Can I make a claim against BT for unlawful rescission?

[GhostDebt]

Brief intro.

 

This is initially just a query to see if anybody thinks this is possible.

 

We were paying BT £xx per month by direct debit as a monthly payment plan.

We then changed our package with BT and when the next monthly payment was due it bounced as they had changed the payment to £yy and there was not sufficient in the account to cover it. (There was sufficient to cover £xx though). I spoke to BT and they agreed to refund us the bank charges we had incurred because they had breached the direct debit guarantee. So all seemed ok.

 

However, BT sent us a DN asking for the payment of the arrears being £yy. Now the DN is served under section 87(1) CCA 1974 but only gives 9 days from date of DN to date to remedy by. Therefore is a dodgy DN.

 

We have now received a letter saying the monthly payment plan has been cancelled and to pay the whole bill within 7 days or there may be restrictions to services.

 

The question is. Is this unlawful rescission as is the normal case for termination after a dodgy DN and can I issue a claim against them for damages, ref - Kpohraror v Woolwich Building Society ??

Any comments appreciated.

Many thanks

[GhostDebt]

Any thoughts on the above?

[citizenB]

Hi GD, well if the DN only gives you 9 days to remedy then it isnt correct.

 

I think you would do best to contact diddydicky or vint1954 who have a better understanding of recission of contract than I do.

 

HTH:)

[GhostDebt]

Thanks for the prompt reply CitizenB.

Will give them a nudge.

 

Regards

[diddydicky]

if it is regulated by the CCA then clearly it is an unlawful rescission

 

However, if you NEED not to burn all your bridges with BT (and i suggest never say never with phonelines etc) then i would "qualify" my acceptance of their unlawful rescission with an olive branch to come to some sort of resolution

 

how much is involved?

[GhostDebt]

Well the DN said it was issued in accordance with the CCA so therefore if its not correct the agreement has been rescinded unlawfully?

 

Its not a lot involved to be honest, I'm just seeing what leverage I have if they start to restrict any of our services.

 

They still haven't refunded the bank charges caused by their breach of the DD guarantee which they said they would.

 

So, just getting a feel for the situation to be honest.

[diddydicky]

you have a strong hand go for it!

[GhostDebt]

Just a quick update.

 

BT have now agreed to refund the bank charges, but they did suspend broadband services.

 

Will post up the docs about this because I'm still wondering about the unlawful rescission aspect and whether I have a chance of claiming anything.

 

Regards