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I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below:
Received a claim? Yes
Issue Date: 30 Jan 2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £300
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Lowell Solicitors
Original Creditor: BT
Original Debt : Phone Line
Particulars of Claim:
1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')
2) The defendant failed to maintain the required payments and the service was terminated.
3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant
4) Despite repeated requests for payment, the sum of £xx remains due and outstanding.
And the claimant claims
a) The said sum of 222
b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78
c) costs
Is the debt Statute Barred: No
List any letters you have sent: None
Any Other Information or Background Details:
This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online.
I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013.
Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT.
During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years.
What should my next steps be?
Request account details from BT
Request the specific documents from Lowell under CPR31.14
Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this!
Received a claim? Yes
Issue Date: 30 Jan 2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £300
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Lowell Solicitors
Original Creditor: BT
Original Debt : Phone Line
Particulars of Claim:
1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')
2) The defendant failed to maintain the required payments and the service was terminated.
3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant
4) Despite repeated requests for payment, the sum of £xx remains due and outstanding.
And the claimant claims
a) The said sum of 222
b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78
c) costs
Is the debt Statute Barred: No
List any letters you have sent: None
Any Other Information or Background Details:
This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online.
I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013.
Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT.
During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years.
What should my next steps be?
Request account details from BT
Request the specific documents from Lowell under CPR31.14
Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this!
