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    • that was a good saving on an £8k debt dx
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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BT Connections & Billing


KarlG
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Hi all,

 

I will try to keep it as short as possible as it is my first post :)

 

In October last year my Fiance' & I moved home. Regular contact with BT was made due to an outstanding balance on our account which was to be transferred to the new address and a payment plan to be set up.

 

We WERE informed that there would be no charge for setting up the new linedue to my fiance' kicking up a stink (go girl!) and refusing to pay the fee.

 

Once settled into our new house, I contacted BT to arrange to get a broadband package (Home Hub). No problems. Hub was delivered when they said it would. But then I set it all up.....

 

It didn't work at all. I called BT who advised the line would not be activated for Broadband until midnight. So, being the nice guy I am, I gave them the benefit of the doubt.

 

Next day, still no Internet working. I called BT again and was advised that Hub must be faulty and a replacement would be sent. I wasn't happy, but relieved that something was being done.

 

A couple of weeks later, the new HUB still hadn't arrived. However, on the off chance, I plugged the first HUB in, and miraculously it worked.....sometimes!!!

 

I forgot about the 2nd HUB they were meant to be sending until one random day (around 2months after being told it would be delivered) I came home from work to find a new HUB stuffed under the hedge by my front door. Being very confused, I called BT, they told me to just use the new HUB and that they had record of it being delivered around 6weeks before!!! Confused yet???

 

I left it at that, used the new HUB and broadband worked fine.

 

Now I have been Cut-off for not paying my £486 bill which has just come through and is the first letter from them since I moved in nearly 6 months ago. I have tried explaining this to them and it also is showing on my bill as two Broadband packages!!!

 

They do not seem interested. I can no longer call them as they have cut-off the phone line. The only way I can contact them is by using a neighbours wireless connection via BT's "Live Chat" tool.

 

The lady I spoke to in the "Live Chat" was useless. She told me there was only broadband package on the account and that the bill was the amo0unt it was because it had not been payed since May 2009!

 

I'm at the point where I just don't know what to do any more. I have recently been made redundant and I am struggling to find a job. Without the phone or interent it is even harder to find a job!

 

I'm sorrry for the essay, but if anyone has any advise and/or information it would be greatly appreciated :)

 

Thanks in advance

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Welcome to the forum.

 

This kind of story is typical of the kind of nightmare scenario that lots of people find themselves in.

It spirals and the company - BT in this case simply close up, get defensive, see you as some kind of threat and because they are bigger than you they generally get their way in the end.

 

of course, you need to be ready for where this goes now.

 

You will get into an argument about the outstanding amount, BT will mark your credit file and start debt collection against you using all sorts of organisations that will simply assume that you are somebody who simply doesn't want to pay their debts. As soon as they receive your get file from BT, they will probably mark your credit file as well. After that, any time that you want to get credit, you will find that you won't be able to. If you do want to borrow any money then it will have to be at very excessive lending rates because you are such a poor risk.

 

Only a year or two ago you could have gone directly to the communications regulator and complained about it. They were very good. They would start off by telephoning BT and generally speaking they would have it sorted out the same day and call you back.

 

Now the OFT have invented Consumer Direct. This is a new buffer zone and barrier to getting things done quickly and directly with the customer services department of the company that you are trying to deal with. They also seem to be very limited and quite defensive and also want to channel you off into some procedure.

 

It is all very exhausting. The company wins: the customer loses.

 

If you want to take matters into your own hands, you can deal with it quickly and efficiently that you will have to be prepared to issue a call claim. If you are prepared to do that then stop reading and just go to Consumer Direct.

 

I would suggest that you write a letter to British Telecom outlining in bullet points everything that has happened so that it is very clear to anyone who reads it -- especially a court (because this is where it will go).

 

Lay out very succinctly what solution you want and then tell them that you want a reply within 14 days.

 

If they don't respond - meaning if they don't respond completely positively (and they won't) then send them a 7 day LBA making it clear that you will sue them in the County court.

 

If you are only bluffing about this then don't bother to make the threat. Don't for a moment imagine that by sending the 14 day letter that they will get frightened and sort things out. They won't. The real purpose of the 14 day letter is to get everything done in writing and to show the court the details of your case and also to show the court that you have tried to enter into proper reasonable dialogue with them.

 

If you try to bluff them, or if you don't carry out your threat exactly as you have made it, then you will lose all credibility.

 

At the end of the seven days, you simply issue a claim for breach of contract. It is clear that BT have a contract with you to provide certain services and also to run your account correctly and accurately. They have not done this.

 

I rate your chances of winning in the County Court at better than 95%

I rate your chances of getting a result without a County Court claim at less than 10%

I rate the chances of them receiving the claim and then sorting everything out in order to avoid legal action as better than 75%

 

Starting the claim is cheap. You will get your expenses back. Once BT have received the summons, watch them leap into action and start the whole dialogue with you. You will think that it is magic!

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Thank you sooo much BankFodder :). That is enormously helpful. I am now currently writing my letter to BT. Yey!!!

 

However, I am still unsure as to some of the points you mentioned.

 

Would I need a solicitor for the latter stages of what you have explained? I have never had to go to court before so the prospect seems a little daunting. But if I can be confident about what I am going in for then I don't think I would have a problem.

 

Also, what is a LBA? It is not something I believe I have come across before.

 

Finally, in my letter to them, do I ask for the charges that have been added on there for installation & for the second broadband package to be refunded?

 

All I want is to be able to have my phone & internet re-connected and to be billed for the correct amount. Is this what I put to them.

 

Apologies if any of this is actually solved with common sense. I have never really been put in this position before, where I am effectively being told by BT that I am lying. It infuriates me in that it seems that there is no-one there that cares.

 

Thank you again so much for your help, it is greatly appreciated :)

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  • 1 year later...

Hi Karl G

Sorry this is a year late hope you got a satisfactory result with BT. I did.

Took Them To Ofcom (Obusdman) It Took us two attemps but after paying £10 to Bt to get your transcript ( all call recorded from yourself to BT) the Obusdman re-opened our case. 18mths of hassel but worth it . we still waiting for Bt to communicate with our compensation...ironic as they ment to be a communication company . In future remember as ive learnt via a solisitor You can always appoint issues to your local MP. That will be my next step. I wont let any BIG company think they can Bully Me LOL

good luck anyway

sarah

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