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Originally posted by lofi_2635
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https://www.judiciary.uk/wp-content/..._in_Person.pdf
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No, make sure you post a copy to their solicitors, get Proof of Postage.
https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Hello again, I’ve finally had a response from Overdales! Don’t like to be quick about things do they?? Dated 25 March 2022 but only received today... I’m starting to see a trend here >.>Originally posted by echat11 View Post
The important bits from the letter as follows:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx
-A BT PLC account was opened 16 September 2017.
-The agreement was to provide yoAu with a tariff for ‘Phone, Broadband and Hardware’ in return for payments. This also came with a landline 0**********.
-The application and last known address on the account was... The account was disconnected 25 March 2019 due to your request.
-BT received a payment from you on 27 April 2019 for the sum of £37.99, this was the last payment they received. However there was still an outstanding balance which has been left unpaid.
Our clients response to your defence
In paragraph 4 of your defence , you have alleged that out client’s particulars of claim fail to state when the agreement was entered. We dispute this on the grounds that that. This is due to the client making it clear as to who you entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated. Furthermore, we have supplied the date this debt was assigned to our client.
Our client confirmed to you by way of the Notice of Assignment sent, that the account was assigned to them on 26 March 2021. Note, Notice of Assignment serves to evidence that a Legal assignment of the debt has taken place, pursuant to s136 Law of Property Act 1922. Enclosed is the letter that was sent to you at your last known address.
Thereafter, numerous lettes were sent to your last known and current residence. Our client made active attempts to resolve this matter by sending you correspondence and encouraging y ou to get in touch. You did not get in touch or dispute the Claim at any stage until this matter wqas issued. As such, our client had no choice but to issue this Claim, evidence of such contact will be disclosed to the Court, should this matter proceed to a Court hearing.
In regards to your request outlined in paragraph 6 of your defence, this has already been responded to. We sent you a letter to your current address dated 3 March 2022. In the letter we explained that the outstanding debt does not arise under an agreement for credit and therefore is not regulated by the Consumer Credit Act 1974. BT do not need to retain a copy of the original agreement, we are unable to provide you with a copy of the agreement, a copy of which would have been provided to you at the outset. However, BT have now provided the final bill that was sent to the last known address they had on file for you. This has been enclosed with this letter, this will be used as evidenceif the matter proceeds to a Court hearing.
Paragraph 7 mentions that you have not received any documents. However, we received your request for the documents on 25 February 2022, in our response we have stated we have requested these documents and that they will be sent to you in due course.
The letter of claim sent to your address stating that ignoring correspondence would lead to a claim being issued. Page 3 states clearly ‘ if you fail to make payment or respond to this letter as set out in the enclosed documents within 30 days of the date of this letter, we will issue a County Claim’.
In relation to your data subject access request, this is still being processed.
Paragraph 8-10 in your defence, you state that our client is required to prove the allegations that money is owedunder CPR 16.5. However, you are in breach of CPR 16.5(2)(a) as you did not give a reason for denying our client’s claim, you have simply contested its leagality. As such, we can make an application to strike out your defence, resulting in the claim standing undefended, our client at liberty to request judgment by default against you.
Settlement offer
At this stage, our client remains satisfied that you are liable for the outstanding balance Our client is remains willing to attempt settlement and reach an amicable resolution with you. An agreed settlement may avoid a hearing or judgment and also additional costs being added to your debt.
Our client is will to settle the claim by either a lump sum of £150 or two payments of £75.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx
Mistakes and gramatical errors are word for word from the letter..
The copies of the correspondence they claim to have sent me are in the letter but these are the first I've seen and there's no proof of delivery etc.. if I had received I would have obviously contested..
Can they actually strike out the claim for me only contesting legality?
Also, as they want to settle, does this mean they haven't got proof for me being in contract etc?
Normally the broadband contracts are for 12, 18 or 24 months. The dates of open 16 September 2017 and close of 25 March 2019 look suspiciously like an 18 month contract end to me...
What would your advice be for next step?
Much Appreciated!
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I also forgot to mention, they have also included a letter supposedly from 'For & on behalf of British Telecommunictions PLC' dated 15 April 2021 and addressed to me at my mother in law's address. No company logo or headers and footers, looks like a typed up letter on word to look official.. very dodgy!Comment
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The important bits from the letter as follows:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx
a)- A BT PLC account was opened 16 September 2017.
-The agreement was to provide yoAu with a tariff for ‘Phone, Broadband and Hardware’ in return for payments. This also came with a landline 0**********.
Yes account was opened, but there would have been an agreement and Terms & Conditions. That's what you want from them.
b)-The application and last known address on the account was... The account was disconnected 25 March 2019 due to your request.
-BT received a payment from you on 27 April 2019 for the sum of £37.99, this was the last payment they received. However there was still an outstanding balance which has been left unpaid.
You moved, so maybe they send reminders / final bill etc.
Our clients response to your defence
c) In paragraph 4 of your defence , you have alleged that out client’s particulars of claim fail to state when the agreement was entered. We dispute this on the grounds that that. This is due to the client making it clear as to who you entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated.
Yes, but they fail to understand that there would be a agreement referencing Terms and Conditions. In point 'b' they say that you asked the broadband to be cancelled.
d) Furthermore, we have supplied the date this debt was assigned to our client.
Our client confirmed to you by way of the Notice of Assignment sent, that the account was assigned to them on 26 March 2021. Note, Notice of Assignment serves to evidence that a Legal assignment of the debt has taken place, pursuant to s136 Law of Property Act 1922. Enclosed is the letter that was sent to you at your last known address.
They need to provide a copy of the Notice of Assignment.
e) Thereafter, numerous lettes were sent to your last known and current residence. Our client made active attempts to resolve this matter by sending you correspondence and encouraging y ou to get in touch. You did not get in touch or dispute the Claim at any stage until this matter wqas issued. As such, our client had no choice but to issue this Claim, evidence of such contact will be disclosed to the Court, should this matter proceed to a Court hearing.
You moved house multiple times since then also had other issues that you were dealing with Job, Covid etc. They still have provided the documents requested.
f) In regards to your request outlined in paragraph 6 of your defence, this has already been responded to. We sent you a letter to your current address dated 3 March 2022. In the letter we explained that the outstanding debt does not arise under an agreement for credit and therefore is not regulated by the Consumer Credit Act 1974. BT do not need to retain a copy of the original agreement, we are unable to provide you with a copy of the agreement, a copy of which would have been provided to you at the outset. However, BT have now provided the final bill that was sent to the last known address they had on file for you. This has been enclosed with this letter, this will be used as evidenceif the matter proceeds to a Court hearing.
Admission, that they can't provide a copy of the agreement / Terms and Conditions.
g) Paragraph 7 mentions that you have not received any documents. However, we received your request for the documents on 25 February 2022, in our response we have stated we have requested these documents and that they will be sent to you in due course.
See what they come up with, more nonsense.
The letter of claim sent to your address stating that ignoring correspondence would lead to a claim being issued. Page 3 states clearly ‘ if you fail to make payment or respond to this letter as set out in the enclosed documents within 30 days of the date of this letter, we will issue a County Claim’.
In relation to your data subject access request, this is still being processed.
See what they send.
Paragraph 8-10 in your defence, you state that our client is required to prove the allegations that money is owedunder CPR 16.5. However, you are in breach of CPR 16.5(2)(a) as you did not give a reason for denying our client’s claim, you have simply contested its leagality. As such, we can make an application to strike out your defence, resulting in the claim standing undefended, our client at liberty to request judgment by default against you.
They can try.
Settlement offer
At this stage, our client remains satisfied that you are liable for the outstanding balance Our client is remains willing to attempt settlement and reach an amicable resolution with you. An agreed settlement may avoid a hearing or judgment and also additional costs being added to your debt.
Our client is will to settle the claim by either a lump sum of £150 or two payments of £75.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx
Mistakes and gramatical errors are word for word from the letter..
The copies of the correspondence they claim to have sent me are in the letter but these are the first I've seen and there's no proof of delivery etc.. if I had received I would have obviously contested..
As you say, you moved, covid / job etc.
Can they actually strike out the claim for me only contesting legality?
They can try.
Also, as they want to settle, does this mean they haven't got proof for me being in contract etc?
Maybe, but Courts ask all parties to try to resolve the matter before it goes to a hearing.
Normally the broadband contracts are for 12, 18 or 24 months. The dates of open 16 September 2017 and close of 25 March 2019 look suspiciously like an 18 month contract end to me...
Well that why you need a copy of your agreement / T & C's.
What would your advice be for next step?
You could respond to them, but best to wait for the Directions Questionnaire, then mediation, on the DQ, you will need to notify the Court, you want mediation, but haven't received the requested documentation.Comment
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Great comments thank you! Sometimes I begin to wander whether I'm going mad, these people are on a different planet!
How long is the usual waiting time for the Directions Questionnaire?
Regarding mediation, I've had a look and it looks to be quite pricey. Some costing £500+ well over what the debt is for sure.. are we hoping that once mediation is selected they back down? or even offer a low settlement fee because of no evidence their end?Comment
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It depends on how efficient they are and backlogs the Court has, but 3/4 weeks, might be sooner, but should arrive at some point.Originally posted by lofi_2635 View Post
The Court mediation is FREE, it's about 1/2 an hour. The mediator speaks to you, then speaks to BT's solicitor, then speaks to you again, etc. to see if you can come to an acceptable agreement for both parties, it's all done over the phone.
https://www.gov.uk/guidance/small-cl...iation-service
Yes, hopefully they will back down / settle.
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Ah yes, look at that! I thought it was a little odd forf small claims to cost as much.. thanks for clearing that up!Originally posted by echat11 View Post
Time to play the waiting game for the DQ and ee what other twaddle Lowell/Overdales come up with in the mean time.. thanks again!Comment
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So I still haven't received any mediation documentation yet and it's been well over 3/4 weeks. Should I be worried and chase? Many ThanksComment
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It could be that they have a back log, but best to call them, see if there is any other update on the case (email them as well to state DQ not received).Originally posted by lofi_2635 View PostComment
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So speak of the devil, I have received a letter from them stating they are withdrawing the court proceedings and provided the court letter request as evidence. Thank you once again for all your help and guidance!!!
One more question for the road; even though they have stated the court proceedings will not be going ahead, what is stopping them from trying again at a later date or selling it on to another debt collection agency who would try and do the same?Comment
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Well Done, If they tried at a later date, it would be an abuse of the Courts (as the matter has already been taken to Court). They can sell the debt, but the buyer will know that they already tried the Court route, there is no value in buying the debt.Originally posted by lofi_2635 View Post
Don't leave any loose ends check with the Court until the case is withdrawn and closed.Comment
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OK will do; once again, thank you for your assistance!Comment
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Hi Good Morning
i have read the thread i am in the same position and would like some help.
recieved a county court letter yesterday morning from overdales and county court on behalf of vodafone.Comment
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Im not good with the legal stuff can you please tell me what you need to know and what i can do nextComment
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