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ice22

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  1. Ok so request sent but not sure I have given enough time to reply before my defence is due this Friday. I've sent the following: CPR 3.14 request removed....as per the instructions on the template..do not post on the open forum...templates are for members only.
  2. Thank for the quick rely. I thought that BT could charge me for the remaining time left on the minimum term which was about 9 months? Ill send off the CP31:14 and I've already did a data subject access request to BT when I 1st got the notification. I need to submit my defence soon but have no idea how to word it. Should I deny all points or do I admit that I had an account but dispute the rest due to breach of contract? From what I've been reading I could quote the sales of goods act 1979 as the service supplied was extremely poor. I also have a recording which BT supplied to me which has the agreed change of direct debit date which they later said they could not honor so would that count as also breach of contract. Also BT terms also stated the would possibly look at not charging to terminate due to poor service but I don't feel they ever considered it. Really sorry but I have no clue what to put in the defence as I don't want to show my hand this early.
  3. Name of the Claimant ? Lowell Date of issue – . 22nd Jan 2019 Date to acknowledge = 9th Feb 2019 date to submit defence = 22nd Feb 2019 Particulars of Claim What is the claim for – 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxx ('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 given to the defendant 4) Despite repeated requests for payment , the sum of £372.90 remains due and outstanding. And the claimant claims a)The said sum of £372.90 b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum form the date of assignment to the date of issue, accruing at a daily rate of £0.082, but limited to one year, being £29.83 c)Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? £487.73 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Home broadband When did you enter into the original agreement before or after April 2007 ? After 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure but I think so as I've been chased for a while Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No as I've moved address since the account was closed Why did you cease payments? 2 months of slow broadband, poor customer service, then they could not honour the agreed direct debit date so just decided to take the payment when they wanted. Changed supplier but the refused to release me from this contract What was the date of your last payment? October 2015 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  4. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw. I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300. I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up. Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300. I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim? I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it. I would really appreciate any help please. Thank you
  5. They are correct if you took the policy online you have to tick a box which states you can proved NCB which is valid within the last 2 years before you can take out the policy. It can be easy to miss this. Do you have your spouse on your policy and if so if he has any NCB he is not using he could sign it over to you to use on your policy?
  6. If you are able to send evidence that you have taken out insurance with somebody else with a covering letter they should refund you. I know of case where they have fully refunded customers when this has been provided.
  7. hi all. Sorry for the long post but I have an issue that im hoping you helpful people at CAG can advise me on. I rented a flat for a year and a half with a friend of mine and I paid him my share of the Council Tax. He decided not to pay any Council Tax including my half. I moved out and my friend continued to live at the address and was unaware the Council Tax had not been paid. Shortly after moving out I get slapped with a liabilty order for the 1st years Council Tax. Lesson learned and I know that I am jointly liable and will have to pay. Council then chase me for the 2nd years Council Tax which no liabilty order has been issued yet. I dispute the bill as I only lived there for 1/2 of the second year and send my new tenancy to prove it. Council write back saying they will amend liabilty dates and send a amended bill. THE ISSUE: I have received the new bill but there is an amount for £282.06 listed as Benifit Overpayment; for a period starting when I lived there, extending to a period when I didn't live there (as confirmed in the Council's Letter). I have never asked for benifits in my life and can only assume this is my friends doing. I sent a letter to the Council about the above issue and the replied saying that I am jointly liable and if I wish to discuss Housing Benifits to call some number. Am I jointly liable for Housing Benefits I didn't claim and have no prior knowledge of? Thanks
  8. Council Tax Benefit is recovered by withdrawing the benefit directly from the Council Tax account - the amount then recovered is purely council tax which is recoverable from either, there is no case law against this The only argument against this would be to argue that the council tax benefit should not have been re-claimed in the first place but this would have to be done by the flatmate On the bill they have sent me the benifit overpaymet period extends to a time when it has been confirmed I didn't live there. Can I get them to amend this period and re-calculate the bill?
  9. Hello all. I am new to this forum but have used advise on here for other issues. I have 1 issue that I would like further advise on please. Ok heres the backround info: I rented a flat for a year and a half with a friend of mine and I paid him my share of the Council Tax. He then decided not to pay any Council Tax including my half. I moved out and my friend continued to live at that address. I was unaware that he had not paid any Council Tax and shortly after moving out I get slapped with a liability order of the 1st years Council Tax. I know that I am jointly liable and will have to pay. The Council were chasing me for the 2nd Years Council Tax but no liability order has been issued for year 2. I challanged the bill as I only lived there for the 1st half of the 2nd year and sent my new tenancy agreement to proove it. The Council then write to me to say that they will amend my liabilty to the correct dates and send me an amended bill. ISSUE: I have recieved the new amended bill but there is an amount for £282.06 for a period when I lived there, extending to a period when It was confirmed I didn't live there. (hope that makes sense). What concerns me is that the item is listed as "Benifit Overpayment". I have never asked for benifits in my life and I can only assume that this is my ex-friends doing. Also the bill has been addressed to me and my friend and sent to MY address. This concerns me as he's gone off the radar and I know he will not pay anything towards his part of the Council Tax. I obviously don't want the Council chasing him at my address when he doesn't live here. I have written to the Council about the above issues but they have just replied stating that I am jointly liable for the 1 and 1/2 year period and if I wish to discuss Housing Benifits then call some number. Sorry for the long post but where can I go from here? Thanks!
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