I have received a County Court claim form for Lowell Portfolio 1 Ltd for an old BT debt 10 years + for £290 incl. fees and costs

Can anyone point me in the right direction to a Defence Template I can use

I have already requested further information from Lowell as I do not acknowledge the debt as it is so old and have since had other accounts with BT over the years but yet to receive a reply

I have till the 13th Dec to submit my defence

Thank you

Hi matt and Welcome to CAG. I have moved your thread to the appropriate forum.

If you would read the following link and then copy and paste the Q,s and your responses back here for further advice on how to proceed with the claim form.

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

Regards

Andy

Name of the Claimant ? LOWELL PORTFOLIO 1 LTD

Date of issue – 29TH NOVEMBER 2017

What is the claim for – .

1) The Defendant entered into an agreement with BT PLC under account reference WN******** ("the Agreement")

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The Agreement was later assigned to the Claiment on 24/03/2016 and notice given to the Defendant

4) Despite repeated requests for payment, the sum of £199.30 remains due and outstanding.

And the Claiment claims

a) the sum and interest blah blah

What is the value of the claim? £290

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT PLC BROADBAND?

When did you enter into the original agreement before or after 2007? Doesn't say the date I'm pretty sure before

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. Assigned to the claimant 24/03/2016

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Not sure

What was the date of your last payment? Not sure

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

What are their particulars of claim. Exactly how it appears on the claim form

You also need to call BT and find out when the last payment was made

" I have till the 13th Dec to submit my defence "

You have until Friday 29th December to submit a defence...33 days from and including the 29th Nov.

If you require help with a defence it is advised you try to find out further information rather than " not sure "

Andy

Hi Matt - Did they send you a letter of claim by any chance?

Anything about Pre Action Protocols?

1) The Defendant entered into an agreement with BT PLC under account reference WN******** ("the Agreement")

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The Agreement was later assigned to the Claiment on 24/03/2016 and notice given to the Defendant

4) Despite repeated requests for payment, the sum of £199.30 remains due and outstanding.

And the Claiment claims

a) the sum and interest blah blah

Last payment was made pre 2007

I can confirm the last payment would of been in 2006 - 11 years ago

Yes I was sent a Letter of claim

" I can confirm the last payment would of been in 2006 - 11 years ago "

Then all you need is the statute barred defence which you can submit today.

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of (£insert full claim amount) or any other sum, or relief of any kind is denied.

Thank you Andyorch I will submit the defence today

not sure why you though it was the 13th to file

its the

that's the 2nd jan with holicays etc by my calendar ?

p'haps you meant acking the claim which is 19 days total

29th Nov +33 = Sunday 31st Dec + 1 Boxing Day Monday 1st Jan (Courts Closed) submit Friday 29th or now as its statute barred.