Overdales/Lowells/BT PLC - New county court case

[lofi_2635]

Good Evening

Hope you can help!

I have received a letter from Northampton County court for a claim, I have completed AOS defend in full online using the MCOPL and have a date onf 08.03.2022 in my calendar for defence deadline. I just would like a little help with the details of the CPR 31:14 and SAR letters if possible please.

Received a claim? Yes

Issue Date: 08/02/2022

Have you Acknowledged the Claim?: Yes - Defend in Full

Total Amount Claimed : £241.94 (£326.94 including court fees etc)

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales Solicitors

Original Creditor: BT PLC

Original Debt (eg. Credit card/Loan/Overdraft): Broadband Account

Particulars of Claim: The claim is for the sum on £226.27 due by the defendant under a BT PLC account with an account reference of XXXXXXXX.
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 26-03-21, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £15.67.
The claimant claims the sum of £241.94.

Is the debt Statute Barred : Unsure, don't think so. Clearscore is stating update on 14.06.2021, balance £226 and in default.

List any letters you have sent (eg: CCA/ CPR ): Preparing CPR and SAR letters.

Any Other Information or Background Details: Unsure of the BT account they are referring to, the last time I used BT was for broadbanmd services 2017-2019. As far as I am aware the braoadband account was paid up until end of contract and closed as I have moved house multiple times since then (Job, Covid etc).
As the POC mention contractual and agreement do I ask for both in CPR? Is it worth asking for assignment too?
It isn't mentioned in POC but as Clearscore has it as account in default, do I request that also?

Thank you for your time!

[echat11]

Hi LOFI

As the POC mention contractual and agreement do I ask for both in CPR? Is it worth asking for assignment too?

It isn't mentioned in POC but as Clearscore has it as account in default, do I request that also?

In your CPR 31.14 letter, you can only ask for the documents stated in their Particulars of Claim (but list it, see if they send it).

Ask for the Agreement which is the contract. Send the SAR, that will provide most of the relevant detail (just bare in mind, BT love deleting stuff).

[lofi_2635]

Hi Echat

That's great thanks, I'll get them sent off and see what they come up with.

"Ask for the Agreement which is the contract. Send the SAR, that will provide most of the relevant detail (just bare in mind, BT love deleting stuff)" Ah do they? Is that a plus for me or will that make things more difficult? I'm assuming if there isn't proof of an agreement then there isn't a debt to repay?

[echat11]

Hi Echat

That's great thanks, I'll get them sent off and see what they come up with.

"Ask for the Agreement which is the contract. Send the SAR, that will provide most of the relevant detail (just bare in mind, BT love deleting stuff)" Ah do they? Is that a plus for me or will that make things more difficult? I'm assuming if there isn't proof of an agreement then there isn't a debt to repay?

The sort of stuff they delete is account notes, chats, communications etc. So if you need to prove a conversation took place, it might be difficult if the notes on the account has been deleted.

[lofi_2635]

The sort of stuff they delete is account notes, chats, communications etc. So if you need to prove a conversation took place, it might be difficult if the notes on the account has been deleted.

Ah I see, always helpful.. a bit cheeky that!

[echat11]

Ah I see, always helpful.. a bit cheeky that!

Tell me about it, you tell them you have problem contacted them on such and such a date, they delete details of the issue from their systems, sorry we have no record of the contact.

[lofi_2635]

It's ridiculous.. I've just managed to get on the old account portal through investigation etc for login details.. No information on there whatsoever! Previous bills? Nope. Payments made? Nope. Just my name.. ironically it splashes up a big banner saying... You don't owe anything, payments up to date!

[lofi_2635]

Ah I see, always helpful.. a bit cheeky that!

Right, so I've finally received a response from them re CPR, please find as follows:

Thank you for your recent correspondece.

This debt does not arise under an agreement for credit therefore it it not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are uable to obtain a copy.

If the matter proceeds, we may ask the Court to accept that there was a contract based on other evidence that may be available. Accounts of this type can be obtained by telephon, over the internet and therefore it is possible that no signed contract ever existed, or that this was entered into by electronic signature online.

However else agreed, the terms and conditions would also have been provided in writing inside the box containing the mobile device and/or sim card, under a seal drawing them to your attentionand stating that use of the device or sim card and phone line, would confirm your acceptance of them.

There is no legal requirement for assignment of debt to be in the form of a deed. In most cases this done by simple contract (a Debt Sale Agreement). Our client is under no obligation to disclose the Debt Sale Agreement to you. This is a private contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of the Debt Sale Agreement could provide, support or assist in any Defence you may wish to raise and you have neither need nor right to be privy to that content. The Notice of Assignment was sent to you which discharges our obligation.

We confirm we have raised a request for a copy of the Default nottice along with your Date Subject Access Request. A response will be sent to you in regards to this in due course.

As you will be aware, a county court claim form has been issued. you should respond to the claim form how you deem appropriate, as per the guidance on the form .

This would have been served by the court to the address that we have for you on our records.

[lofi_2635]

Tell me about it, you tell them you have problem contacted them on such and such a date, they delete details of the issue from their systems, sorry we have no record of the contact.

Hi Echat! Please see letter received above.. I take it that means they don't have any evidence? Do I respond direct? How would I go about wording my defence?

Also, Defence deadline is tomrrow 08/03/2022, does that give me until midnight tomorrow night to get it submitted or tonight?

Thanks again

[echat11]

Amend the following Defence, remove all references to CCA 1974. Copy and paste so we can check it.

https://legalbeagles.info/library/gu...-court-claims/

You can email it to the Court, in the subject line, put the claim: reference number, write Defence, XXXXXXXX v XXXXXXX.

Email it to:

ccbcaq@justice.gov.uk

Send a copy to the creditors solicitors, make sure you get Proof of Postage.

It's best to get it to them by 4.59pm tomorrow, although technically you have a few more days because of post, so don't panic.

[lofi_2635]

Amend the following Defence, remove all references to CCA 1974. Copy and paste so we can check it.

https://legalbeagles.info/library/gu...-court-claims/

You can email it to the Court, in the subject line, put the claim: reference number, write Defence, XXXXXXXX v XXXXXXX.

Email it toccbcaq@justice.gov.uk

Send a copy to the creditors solicitors, make sure you get Proof of Postage.

It's best to get it to them by 4.59pm tomorrow, although technically you have a few more days because of post, so don't panic.

Brilliant, thanks... will do!

[lofi_2635]

Amend the following Defence, remove all references to CCA 1974. Copy and paste so we can check it.

https://legalbeagles.info/library/gu...-court-claims/

You can email it to the Court, in the subject line, put the claim: reference number, write Defence, XXXXXXXX v XXXXXXX.

Email it to:

ccbcaq@justice.gov.uk

Send a copy to the creditors solicitors, make sure you get Proof of Postage.

It's best to get it to them by 4.59pm tomorrow, although technically you have a few more days because of post, so don't panic.

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 16.02.2022.
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
5.The Claimants statement of case states that the account was assigned from BT PLC to Lowell Portfolio I LTD on 26.03.2021. The Defendant does not recall receiving notice of this assignment.
6.On the 23.02.2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
7.Overdales Solicitors has not sent any of these documents to the Defendant.
8.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
9.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
10.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
11.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

So this is what I've got. (obviously I will change the [Claim Number] to the actual claim number) I've also left the top part out as it is sensitive data.

Do I need to ammend anything in the statment of truth?

Again, thanks as always!

[lofi_2635]

Sorry for more questions.. does the font of the document need to stay Times New Roman or can it be changed to arial? (Silly question I know but alas asking anyway.) Also, with the signed by at the bottom, would my name typed out be legitimate or will they want want it physically signed and uploaded?

[echat11]

It's fine.

a) 'Do I need to ammend anything in the statment of truth?'

No, you've amended it correctly.

b) Sorry for more questions.. does the font of the document need to stay Times New Roman or can it be changed to arial? (Silly question I know but alas asking anyway.)

I know there is a preference (can't remember what it is or really matters) in the 'legal world', Times New Roman is fine.

c) Also, with the signed by at the bottom, would my name typed out be legitimate or will they want want it physically signed and uploaded?

It needs to be signed, quite a few ways to get your signature on to your Defence.

[lofi_2635]

Great, thank you for your help! I've emailed that off now, interested to see what happens next..

Oh! Also, do I need to complete it on MCOL if I've sent via email?