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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***


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With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in full in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

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Responding to your PM

 

There are few points that need clarification first before you can finalise your defence bgizzle ...firstly.....

 

What was the date of your last payment to the account..? you state it was defaulted Nov 2008.

 

The second is with regards to the PPI refund...was the balance reduced by said amount of £340 ? Is the claim amount of £384 correct?

 

Regards

 

Andy

 

But it wasn't settled in full was it ?

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That was my understanding at the time but looking back it appears not. So let me rephrase

 

With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

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No...you are only dealing with the balance...the PPI is history

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Unless of course the PPI should have cleared the full balance?

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Okay. I'll leave that out. please see below and confirm if this is sufficient?

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 Defendant has not paid any part of this debt in the last six (6) years.

 

4. The Claimant's claim to be entitled to payment of £384.82 or any other sum, or relief of any kind is denied.

 

 

5. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 and CCA but the claimant has failed to comply with this request.

 

6. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

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Confine defence to what Andy gave you. Everything you've added is either repetition [no.6], superfluous [no.3] or not appropriate at this stage [no.5].

 

The shorter, the sharper.

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Thanks @ Oleg - I'll revert to the original 3 provided by Andy

 

@ Andy - I have also just found out that the date of assignment (according to cap1) differs from date BW/Lowell have stated on claim. When is an appropriate stage to highlight this and them not responding to CPR and CCA requests?

 

Apologies for appearing a bit silly but legal matters turn one into a bumbling fellow

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You dont....once a SB defence has been submitted there is nothing further to add...hence Olegs post

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Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 acticon 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 £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

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Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 acticon 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 £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

 

Just paste into the mcol form

 

You should receive acknowledgment Monday.

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Strange that: most of us adore them with an undying exquisite passion.

 

Urgggggggggggggggggggggggggggggggggggggggggggggggggggg!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! plop!:smash::director::fencing::brick:

:mad2::-x:jaw::sad:
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  • 1 month later...

Update since submission - Courts sent acknowledgement receipt of defence letter a couple of days after submission via MCOL. They advised a 28 day timeline for BW/Lowell to respond else claim will be stayed. Its now 1st Dec and I've heard nothing back.

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The same as 95% of claims we deal with...very few ever do respond.

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Its 28 + 3 ...same as for you submitting the defence.

 

Andy

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Only if they respond...then you will receive a Directions Questionnaire to submit.

We could do with some help from you.

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You mean if they (BW Legal) respond to the court? If yes they already did and their letter to the court which I have been cc'd to reads

 

"The Court Manager,

Northampton County Court (Bulk Centre)

 

Claim No: XXXX

Lowell Portfolio v xxxxx

 

The claimant intends to continue with the claim,

 

We confirm that we have sent a copy of this letter to the defendant

 

Yours faithfully,

BW Legal"

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Well just wait until you get the DQ and then you will know if the above is genuine.:-)

We could do with some help from you.

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