Jump to content


mikehunt69

Lowell claimform - old BT debt***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 970 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, I got a claim from Lowell for an old debt from BT.

 

I submitted my defence which was:

 

(a) time-barred (BT account dates from maybe 2007?, but I'm not sure when the date of the debt is, I closed it quite some time ago)

(b) if not time-barred, then not due, as charges were for broadband usage (£200) which BT did not notify to me until bill arrived.

 

total claim is £200 + costs + solicitor fees.

 

I checked my credit report, and it shows:

 

Lowell

Account start date September 2007

Opening balance £ 190 (I'm not sure why the difference?)

Repayment frequency Monthly

Date of default 28/10/2011

Default balance £ 194

 

First date shown is June 2016 , I guess when they purchased from BT.

 

Now I have a small claims mediation session.

 

I would like to settle, any idea what kind of amount? £50?

 

Also can I get rid of the default on credit report?

Share this post


Link to post
Share on other sites

Why settle if it's statute barred?

Share this post


Link to post
Share on other sites

go ring BT and ask?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

it seems it might not be out of time.

 

So if I want to negotiate with them, how should I proceed?

 

Can I make removing the default part of the deal? Or how is the best way to get rid of that?

Share this post


Link to post
Share on other sites

what do you mean?

you rang BT?

 

 

what did they say?

 

 

don't go rushing to contact or cough up to anyone yet!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

BT said debt was from 5.5 years before the date of the action.

Share this post


Link to post
Share on other sites

Dont give too much away Mike...or we may be able to advise.:wink:#

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

when was your last payment to BT

 

 

not just when they the debt was before date of claimform


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

it looks like I had two accounts (bb and phone) - last payments made April & June 2011 respectively.

Share this post


Link to post
Share on other sites

so we need to know the details from the claimform then please

 

can you fill this out:

 

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Lowell Portfolio 1 Ltd

 

Issue Date 28 Oct 2016

DQ filed by both parties

Defence already filed by me

Claim value £203 + £25 + £50

 

Credit report shows:

 

Account type Telecommunications Supplier

Account start date September 2007

Opening balance £ 194

Repayment frequency Monthly

Date of default October 2011

Default balance £ 194

 

However I checked at the time that this happened and they definitely weren't on there - Lowell have created the credit account in June 2016. I have a saved credit report from 2013 on my PC and there's nothing there from BT either. Not sure if I can work on that???

 

I received a variety of threatening letters variously from BT, SC Gray Solicitors, CCS, and finally Past Due Credit Solutions. The last letter was on April 2012. There was no further correspondence till June 2016, from Lowell.

 

The last letter from BT (August 2011) read:

 

"Debt Recovery Unit You still owe us £ 194.

If you've paid us since we sent this letter, thanks, and you don't need to do anything else.

If not, you need to pay us in the next ten days. If you have a query about these charges you can contact us via http://www.bt.com/mybt or by calling 0800 800 150.

How to pay Go to http://www.bt.com/mybt or call us on 0800 443311 with your account number to hand. Or you could send a cheque made out to 'British Telecommunications pic' to:

BT Payment Centre Durham DH98 1BT (Please write the account number on the back.)

If you don't pay straight away We'll hand your case over to a debt collection agency, you will need to pay additional costs and they might take legal action. Your credit rating may also be damaged."

Share this post


Link to post
Share on other sites

can we atleast have the POC bit of the requested link filed out or have we got to keep pulling teeth mike.

 

 

help us to help you please.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Sorry.

 

"The claimant's claim is for the sum of £194 being monies due from the Defendant to the Claimant under a Telecom agreement regulated by CCA 1974 between defendant and BT under account ref xyz and assigned to Claimant on 20 March 2016, notice of which has been given to the defendant.

 

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.

The claim also includes statutory interest of [...] £9 "

 

I don't seem to have a 'default notice' from anyone. Who should it be from?

Share this post


Link to post
Share on other sites

DN can only be issued by the original creditor.

now they clearly say in the poc that the agreement WAS regulated by the Consumer credit act

 

have you sent the claimant a CCA request?

[which they MUST comply with providing legally enforceable paperwork to progress the claim?]

and did you

send the solicitors a CPR 31:14 request

to request the documents they intend to rely upon at the hearing?

 

 

all very good referring to the DN but if you've not requested it...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

No I haven't sent anything, I just filed a defence online when I received the claim - a defence which I now realise may have been going down the wrong track.

 

The default date on my credit record seems to be nonsense; my last correspondence from BT was August and the default date October, so I don't know where that came from.

 

I have sent the CPR31:14 to their solicitors by email (no need to post I take it?). I guess that gives them 7 + 1 days to reply.

 

"Request for Documents in accordance with CPR 31.14

 

Reference the claim in the CCBC, number XYZ, I hereby request under CPR 31.14 the following documents mentioned in your Particulars of Claim:

 

1. The agreement. In accordance with Practice Direction 7.3, any general conditions incorporated in the contract should also be attached.

2. Notice of Assignment.

3. The Default Notice

 

As this claim has not yet been allocated to a specific track, the provisions of CPR27(2) are not in effect.

 

In accordance with CPR 31.15, you must provide the required documents within 7 days of receipt of this email.

 

"

 

Do I have any specific remedy if they don't comply, given that I've already filed my own (dodgy) defence?

 

Should I also send CCA request, given that I have requested copy of agreement in CPR request?

Share this post


Link to post
Share on other sites

that's not our cpr 31:14

I suppose it makes little diff as CPR is only a request

they don't have to comply so any time limit is immaterial

 

 

the IMPORTANT ONE is the CCA request

they have to comply by law.

get it running tomorrow!!

click the link

read all the posts get it running.

 

 

have the mediation service actually rung you to ask their questions?

what did you put on the N180 regarding their 4 questions did you say you have all the required paperwork etc


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

the mediation service called to arrange the mediation, they said are you ready I said yes, they said do you need any information, I said no. The actual mediation is scheduled for Monday.

 

N180 is quite barebones, nothing about evidence/documents on there? I just put ok to allocate to small claims, no expert witnesses, witness is me.

Share this post


Link to post
Share on other sites

go ring them back

tell them you made a mistake and did not understand the questions

the claimant has not provided any paperwork that they intend to rely upon.

 

 

unless you do want to try mediation and settle for a small sum but you'll get railroaded IMHO.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I don't mind settling tbh, but not for anything like what they are claiming.

 

The default I guess at worst case is gone from my credit record sometime this year?

Share this post


Link to post
Share on other sites

but wheres the signed agreement...???

 

defaults as well as the whole account vanishes on the defaults 6th birthday regardless to being paid not in an arrangement or not. at all

 

but if they do get a CCJ its there for 6yrs from issue unless you settle within 28days of judgement.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

well if they got a CCJ I'd just pay but that's a long way away at the moment.

Share this post


Link to post
Share on other sites

I called to move the mediation on the basis of not having received the documents but basically they said there is no point as they can't reschedule so I can just offer them £1 or whatever if I can't be bothered with it.

Share this post


Link to post
Share on other sites

Nice to see Mediation being impartial :lol:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...