Lowell - BT - have they written it off ?

[Quasar911]

Hi All,

Been fighting this one since 2015 - long story cut short - i asked BT to change account name from me to ex - or close account and put owed on new account in exs name -
They never did :

Lowell chased and chased and chased - i complained and complained and complained,

Today i get this :


I write further to our email dated 10 April 2018. Thank you for
> getting in touch to raise your concerns and for your patience while
> your complaint has been investigated.
>
>
> My understanding of your complaint
>
> 1. You are unhappy, because we contacted you in relation to an
> account. You state the above account was transferred into your ex
> partners name.
>
> Decision
> After a thorough investigation of your concerns I am unable to uphold
> your complaint for the following reasons.
>
> Findings
>
> 1. I have investigated your concerns with BT. Lowell purchased the
> account in good faith, on the understanding there were no outstanding
> disputes or concerns. When you raised your queries we referred these
> to BT. I have included their response below:
>
>
>
> · The account is in the customer’s name.
>
> · There was no change of address or name on the account.
>
> · There was third party authority given to a Mrs ex gfs name was here
>
> · There is no evidence to support the customers claims, the
> last contact BT had with the customer was 03/09/2014 and customer was
> validated by name and account number.
>
> · The customer called to enquire about the debt and was
> advised of the outstanding amount.
>
>
> Based on this information I am unable to uphold your complaint as the
> balance is due and owing.
>
>
>
> Conclusion
>
>
>
> Notwithstanding my decision please accept my apology for any
> inconvenience caused.
>
>
>
> Moving forward: I have made the decision to close the above account
> in an effort to reach an amicable resolution to your complaint. The
> account is now closed with a balance of £0.00, as we have received no
> evidence the balance or default are not valid, the associated default
> will remain on your credit file for a period of six years from 28
> June 2015 when BT applied the default. If you have evidence or
> information to confirm the account is not yours, we are happy to
> discuss the matter further with you.
>
>


Does this actually mean they ( lowell ) have written it off and closed it ?

( ps , there is no default on my credit file )

If. they have written it off, perseverance pays and i have won.

( was for £300 )

[Quasar911]

Anyone to confirm

[R0b]

Hello

the words "written off" does not always means that the creditor (or any debt purchaser) cannot chase you for the alleged debt. It all depends on the context in which those words, or similar words were used.

From looking at the above chain of correspondence, it would appear that Lowell have indeed decided to close their account down and effectively 'write off' the debt balance.

If Lowell decided to pursue you in the future for this debt or decided to sell the debt on to a third party who in turn pursues you, then you may have be able to assert a defence known as estoppel by representation. It is an equitable defence meaning that, you are asking the court to stop Lowell or any third party creditor from asserting their rights because it is contrary to the representations previously made by Lowell i.e. they agreed to close the account down and remove any outstanding balance so it would be unjust or unfair for them to go back on their word.

On a side note, have you tried to send BT a subject access request and see what comes up? At the moment you have to pay a £10 fee but if you hold off until after 25 May, the subject access request will be free of charge.

[Quasar911]

Hi Rob

Thanks for the update,. i guessed they have closed it, as it has probably cost them more than what they have paid for the debt, as its been going on since 2014. and i refused to back down, simply because BT have been very inept in transferring/closing the account.