Lowell has written to me concerning this debt on the 23rd of Jan 2020.
We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account.
• Agreement start date: 19/06/2014
• Application address: Flat 4, 3 Kempsford Gardens
• Tariff Description: Phone BB Hardware
• Disconnect Reason: Cessation by BT
• Original Creditor: BT Retail Consumer
• Mobile Number:02078351401 ( this is a landline )
• Client last payment date: 16/12/2014
• Client last payment value: 86.16 this is not £499.00
• Default date: 27/08/2015, this doesn't square with last pay date.
• Airtime Debt Value:257.94
• Early Terminate Fee:241.99, can they charge this?
• Billing Date:27/03/15
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Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure.
We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.
I obtain the SAR. it is attached: this is all they hold.
1. Can you explain the implications of the response and the SAR as far as Lowell being able to collect the debt?
2. I responded to Lowell with this letter:
Lowell Financial Ltd.
I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response.
I deny any breach of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response.
I deny that I have failed to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you.
a). Lowell appears to admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.
b). It is further denied any funds are due Lowell because the Lowell appears to have sold this debt to another firm in 2019. Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me.
I deny owing any money to Lowell and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes:
a. Show how the I entered into an Agreement.
b. Show how I have reached the amount claimed for.
c. Show that I failed to maintain the required payments and the service was terminated as claimed.
d. Show that the statute of limitations on this alleged debt has not passed.
7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.
8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service. You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me.
9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014. Alternatively remove any debt you allege is owed because back billing and billing for unused services is not allowed.
10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013.
11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation:
You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs.
I received the email below last night: "I can see that we also hold the following account details for you:
Original Client Reference
I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.
1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan.
2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? .
3. how can I get Lowell to stop collection if BT doesn't respond?
what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?
"The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".
If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both.
how should I respond?
In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.
Can you give me some suggestions on how I unravel this and respond?
I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out.
My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.
Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?
thanks in advance for any advise.
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