Lowell/BW Legal claimform - Old BT Broadband Debt***Claim Discontinued***

[reallyinthecrap]

Hello all. Merry Xmas!

 

Many years ago, but not 6, I had a bust up with BT about over usage of my broadband. They insisted that I had used too much data and wanted over £200 from me.

 

I ended up talking to them a number of times and was insisting that I had had no notification of my over usage and as such had not had a chance to cut down... They refused that argument and insisted that I owed the money.

 

They then sold the debt to BW Legal. I had the proper notification.

 

In the past few months I have been getting numerous letters from BW Legal relating to the debt which I ignored.

 

Then on the 8th I received a Claim Form for the amount claimed of £195.21 + £25 Court Fee + £50 Legal Costs totalling £270.21.

 

Obviously I have very little time left to decide what to do.

 

I still feel that I don't owe BT this money.

 

Do you think I should defend?

 

 

Do they have the information from BT needed to defend?

 

Any help would be greatly appreciated.

 

 

Thanks

[dx100uk]

Have you ack'd the claim AOS?

[reallyinthecrap]

No. I have done nothing unfortunately.

 

 

So. I think I am already too late?

[dx100uk]

Get it done

And get a CPR 31:14 running to the sols

Today!!!!

[reallyinthecrap]

Hi dx...

 

trying to get into MCOL now...

 

and downloading the CPR.

 

Thanks

[reallyinthecrap]

Hi,

 

 

I had done the AOS on moneyline.

I have completed the CPR3.14 and emailed

I am on my way to the Post Office to post a hard copy of the CPR 3.14.

 

 

What next?

[dx100uk]

read up on like mobile threads

don't miss your defence by 4pm Monday 9th jan

[dx100uk]

when you get a minute

fill this out please

 

 

so's we have the correct info to properly advise you.

 

 

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

 

 

dx

[reallyinthecrap]

Sorry for the delay. The notification went into my spam folder...

 

Thanks for the continuing help!

 

What is the claim for –

 

1.The Claimant's Claim is for the Sum of £184.85 being monies due from the Defendant to the Claimant under a Telecommunications agreement regulated by the Consumer Credit Act 1974 between the Defendant and BT Plc under the account reference XXXXX and assigned to the claimant on 24/03/2016 notice of which has been given to the Defendant.

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( a daily rate of £0.04 from the date of assignment of the agreement to 07/12/2016 being an amount of £10.36

 

What is the value of the claim? £195.21

 

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile

 

 

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? Issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments? I was not aware that I had gone over my monthly data limit.

I was unable to get into my account to check any information.

They had been sending notifications to an old, unused email address.

I had no knowledge I was incurring additional costs.

 

What was the date of your last payment? Not sure. At least 3 years ago

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[reallyinthecrap]

Hello chaps!

 

Still no reply to my CPR request.

 

Would this be a good defence?

 

Thanks

[AndyOrch]

If you could post the date on the claim form then we can keep an eye on your defence date.

 

Andy

[reallyinthecrap]

The Issue Date was 8th December 2016

 

 

Thanks

[AndyOrch]

The Issue Date was 8th December 2016

 

 

Thanks

 

 

Defence due Monday the 9th or Tues at a push with the days grace for Christmas Day.

[reallyinthecrap]

If they don't respond to my CPR request does that help with my defence please?

[dx100uk]

Ideally you don't want them too!!

[AndyOrch]

If you have looked at examples of the defences used when a CPR/CCA has had no response or compliance you would already know the consequences and advantages to a defendant.

[reallyinthecrap]

Tomorrow is the deadline for submitting my defence for this and I have received no response to my CPR 3.14 request.

 

 

I have used the search system to try and track down a "template" defence using a number of search terms... "CPR 3.14 defence", "CPR not received" etc but cannot find anything suitable.

 

 

Would anybody be able to advise me on the correct defence please?

 

 

DX - you said earlier that ideally I wanted them not to respond. Is the fact that they haven't enough to stop this claim or does it just delay it further please?

 

 

Thanks

[dx100uk]

you mean stay the claim.

 

 

you file your defence they have 28 days to do 'something'i

if they don't

the case gets stayed

and they'll have to pay more fees to lift the stay and proceed.

 

CPR is nowt to do with defence as such

which is why you aint found one.....

 

BW claimform mobile

in the search CAG box of the red toolbar should find you the holding/no paperwork defence you need

 

 

post it up here first mind

[reallyinthecrap]

I think I have tracked down the correct defence at this link

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458123-cabot-hassall-claimform-CAp1-Card-debt-***Settled-by-ADR-Mediation***&p=4854582&viewfull=1#post4854582

 

 

How does this look?

 

 

Defence Statement

 

The Defendant contends that the particulars of claim are vague and generic in nature.

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

The claim is denied with regards to an amount due under an agreement.

 

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

On receipt of this claim the Defendant requested information on 22nd December 2016 pertaining to this claim from Lowell Portfolio 1 Limited by way of a CPR 31.14.

 

To date I have yet to receive a compliant response.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) Show and disclose how the Defendant has entered into an agreement; and

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

I am unsure what the paragraph about CPR 16.5 means so not sure if I should be leaving that bit in?

[dx100uk]

that's a credit card defence.

as I said use our search cag box for BW claimform mobile

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=BW+claimform+mobile+&sa=Search+CAG#gsc.tab=0&gsc.q=BW%20claimform%20mobile&gsc.page=1

[reallyinthecrap]

Hi Guys...

 

Today is my deadline for this.

 

I know you are getting frustrated with me but I have searched and been unable to find a sample defence for the lack of response to my CPR3.14 request.

 

I am really sorry.

 

I have found this thread and read it 3 times but cannot see anything to help me

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457001-Lowel-BW-claim-form-EE-mobile-phone-debt

 

The other thing is that this doesn't relate to a mobile bill - it's a landline bill... not sure if that's relevant.

 

I'm really sorry about not being able to find the sample defence... Can you help please?

[dx100uk]

if you look.........

their POC is exactly the same in that thread

as it is on yours

 

 

so simply change the defence used to reflect your situation

[dx100uk]

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

 

 

1.The Claimant's Claim is for the Sum of £184.85 being monies due from the Defendant to the Claimant under a Telecommunications agreement regulated by the consumer credit Act 1974 between the Defendant and BT Plc under the account reference XXXXX and assigned to the claimant on 24/03/2016 notice of which has been given to the Defendant.

 

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( a daily rate of £0.04 from the date of assignment of the agreement to 07/12/2016 being an amount of £10.36

 

.

1. Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. Paragraph 1 is further denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the claimant nor the original creditor

 

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

.

3 . the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

.

5.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 take into account the fact that the provider no longer has to provide and pay for their service.

.

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

.

nicked from andyorch

[reallyinthecrap]

Many thanks... I was still looking but still could not find it...

 

 

I will remove part 5 as early termination does not apply in my case...

 

 

So the defence I will submit will be this:

 

 

1. Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Does that look ok please?

[reallyinthecrap]

ignore the above please... something is going wrong with my posts