Lowlife claimform - old BT Landline 'debt'

[pollie25]

Hi There,

Just after a little advice.

Got a claim form on Saturday from Lowell for an alleged debt with BT.

 

I have been online and acknowledged it and said I am going to defended the claim.

 

 

I know that this debt is statute barred and it doesn't show on my credit file.

 

 

The alleged debt is at least 8 years old

cause I have been with Sky tv for the last 8 years.

 

 

I have no knowledge of an amount outstanding with BT.

 

Do I need to send a cpr31.14 request to Lowells and then just use the statue barred as my defence.

[Guest]

to start, do this link

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

[pollie25]

Ok will do thanks.

[pollie25]

Name of the Claimant Lowell Portfolio LTD

Date of issue – 8th November 2016

What is the claim for –

 

 

1.The defendant entered into an agreement with BT PLC under account reference xxxx ('the agreement')

The defendant failed to maintain the required payments and default notice was served and not complied with.

The agreement was later assigned to the Claimant on the 24/03/2016 and notice given to the defendant.

 

2.Despite repeated requests for payment the sum of £173 remains due and outstanding.

 

3.And the claimant claims

A) The sum of £173

B) Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date if issue, accuring at a daily rate of £0.038, but limited to one year, being £8.60.

C) Coats.

 

What is the value of the claim? Total amount £256.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No

 

When did you enter into the original agreement before or after 2007? 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.lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? No don't think so

Did you receive a Default Notice from the original creditor? Can't remember

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

Why did you cease payments? Can't remember

 

What was the date of your last payment? Can't remember

 

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

[Guest]

yes, to start off do then a cpr 31.14 request; they have mentioned an agreement, def notice, and assignment. whether they will reply to it or not...

then keep in mind the sb defence for anytime before the deadline, if sure it is barred.

or, if absolutely sure, then just do the sb defence.

[pollie25]

Thank you will send it off tomorrow.

Is there a charge for a cpr request.

[Guest]

no charge

[dx100uk]

so what is the debt about

old landline bill?

[dx100uk]

id just file the SB defence

no need to waste money on postage of a CPR

up to you

 

the sb defence is absolute

so by sending a CPR you indicate doubt?

 

go file the SB defence now

and be done with it.

 

they'll have to produce paperwork if they wish to proceed

so makes the CPR pointless on an SB defence anyway

 

The following defence is all you need if it is SB

 

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 figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

 

 

dx

[pollie25]

Ok dx will go and do the defence now.

Thanks for your help. Oh and yes it's a old landline account.

[dx100uk]

probably bogus termination fees or charges till the end of the [lost[ contract.

 

lowells hoping for a default rubberstamped judgement

where nothing is checked

 

shame you found cag and knew to always defend all regardless.....

[pollie25]

Yes I've read on here about the Lowlifes. Let's see what comes back from it. Thanks again.