Hi, I got a claim from Lowell for an old debt from BT.

I submitted my defence which was:

(a) time-barred (BT account dates from maybe 2007?, but I'm not sure when the date of the debt is, I closed it quite some time ago)

(b) if not time-barred, then not due, as charges were for broadband usage (£200) which BT did not notify to me until bill arrived.

total claim is £200 + costs + solicitor fees.

I checked my credit report, and it shows:

Lowell

Account start date September 2007

Opening balance £ 190 (I'm not sure why the difference?)

Repayment frequency Monthly

Date of default 28/10/2011

Default balance £ 194

First date shown is June 2016 , I guess when they purchased from BT.

Now I have a small claims mediation session.

I would like to settle, any idea what kind of amount? £50?

Also can I get rid of the default on credit report?

Why settle if it's statute barred?

I'm not sure if it is barred?

go ring BT and ask?

it seems it might not be out of time.

So if I want to negotiate with them, how should I proceed?

Can I make removing the default part of the deal? Or how is the best way to get rid of that?

what do you mean?

you rang BT?

what did they say?

don't go rushing to contact or cough up to anyone yet!!

BT said debt was from 5.5 years before the date of the action.

Dont give too much away Mike...or we may be able to advise.#

Andy

advise away?

when was your last payment to BT

not just when they the debt was before date of claimform

it looks like I had two accounts (bb and phone) - last payments made April & June 2011 respectively.

so we need to know the details from the claimform then please

can you fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Lowell Portfolio 1 Ltd

Issue Date 28 Oct 2016

DQ filed by both parties

Defence already filed by me

Claim value £203 + £25 + £50

Credit report shows:

Account type Telecommunications Supplier

Account start date September 2007

Opening balance £ 194

Repayment frequency Monthly

Date of default October 2011

Default balance £ 194

However I checked at the time that this happened and they definitely weren't on there - Lowell have created the credit account in June 2016. I have a saved credit report from 2013 on my PC and there's nothing there from BT either. Not sure if I can work on that???

I received a variety of threatening letters variously from BT, SC Gray Solicitors, CCS, and finally Past Due Credit Solutions. The last letter was on April 2012. There was no further correspondence till June 2016, from Lowell.

The last letter from BT (August 2011) read:

"Debt Recovery Unit You still owe us £ 194.

If you've paid us since we sent this letter, thanks, and you don't need to do anything else.

If not, you need to pay us in the next ten days. If you have a query about these charges you can contact us via http://www.bt.com/mybt or by calling 0800 800 150.

How to pay Go to http://www.bt.com/mybt or call us on 0800 443311 with your account number to hand. Or you could send a cheque made out to 'British Telecommunications pic' to:

BT Payment Centre Durham DH98 1BT (Please write the account number on the back.)

If you don't pay straight away We'll hand your case over to a debt collection agency, you will need to pay additional costs and they might take legal action. Your credit rating may also be damaged."

can we atleast have the POC bit of the requested link filed out or have we got to keep pulling teeth mike.

help us to help you please.

Sorry.

"The claimant's claim is for the sum of £194 being monies due from the Defendant to the Claimant under a Telecom agreement regulated by CCA 1974 between defendant and BT under account ref xyz and assigned to Claimant on 20 March 2016, notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest of [...] £9 "

I don't seem to have a 'default notice' from anyone. Who should it be from?

DN can only be issued by the original creditor.

now they clearly say in the poc that the agreement WAS regulated by the Consumer credit act

have you sent the claimant a CCA request?

[which they MUST comply with providing legally enforceable paperwork to progress the claim?]

and did you

send the solicitors a CPR 31:14 request

to request the documents they intend to rely upon at the hearing?

all very good referring to the DN but if you've not requested it...

No I haven't sent anything, I just filed a defence online when I received the claim - a defence which I now realise may have been going down the wrong track.

The default date on my credit record seems to be nonsense; my last correspondence from BT was August and the default date October, so I don't know where that came from.

I have sent the CPR31:14 to their solicitors by email (no need to post I take it?). I guess that gives them 7 + 1 days to reply.

"Request for Documents in accordance with CPR 31.14

Reference the claim in the CCBC, number XYZ, I hereby request under CPR 31.14 the following documents mentioned in your Particulars of Claim:

1. The agreement. In accordance with Practice Direction 7.3, any general conditions incorporated in the contract should also be attached.

2. Notice of Assignment.

3. The Default Notice

As this claim has not yet been allocated to a specific track, the provisions of CPR27(2) are not in effect.

In accordance with CPR 31.15, you must provide the required documents within 7 days of receipt of this email.

"

Do I have any specific remedy if they don't comply, given that I've already filed my own (dodgy) defence?

Should I also send CCA request, given that I have requested copy of agreement in CPR request?

that's not our cpr 31:14

I suppose it makes little diff as CPR is only a request

they don't have to comply so any time limit is immaterial

the IMPORTANT ONE is the CCA request

they have to comply by law.

get it running tomorrow!!

click the link

read all the posts get it running.

have the mediation service actually rung you to ask their questions?

what did you put on the N180 regarding their 4 questions did you say you have all the required paperwork etc

the mediation service called to arrange the mediation, they said are you ready I said yes, they said do you need any information, I said no. The actual mediation is scheduled for Monday.

N180 is quite barebones, nothing about evidence/documents on there? I just put ok to allocate to small claims, no expert witnesses, witness is me.

go ring them back

tell them you made a mistake and did not understand the questions

the claimant has not provided any paperwork that they intend to rely upon.

unless you do want to try mediation and settle for a small sum but you'll get railroaded IMHO.

I don't mind settling tbh, but not for anything like what they are claiming.

The default I guess at worst case is gone from my credit record sometime this year?

but wheres the signed agreement...???

defaults as well as the whole account vanishes on the defaults 6th birthday regardless to being paid not in an arrangement or not. at all

but if they do get a CCJ its there for 6yrs from issue unless you settle within 28days of judgement.

dx

well if they got a CCJ I'd just pay but that's a long way away at the moment.

I called to move the mediation on the basis of not having received the documents but basically they said there is no point as they can't reschedule so I can just offer them £1 or whatever if I can't be bothered with it.

Nice to see Mediation being impartial