Lowell solicitors, BT debt help please

[richard ward]

Received a claim? Yes/No: YES
Issue Date: 27 NOV 2019
Have you Acknowledged the Claim?: YES
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 800
Claimant's Name: LOWELL PORTFOLIO LTD
Solicitors Firm:LOWELL SOLICITORS LTD
Original Creditor: BT
Original Debt (eg. Credit card/Loan/Overdraft) : BT VISION TV
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) The defendant entered into an agreement with BT PLC under account ref *********** (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 14-02-2019 and notice given to the defendant.
4) Despite repeated requests for payment the sum of 612 remains due and outstanding
And the claimant claims
a) The said sum of 612
b) Interest @ 8% limited to one year 38.23
c) costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): CPR requesting documents 1 and 3

Lowell responded as below:

We confirm we have received AOS
Your debt relates to a former telecommunication matter , this means the original creditor is not required to retain a copy of the agreement and therefore we are unable to request a copy of this document

We confirm our client has not claimed to have entered into any contract directly with you,nor to have been a party to your contract with the original creditor. The benefit of that contract was lawfully assigned to our client pursuant to Sec 136 of the law of property act 1925 and the required notification of assignment was sent to you. copy enclosed. Please also regard notice of assignment os formal deman for payment.

Any Other Information or Background Details: This is a demand for BT TV services that i had for 2 weeks before moving house and cancelling 3 years ago. cancelled by phone (no record)

Please help and advise next step, submit defence?

[Amethyst]

Have you sent a SAR to BT Vision to see how the amount has been calculated ?

Your defence will be due in around 28th Dec. So you should start preparing it ready to file.

Although the agreement won't be consumer credit regulated it will be required to show what you signed up for, the terms, whether a termination fee should have been charged and do on. Also cancellation terms - particularly if you might have cancelled within 14 days.

Do you have any details of the agreement on email or anything from when you first signed up ?

[richard ward]

Firstly, genuine thanks for taking the time to reply to my post.
I have checked my mails from the time and can not see any agreement.
All I have is emails attached , showing service went live one week before moving house.
Should i send a basic SAR requesting details of agreement and how charges were accrued?

[R0b]

So, what is your defence?

You agreed a contract presumably at least 12 or 18 months nd then moved home and cancelled so you would be liable for the remainder. I can't see a defence here unless you've omitted something.

[Amethyst]

Do you know exactly what date you cancelled vs the date the order was placed ? I assume the email thanking for your order and giving dates was sent the day you signed up - did you cancel before you moved house ? Is it within 14 days ? And did you return the 'kit' within 14 days after that?

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[richard ward]

So, what is your defence?

You agreed a contract presumably at least 12 or 18 months nd then moved home and cancelled so you would be liable for the remainder. I can't see a defence here unless you've omitted something.

With no help from this forum, i today received a DISCONTINUATION NOTICE after filing a defence based on advice from another forum. What exactly is this forum for?

[MIKE770]

they have discontinued the case - well done ** keep that safe

[R0b]

First of all, well done on the claim being discontinued - what was your defence based on in the end?

As far as I can see, you never replied back to our questions so what do you expect us to say?* What exactly were you expecting us to do?!

We are not mind readers and certainly wouldn't conjure up a defence without knowing the facts because signing a defence that is false or reckless as to the contents of it means you could be in contempt of court and land yourself in prison.

Nevertheless, this is a public community forum and nobody is obligated to help but*the people who do post on here give up their free time for those who need assistance.

If you think that you can request help from us but not bother to answer our questions and wait for us to do the legwork then (and I speak only for myself here) that simply isn't going to happen.

Of course if your experience coming here is that bad then nobody is forcing you to come back.

*

[richard ward]

I will post my comments to the site sponsors, you have already validated the Google reviews for this site Rob.

[R0b]

Well I'm sorry you feel that way and that you can't have a frank and open conversation about it but as I pointed out, you never came back to us with a response since December having gone AWOL and then you appear to complain that you were given no help.

We did engage with you, but you didn't so I was asking you what exactly were you expecting us to do for you with the limited information given.
*

[GBExile]

With no help from this forum, i today received a DISCONTINUATION NOTICE after filing a defence based on advice from another forum. What exactly is this forum for?

How rude. You never bothered responding to peoples questions.*

[Amethyst]

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