Lowell county court claim - Defence

**Agrace** · 30th January 2019, 15:34:PM

Bump

Can anyone advise if I should just like my defence online and will that mean a hearing will be scheduled or do they just decide based on this?

The online system doesn't seem to give the option of attaching files.

**Amethyst** · 30th January 2019, 16:31:PM

Hiya xxx

There's a bit of a process to go through, what file are you trying to attach ? Have you already written a defence ?

You just want to acknowledge the claim for now ( with intent to defend in full), then gather some information to assist with your defence. A Subject Access Request (Letter ) to BT would be a good start to find out the background to the debt.

i received another two bills from BT the following two months

Do you still have those? If not they should come up in the SAR response.

If you can type out the Particulars of claim from the claim form too you will be able to request any documents mentioned in that.

Had you received a letter before action from Lowell ( would have been just over a month ago ? )

**Agrace** · 30th January 2019, 17:27:PM

Hi thanks for your reply

I went on the money claim site and chose defence I started it but haven't completed as I wanted advice first. I probably did receive that letter from lowell as I'd received many and ignored, i was intending on writing to them but clearly not in time.

Particulars are

The defendant entered into an agreement with BT PLC under account reference ****** ('the agreement')

The Defendant failed to maintain the required payments and the service was terminated.

The agreement was later assigned to the Claimant on 22/02/2018.

Then just the amount that was owed Ł188.27 plus costs

I received this letter dated 24th January.

I'm stumped by how they can say the service was terminated as I failed to maintain payments when I was with Talk Talk at this time, personally I cant fathom how they could win this case.

I wanted to attach the emails of when i switched provider and the bills I received from BT the following two months

So first step acknowledge claim with intent to defend? Can I do that without filling in the defence?

That site is very temperamental also kept logging me out but rather that than by post

Thanks

**Amethyst** · 30th January 2019, 17:41:PM

YEs acknowledge the claim with intent to defend in full - it's not binding and then your defence will be due 33 days from the Date of Issue printed on the claim form, if you decide to defend after gathering some info.

You wouldn't attach emails at this stage in any case, they'd come later on when it comes to exchanging Witness Statement and exhibits. Gives you a bit of time to work out what the actual position is, and then if you figure out it is owed, you can try to settle it outside of court without getting a CCJ against you ( presumably that's the aim as having a CCJ against you for the next 6 years is probably worse than paying the Ł200 debt even on principle )

so SAR ( letter below) to BT

CPR 31.14 to Lowell - ask for agreement, notice of termination/default and notice of assignment. ( they have tried not to actually 'mention' any of them but still ask for them anyway ) I'd also put on the letter that you'd appreciate a full breakdown of the account from the xx/xx/xxxx ( put the approx date you tried to cancel with BT ) to date.
CPR 31.14 Request
Subject Access Request Letter

Actually as you mentioned TalkTalk were supposed to deal with the switchover - might be worth sending them a SAR and limiting it date wise to the date you started with them for the next 3 months or something ( just so you aren't overloaded with pointless info )

So there is a bit of a process to the court claims;

Acknowledge claim - extends time to get docs and consider defence to 33 days from date of issue
Once a defence is filed the claimant has 28 days to respond.
Receive a directions questionnaire from the court, which you complete and return. This tells the court where to send the claim (ie your local court).
Probably have a mediation appointment by telephone - good point to settle out of court if needed.
Your local court contact you in a few weeks after they get the files and give directions as to the next steps - normally to swap witness statements and evidence, and then give you a hearing date ( normally ends up being 5/6 months from issue of the claim ).
Have the hearing.
Then you have 28 days to pay in full if you don't want the CCJ registered for 6 years. ( so if you want to defend fully it's worth saving up over next few months to ensure you can pay it off in one go if it all goes wrong )

**Agrace** · 31st January 2019, 10:09:AM

Thank you for your help!

I have acknowledged claim with intent to defend in full on the website, so that gives me 28 days?

I will get both of those letters sent off asap.

What if, which I'm guessing may well happen, i Don't receive the information back in time to complete my defense, can I ask for an extension?

**Agrace** · 6th February 2019, 15:03:PM

Hi just to update, i have today received a reply from the SAR to BT, it states

Whilst we normally aim to respond within one month of your request, we are currently receiving an exceptionally high volume of requests and we therefore need extra time to be able to respond.

Then goes onto to say within 3 months. Obviously this won't be in time for my defence so do I just state this on my defence?

Now just waiting on response from Lowell after CPR

**Amethyst** · 6th February 2019, 15:18:PM

No need to mention the SAR in the defence, really its for your own info and to use to kybosh any incorrect assertions made by the claimants.

Your defence is due in by 26th Feb at the latest I think ( issue date 24th Jan ?)

**Agrace** · 6th February 2019, 16:43:PM

Oh okay yes that's correct, so just await Lowell's response and then think of drafting up a defence? I will do that on the money claim site and by post just to be sure

**Agrace** · 11th February 2019, 11:33:AM

Lowell solicitors received CPR letter on monday 4th of Feb, no reply as of yet, if i don't receive anything do i just mention this in my defence when the time comes?

Thanks

**Amethyst** · 11th February 2019, 11:36:AM

Yes

On the previous question - whether or not you get responses from Lowell you need to file your defence before the 26th xxx

There is an example here for amendment Example Defence

**Agrace** · 17th February 2019, 00:03:AM

Reply from lowell solicitors re CPR letter

This matter relates to a former BT plc account opened on 13 October 2014. The last payment of Ł53.49 was made on 4 September 2016 and the account defaulted around 29 March 2017.

Then goes on to say as this is a former telecommunications matter it is not regulated by CCA

We have asked our client to provide us with a copy of your statement and we will contact you once we receive a response

**Agrace** · 17th February 2019, 00:04:AM

They said what I knew anyway, the last payment is correct so i dont understand their claim, I will start working on the defence to post of Monday

**Amethyst** · 17th February 2019, 09:18:AM

"wanted to attach the emails of when i switched provider and the bills I received from BT the following two months "

What do those emails and bills say? ( so we can include in defence )

**Agrace** · 17th February 2019, 11:01:AM

They are the standard monthly bill emails from BT saying ''You're bill for this month is now ready please log in to your account to pay"

The emails from Talk Talk are confirmation of when i signed up with them and when i went live with their broadband.

I will attach on here later x

Lowell county court claim - Defence