Hello , how to deal with lowell group and talk talk

[its_me]

Hello, received a small claim from from lowell and talk talk over non supply of broadband services

[martinjhnnsn]

Hi ITS ME
Can you elaborate on the issues you are facing?

[pt2537]

Hello, received a small claim from from lowell and talk talk over non supply of broadband services

i think we will need a lot more info than this to be able to point you in the right direction

[its_me]

Hello All,

I am in dispute with talk talk over supply of broadband services (basically openreach did not install it at my property).

I phone up to request that this contract would be cancelled in the cooling off period . I used the number supplied when the order was placed . ( I believe that i was given the incorrect information from customer services ).

Now the situation is that it has been sold off to lowell . Earlier ,I have requested more details from lowell asking them to prove it .

The situation is that i have now received a summons from northampton small claims . I have acknowledge the claim and saying that i intend to defend it .

I have requested a SAR from talk talk and Cpr31.14 from lowell regarding the claim . I have not received a date yet from the court ,

Can you please advise on how to defend ?

thanks

[pt2537]

Ok well it depends, if you cancelled the contract within the contractual cooling off period and complied with the requirements of the contract in doing so, then there is no contract and your liability (if any) would be governed by the contract.

If you had a statutory right to cancel, and exercised that right then again the contract ends and its game over. Either way it seems unlikely that Lowell will have a claim, although i may be wrong and it does really depend on getting more info about the case before one could properly advise

[its_me]

Hello ,

I have requested the CPR 31.14 to Lowell and a SAR to talk talk to find out what has happened as far as Talk Talk is concerned .

The court Papers were issued on the 17th December 2018 . I need to know if i have to put in a defence as i have disputed this , or does it get transferred to my local court ?

The sample defence letters talks about Credit agreement which do not believe applies to broadband services

[its_me]

I also need to get SAR based information from talk talk before i can submit a defence , I have had talk talk broadband, but chose to cancel it i light of the massive Data Breach the autumn of 2015.

[Amethyst]

Hello ,

I have requested the CPR 31.14 to Lowell and a SAR to talk talk to find out what has happened as far as Talk Talk is concerned .

The court Papers were issued on the 17th December 2018 . I need to know if i have to put in a defence as i have disputed this , or does it get transferred to my local court ?

The sample defence letters talks about Credit agreement which do not believe applies to broadband services

If you have only acknowledged the claim with intent to defend in full then yes you will need to file your defence. The sample defence is just a starting point so amend as necessary - don't think you'll get the info back on the SAR before your defence date, so you could, if you wanted, get back in touch with the claimant and ask them to consent to a formal extension to give them time to send you the details, and give you time to get the SAR stuff back off of talktalk. Think your defence will be due around the 18th Jan.

Something like

Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - xxxxxxxxxxxxxv YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to xxxxxxxxxxxxxxxxx.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5. This will serve to save any further costs that may be necessary to amend any defence entered if you do later provide the required information.

Additionally I have requested further information from the original creditor and expect to have this within the next couple of weeks.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the xxxx xxxxxx 2018 I would appreciate a response by return.

Kind regards

XXXXXXXX

if you don't want to ring the solicitors.

[its_me]

Hello,
I recieved an email from Lowell over the Weekend , after requesting inspection of documents .

it states "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 ."

IS THIS RIGHT , I thought they should have a copy of what has been agreed to ?

Note that the statement request, really show me the amount outstanding .

Note that earlier on i Said that i cancelled within the cooling off period , what happened is that i had a previous contract and moved within the contract period . They put me onto another agreement (without my consent).

Can i find out what was the agreement ?

Note that i have been mislead that i think the agreement was cancelled and i should have done this in writing via recorded delivery .

I have to file a defence by Friday , but I still do not have all the documents which i will point out in my sample defence .

Note that i have had an account with talk talk which was closed after the data protection breach .