under the Consumer credit act 1974, the original creditor is not obliged to provide me with a copy of the agreement( I think that’s what you said they’d say and that I need to ask to the see the copy of the agreement?)

This is all addressed to me using me middle name that I don’t use ever on credit or any utilities I’ve used.

I have another 30 days to tell them what I intend to do regarding the account.

What shall I write back to them?

Many thanks
Mark

This is good, if they had it and thought they could get it they would have either sent it you or told you they would come back to you once they had it.

They are hoping that by saying it wasn't credit therefore they don't have to provide a credit agreement that they will confuse you, you'll accept what they say at face value and then pay up.

As I said in post #3:

You'll then write back advising them that you haven't asked for a credit agreement and then reiterate that if they allege that you have entered into contract with BT, for any court to be able to rule on the validity of it, the court must know the terms of the agreement at the time of entering into it to understand the rights of the parties to terminate it and/or any amounts that may be due upon doing so.

And, as you do not remember entering into contract with BT you intend to do nothing until they have proven that you entered into contract and evidenced what the terms of it are to enable you to properly asses your legal position.

Also, is the Notice of Assignment from BT or the Claimant?

Answer this and await my response before writing back to them.

[Marcus846]

Great, thanks, The Notice of Assignment is from Lowell. They have sent a last bill with my middle name and address and saying I owe £330 and £250 early termination fee.

I’ll wait for your reply

Thanks
Mark

[jaguarsuk]

Okay, also in the letter tell them that the Notice of Assignment is not compliant with the Law of Property Act 1925 s.136 and that you still require them to prove that a NoA was served by BT as you do not recall receiving one.

You can write to them now.

End the letter with:

It is not my intention to engage in litigation by correspondence and I therefore request that until such time you or your client are able to provide the terms of the alleged contract as well as a compliant Notice of Assignment I give you notice pursuant to the Protection from Harassment Act 1997 to cease all communications with me in this matter.

I refer you to the case of Ferguson v British Gas 2009.

This is a legally worded way of saying unless you can come up with the goods sling your hook.

It seems like they have nothing, so they'll probably try to waffle, but we'll see what the SAR produces and what their response to this next letter is.

[Marcus846]

Thank you so much, I’ll write to them tomorrow and let you know what they come back with.

Many thanks
Mark

[Marcus846]

Hi,

Just a quick update, BT have wrote back to me and said that they hold no data on me. My account was closed in 2015 and they have said everything that they had on me has been deleted.

I take it this is good news?

[jaguarsuk]

Hi,

Just a quick update, BT have wrote back to me and said that they hold no data on me. My account was closed in 2015 and they have said everything that they had on me has been deleted.

I take it this is good news?

Very good news, that means if lowell do not have a copy of the terms they cannot get them nor can they get a copy of the Notice of Assignment to prove they have the right to bring a claim.

Wait for their reply, assuming they do not have the terms or BT's NoA just tell them to either go away as they can't even evidence they have the right to bring a claim let alone what the terms of the alleged agreement were.

[Marcus846]

Ok, thanks. I’ll await their reply and update soon.

[Marcus846]

Hi,

Overdales have responded with this: