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Settled : Lowell Court Claim for BT account not in my name

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  • #31

    Okay, if you take out all the issues with your ex and how unfair you feel it is, when it does come down to it you did have a landline with BT. Your husband cancelled it, however you rang and had it reinstated because you wanted to keep the number. That seems to be when they switched it into your name. To avoid the disconnection/reconnection fees you may have agreed to just change the account over to your name rather than start a new account - hence Lowell having the start date of June2011.

    The cost should only be your monthly line rental - as that is the only service you had and you had no other services ( broadband etc ) with it. So that would be around £17 per month. So going from December 2014 ( when it is likely to have switched to your name ) £17 a month up until the Goodbye email in Feb 2016 is 14 months - or about £238. So that's where I think your negotiating position should be.

    Everything else is uncertain, there's no breakdown of the £600 they are claiming, there's likely some reconnection and then disconnection fee in there but y
    ou haven't yet had the SAR from BT which should show everything. And it is up to the Claimant to evidence where the sum claimed has come from, and of course, if there are termination etc fees, produce the terms that allow those charges to be applied.

    That's just the reasonable position if you wanted to negotiate a settlement, either monthly instalment or a lump sum, as that is the amount you could reasonably work out you may actually have been liable for.

    If not you proceed with defending the claim on the lack of evidence side of things and wait to see if the SAR shows up and if the Claimant are able to produce evidence of how the claim has arisen, however in the knowledge that IF they do, you are likely to be required to have to pay the full sum claimed as the no contract argument doesn't seem valid (considering that you did keep the landline after your husband had cancelled it, whether you made use of it or not ).

    So
    1) you dispute there was a contract in your name
    2) you believe it was cancelled in Dec 2014
    3) there's been no breakdown of the amounts provided and no evidence of any amounts being due
    4) BT have not responded yet to your SAR so you only have the information Lowell have provided ( not a lot)
    5) however as a gesture of goodwill to try and bring this to a close you have calculated that IF there had been a continuing agreement, which is denied, with BT, there may be liability for monthly line rental of £17 from Dec 14 to Feb 16 so I feel offering a settlement out of court of £238 is reasonable. Otherwise I will proceed with defending the claim and require evidence of the contract and a full breakdown of the sums claimed.


    You will have a further opportunity to negotiate directly with the claimant once Witness Statements are exchanged and you can see any evidence there is - also you can get in contact with them at any point if BT respond to you SAR and you work out what the position is.

    That's just my thoughts on your position though. I know you feel quite strongly about the account not being yours, but I think when you called them to keep the line that resulted in the contract continuing and changing to your name and that's likely what will show up if anyone ever provides any documentary evidence about the account.

    Mediation is a three way call, so you only talk to the mediator and they pass messages back and forth to the Claimant, so don't be worried about it. If you don't come to any agreement it's absolutely fine and the claim just carries on to directions from your local court
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #32
      Amethyst Good morning.
      I had the telephone mediation on Thursday 20 December.
      The person who called was very nice and gentle on the phone, very understanding and professional. I explained the whole situation and he thought I had a good case to go to court. I expressed my feelings and the stress this whole thing has put me since September, not being able to get on with my life and sleeping with worry, and not being able to relax until a court date has been set etc. I also said that I have asked for advice and that one of them was to offer to pay for line rental for the period since the dispute started January 2015 to February 2016 when I started a contract with EE. After a few back and fro phone calls between myself and Lowell a settlement sum was agreed for £200.00 to be paid in two instalments January 2019 and February 2019. I know that I shouldn’t have to pay anything and the chances of me winning the case are very high but I think that’s a small price to pay for my sanity and health. I don’t think I can cope with the wait and worry and having to prepare for the court.

      Following the mediation I received a copy of the confidential agreement via email. It all looks fine but there’s a paragraph which it is worded in a confusing way and I’m not quite sure what does it mean. I have replied to that email with my concerns and asking for more explanation with regards to that paragraph but I haven’t had a reply back yet. In the email it says that I have 5 days to let them know of any mistakes and I think this is the right time to make sure all it’s fine.
      Please read and ensure that the party details and terms are accurate. If you there are any mistakes in the terms please let me know the details, within 5 days.
      And this is the paragraph I’m not sure about it:
      2. The court will stay the case (i.e. the court will take no further steps in relation to the case) and the claim, defence and any counterclaim will be struck out without further order of the court (meaning that the case will no longer be treated as active) if the court has not heard from either party by 1/8/2037.

      In the agreement paragraph 1 is about the details of sum agreed, payment details etc. Paragraph 2 is as per above, paragraph 3 is about in the event of default by either party (what would happen etc), paragraph 4 is about the confidentiality ( and not asking the mediator to give evidence in any court action) and paragraph 5:
      5. This agreement is in full and final settlement of both parties’ claim, including any claim for costs, court fees, expenses or interest.

      I am confused and I don’t quite understand paragraph 2. What does it mean exactly. The date 1/8/2037 is a bit worring. Does that mean that Lowell could restart pestering me again in the future?

      Anyway, if someone could shed some light on this I would be wvervso grateful.

      Thank you

      Comment


      • #33
        Can't imagine why they have put 2037 that's just weird ... a date like 19 March 2019 or say after 6 months or a years time would be okay but 18 yrs 8 months just sounds like a typo - think you are right to try get that corrected.

        Think you have done the right thing with agreeing the settlement xx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #34
          Amethyst Hi, I just had a reply from the mediator and the paragraph 2 has been amended to:

          “2. The court will stay the case (i.e. the court will take no further steps in relation to the case) and the claim, defence and any counterclaim will be struck out without further order of the court (meaning that the case will no longer be treated as active) if the court has not heard from either party by 15/5/19”

          You were right, the date was a typing error.

          Thank you very much for all your hard work and tremendous help with my case.

          I wish you and your family a very Happy New Year!

          Comment


          • #35
            That sounds better Glad it's sorted xxxx

            Happy New Year to you too
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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