Lowell Claim Form letter for debt I don't owe...

[ilikecake]

Hi,

For the past year Lowell keeps sending a letter saying I owe BT PLC money even though I've never had a BT phone of any sort. I left it as I thought they were trying their luck but now I've got a claim form through. I've completed the Acknowledgment form and now need to write the letter and I wonder if someone could help me as I'm sure the debt isn't mine.


Received a claim? Yes
Issue Date: 01/06/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £366.17
Claimant’s Name: Lowell Portfolio LTD
Solicitors Firm: : Lowell Solicitors Limited
Original Creditor: BT PLC
Original Debt (eg. Credit card/Loan/Overdraft) : Phone contract
Particulars of Claim: Please type out in full excluding names/account numbers:
1) The Defendant entered into an agreement with BTC PLC under account reference xxxxxxxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the Claimant on 27/03/2017 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £269.60 remains due and outstanding.
And the claimant claims
a) The said sum of £269.60
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, but limited to one year, being £21.57
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No record of debt being owed
List any letters you have sent (eg: CCA/ CPR ): None
Any Other Information or Background Details: Never had contract with BT so not sure what they're talking about.


Any help appreciated with the letter as it's not debt I recognise.

Many thanks,
Henry

[jaguarsuk]

Firstly edit your post to X out the reference number.

4pm on Wednesday 4th July 2018 is the deadline for filing your defence.

At the last letter received you should have disputed the debt

Next you will send a CPR 31.14 Request to the solicitors asking for:

1. "agreement with BTC PLC under account reference XXXXXXXXXX"
2. "notice given to the Defendant" of assignment

Send a Subject Access Request Letter to BT as the original creditor to see what they hold in regards to how this was taken out and on what address.

[ilikecake]

Great, thanks for the help. I never questioned as they have been sending the letters for over a year now and thought they would fade away...


Please could you check the below looks OK as not sure the bit in bold is correct?
Also, I'm not sure what the last green paragraph means and do I need to include anything other than this letter?

Dear Sirs,

Claim Number: xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 05/06/2018I 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 4/7/2018.

1. Agreement with BT PLC under account reference xxxxxxxxx
2. Notice given to the defendantof 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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 05/06/2018.

I look forward to hearing from you.

Yours sincerely

xxxxxxxxxxx

[jaguarsuk]

All looks good.

Just rmember to exchanges the X’s for the claim number and agreement number on your actually letter. Plus make the green paragraph black.

[ilikecake]

Cool, so the above letter is all I send (registered I guess)?

[jaguarsuk]

Cool, so the above letter is all I send (registered I guess)?

Yes to the solicitors.

Send the SAR to BT though, which they may refuse due to being unable to identify you and then you are able to strengthen you position of this not being your debt.

[ilikecake]

Thanks for the help, I'll do that and see how things go...

[ilikecake]

OK I have now had a reply from Lowell:

"
As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. A default notice is a technical document that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a service agreement and not a credit agreement, a default notice does not apply and is therefore not issued.

Blah blah blah.
"


There are a bunch of old letters asking for the money to be paid to Lowell as they have bought the debt from BT PLC then a letter at the back stating more details (which I never received):


"
On 11/2/13 you entered into an agreement with BT PLC to provide you with a BT PLC account. You failed to make payment in accordance with the terms of the agreement adn it was later terminated and subsequently assigned to our Client on 27 March, 2017. Notice of the assignemnt has previously been given to you and you may request a copy of the agreement on the enclosed reply form.

Our Client contacted you to agree an affordable plan and you failed to set up or maintain payments as required.

Blah blah blah.
"


Still no recollection or knowledge of any BT account, have searched emails around that time and nothing. Called BT who couldn't find any information either. Not sure the best route to take now...

Any help appreciated.

[jaguarsuk]

OK I have now had a reply from Lowell:

As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. A default notice is a technical document that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a service agreement and not a credit agreement, a default notice does not apply and is therefore not issued.

Yes they are if they are going to rely upon a contract in a court of law then they had better have a copy of said contract.

[ilikecake]

Is that them admitting they have little evidence?

[jaguarsuk]

Is that them admitting they have little evidence?

Pretty much, but they will try to source the contract from BT.

Start to draft a defence based on what you currently have done using the Example Defence as then you'll have a document to work from should anything turn up.

[ilikecake]

Thanks I'll have a go.

By the way, I have spoken to BT who have NO record of any account number that Lowell have stated. If I mention in my defense that I have no recollection in any of my records, have never had a BT account and BT do not have any recollection, would that be enough?

[MIKE770]

lowell in the past have used their own account Number but when needed point out that the number is for their records and recorded is the purchase No? try not to be clever as a judge would see thru it, get Lowells to give you the BT account No they purchased if they have a valid claim

[Amethyst]

I might also send a SAR to BT to see what they do have on file about you and this alleged agreement. Did you ask BT to look up any account in your name and address/previous address as well as the account number Lowell have given you btw ? ( Lowell often change the account reference for some weird unknown reason so it doesn't always match ) (edit: as Mike just said lol )

Add in to your defence that you have never held a phone contract with BT but also include the CPR request and CCA request details as per the example. They haven't provided you with any evidence at all other than that Lowell have previously sent you some letters about it.

[ilikecake]

I would ask Lowells but when I call they want my DOB which I don't want to give them as I don't want them to have any more information on me. Or shall I just go along with it?

I sent a SAR to BT which they have signed for it but not replied to yet. I have chased them on the phone but they can't divulge info unless the address is correct or the account number. Catch 22...