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
Comment