Lowell claimform - old BT broadband debt

[jbb006]

Hi Guys,

 

Very new to this, so any help is very much appreciated.

 

I have received a Claim Form for Lowell Portfolio 1 LTD from Northampton county court business centre, for an alleged outstanding BT broadband debt of £290.00 from 5 years ago.

 

There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but their charges continued unnoticed.

 

I am not sure the best way to respond to this. I have further information, but not sure what is relevant/needed.

 

Thank you in advance for any help!!

[dx100uk]

moved to legals

 

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[jbb006]

Date of issue – 20 Nov 2017

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into an agreement with BT PLC under account ref......

2) The defendant failed to maintain the required payments and the service was terminated

3)The Agreement was latered assigned to the claimant on 27/03/2017 and notice given to the Defendant.

4)Despite repeated requests for payment, the sum of £290.00 remains due and outstanding.

And the claimant claims

a)The said sum of £290.00

b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.064, but limited to one year, being £15.00

c) Costs

What is the value of the claim? £390.00

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Broadband/landline

 

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

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure

 

Did you receive a Default Notice from the original creditor? not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments? Dispute over quality/speed of broadband

 

What was the date of your last payment? Oct 2012

 

Was there a dispute with the original creditor that remains unresolved? Yes but no official complaint was lodged.

 

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

 

Sorry for slow reply, have been super busy. Im not certain on correspondence received in this time as have moved house a few times and been out of the country to. Hopefully there is enough relevant info.

 

Should i complete a CCA request.

 

Thanks for any help!!

[AndyOrch]

CCA requests are not applicable on service accounts....CPR 31.14 only

 

Andy

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[jbb006]

Thanks for the info and help!

 

Have been really busy.

 

Could the process explained above result in me having to go to court, or incurring further charges etc?

 

Im sure I could figure out how to do the things mentioned above,

 

but am not sure what any of it really means or potential results from it.

 

Im considering just paying the unfair and inflated claim as dont want to lose and time is running thin, £390 a lot of money to me atm though.

 

Thanks again

[dx100uk]

get on with it

you are wasting valuable time

 

not seen one of these bogus broadband claims lost here yet.

 

trust CAG use the tried and trusted method in post 5.

 

dx

[AndyOrch]

Thanks for the info and help!

 

Have been really busy.

 

Could the process explained above result in me having to go to court, or incurring further charges etc? Possibly because you would be defending the claim...but not all defended claims go the full process once the claimant knows your not going to role over and accept a default judgment

 

Im sure I could figure out how to do the things mentioned above,

 

but am not sure what any of it really means or potential results from it. If you dont defend it and acknowledge service within 19 days the claimant can request a default judgment

 

Im considering just paying the unfair and inflated claim as dont want to lose and time is running thin, £390 a lot of money to me atm though. Well thats your prerogative ...but all defended claims will proceed to a disclosure stage were the claimant must quantify and prove the amount claimed is genuine.....and £390 appears rather steep for a Broadband and Landline charge which as you state yourself " unfair and inflated claim "...but yet your will ing to hand it over no questions asked.

 

Thanks again

 

Andy

[jbb006]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

I have just complete the steps above

.

get a CPR 31:14 request running to the solicitors

 

[Removed]

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

Thanks everyone who responded for putting up with me, would of given up without your guys help, and now I know for next time

[dx100uk]

Just click CPR 31:14 and read!!

[jbb006]

] Already tried but says no posts in forum. =/

[dx100uk]

well everyone else has managed to find the template..

 

click the black link in your above post

4th sticky down legal CPR 31:14

[jbb006]

Got it, I had to login again

[jbb006]

Sorry for the delay.

 

Should/Can I show you guys the CPR Letter I plan to send to the solicitors or should I send it off?

 

Also any info or help on exactly what 'you MUST file a defence regardless by day 33 from the date on the claimform.' means?

 

Thank you

[dx100uk]

we know what our template looks like.

 

read the claimform - you have a total 33 days to file your defence...

if you don't you lose by default.

 

go read like threads in this forum lots of broadband / homephone claimforms

 

use the search CAG box of the top red toolbar

[jbb006]

Last question from me i hope,

 

Im planning on using the following template which is a very similar claim to mine, im just not sure whether to change the order of the particulars to match how the are on my claim form and therefore have to change the responses? Or whether to leave it as it is adding just the correct numbers and amounts etc.

 

Thanks!

 

Particulars of Claim

 

1.The Claimant's Claim is for the Sum of £XXX.XX 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

 

2.And assigned to the claimant on 24/03/2016 notice of which has been given to the Defendant.

 

3.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 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.

 

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 Claimant has entered into an agreement with the Claimant; and

(b) show how the Claimant 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.

[AndyOrch]

Requires a bit of work.....1. Paragraph 1 is denied with regards to the defendant entering into an agreement...you cant deny entering into an agreement just because they have not disclosed the agreement.

 

 

State the truth as per your opening post .....

 

" There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but their charges continued unnoticed. "

 

Andy

[jbb006]

Will do, thank you very much. I think it was you who helped with this template originally =)

[dx100uk]

that's not your POC from YOUR claimform either!

[jbb006]

That is what i meant.

 

If i change to all my poc's then im not sure how to repsond to them all individually,

will do my best to put some answers using similar examples,

to my pocs and post if ok.

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+defendant+failed+to+maintain+the+required+payments+and+the+service+was+terminated&sa=Search+CAG#gsc.tab=0&gsc.q=The%20defendant%20failed%20to%20maintain%20the%20required%20payments%20and%20the%20service%20was%20terminated&gsc.page=1

[jbb006]

1) The defendant entered into an agreement with BT PLC under account ref......

2) The defendant failed to maintain the required payments and the service was terminated

3)The Agreement was latered assigned to the claimant on 27/03/2017 and notice given to the Defendant.

4)Despite repeated requests for payment, the sum of £290.00 remains due and outstanding.

And the claimant claims

a)The said sum of £290.00

b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.064, but limited to one year, being £15.00

c) Costs

 

 

 

1 not disputing this? Really not sure about response

 

2. There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but their charges continued unnoticed.

 

3 Paragraph 3 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 Claimant has entered into an agreement with the Claimant; and

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

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

 

4. As per Civil Procedureicon Rule 16.5(4), 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.

 

 

Am going to be sending this in next day or two so any corrections or advice much appreciated.

 

1) The defendant entered into an agreement with BT PLC under account ref......

2) The defendant failed to maintain the required payments and the service was terminated

3)The Agreement was latered assigned to the claimant on 27/03/2017 and notice given to the Defendant.

4)Despite repeated requests for payment, the sum of £290.00 remains due and outstanding.

And the claimant claims

a)The said sum of £290.00

b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.064, but limited to one year, being £15.00

c) Costs

 

 

 

1 not disputing this? Really not sure about response

 

2. There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but their charges continued unnoticed

 

3 Paragraph 3 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 Claimant has entered into an agreement with the Claimant; and

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

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

 

4. As per Civil Procedureicon Rule 16.5(4), 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.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?474962-Lowell-claimform-old-O2-Debt***Claim-Discontinued***

post 10

[jbb006]

thanks dx

[AndyOrch]

Post your final draft here for checking before submitting jbb

 

Andy