Lowell county court claim - Defence

[Amethyst]

The BT SAR should show your contact yes, but does depend what notes were made as to how helpful it is... phone recordings aren't kept for very long.

Talk Talks SAR might be useful - if they said they would cancel with BT it should show in the info and presumably they have had to have your account ref etc with BT to do so - and should be records of any contact they made with BT re your account. It will also confirm dates.

[Agrace]

SAR sent to Talk talk, I've today received directions questionnaire from lowell who have agreed to mediation, so now just awaiting mine from the courts

[Agrace]

Received SAR from BT in form of a disc. The account notes show none of the calls made to cancel the account. Naive of me to think they would show these.

There is a note on there dated 16/11/2016 stating we spoke on the phone and I explained I had called and cancelled. Checked account no cancellation. Created an installment plan.

The above is untrue, never agreed to any installment plan.

It shows payments but thats not disputed in this case, says termination 27/12/2016.

So useless SAR from BT really,

also I haven't received my directions questionnaire yet, although received lowells on the 4th?

[Agrace]

Amethyst can you advise should I contact the courts re directions questionnaire?

[Amethyst]

You can do but I wouldn't worry too much, Lowell are usually quick off the mark when the courts are a couple weeks behind themselves. Maybe give them a call Wednesday afternoon ( quiet time ).

In your SAR from BT are there any call lists ? ( ie did you call them from the same phone to cancel ?) as they are meant to keep notes each time you call them, and if you show them you called them ( by the calls being listed in your call lists ) then they may look at why those calls aren't noted at all in the SAR.

[Agrace]

There's a document titled 'contact' then it has notes next to each one but theres only one contact listed where it says customer states they cancelled no cancellation. Set up installment plan.

The times I called the agent would put me on hold to go through to the cancellation department but the line was cut off, these contacts aren't listed at all. As it was over two years ago i have a different mobile phone so no way of me showing a call history.

So relying on TalkTalk SAR now to show when they cancelled with BT

I'lI wait til Wednesday then give them a call just to make sure it's not been lost x

[Amethyst]

Ask your previous phone company for call lists - your defence is based on you making those calls so it is worthwhile trying at least to evidence you made them.

[Agrace]

Amethyst the calls would have been made on my mobile phone which was pay as you go with EE so I'm not sure if they store that information with it not being a contract phone?

Today I've received the directions questionnaire, tick yes to mediation however the two questions it asks do i have enough information about the claim? Not sure what to put here.

Also regarding witnesses does this mean if I want to bring someone to the hearing, or for someone to speak on my behalf?

It needs to be back to the court and lowell by 28th March, I'm guessing I send to lowell solicitors

[Amethyst]

Okay don't worry.

Mediation - if you haven't had any more documents from Lowell or BT then it is unlikely you have enough information to mediate - you can say you are willing to but don't have enough info yet.

Witnesses would just be 1, you. If you want to take someone with you on the day of the hearing just check with the court usher on arrival that they can go in with you ( they won't be able to talk or anything ).

[Agrace]

Thank you, I will tick yes to mediation but then no in the information box.

I read some interesting info about switching providers on ofcom last night. From June 2015 the system changed to something called ''Gaining provider led service" which means a customer only has to contact the provider they are switching to, who notifies the losing providers via an electronic gateway. I should have received a letter from BT when I switched acknowledging this,

After DQ what is the next step, witness statements? Is this where i will get chance to give all the information I intend to rely on x

[Agrace]

This is what Talk Talk told me, that BT will know about the switch automatically x

[Agrace]

Hi all,

Today I've received an email re mediation. It again asks if i can answer Yes to all 3 statements, I can't answer Yes to the enough information about the claim as they havent really sent anything, i had the SAR from BT. I'm currently waiting on another response from TalkTalk to confirm the switch was under the gaining provider led service and that BT was informed.

Should i reply to the email saying yes or no to mediation? Any advice appreciated

Thankyou

[MIKE770]

then state no and send back

[Agrace]

Thankyou just wanted to be sure

[MIKE770]

Thankyou just wanted to be sure

They will no doubt state to you unsuitable for mediation due to no documents and pass back to court process