Advice needed - Lowell Chasing BT Debt

[jimbob111]

Hi

 

Hoping for some advice here.

 

Held a BT account for a few years at a previous address.

I left the address back in 09/2013 and notified BT to cancel the account via phone.

I was a couple of months in arrears at the time and was told that a final bill would be sent.

I never received anything after that, and to be fair (much to my stupidity), I didn't chase them.

 

here we are a few years later

I now have now Lowell chasing me for a total sum of £700+ at my current address.

I have ignored them so far and they have offered discounts of up to 30%

but now are moving onto the typical threatening tactics to pass onto solicitors for court action.

 

Aware that I am unable to CCA request them since it's a telecoms contract I did an SAR to BT for info on the account.

I have received the SAR back from BT but it is very scarce to say the least.

 

I have an account statement and screen notes from their customer service system and thats it!

There are no copies of any correspondence for any bills, final bills, demands, default notices or information regarding passing onto a DCA.

Also there is no information regarding my contact to cancel

 

the reason why the bill has gone so high is because they continued to bill me for nearly a year after it should of been cancelled!

I estimate the final bill should of been around £250

 

Last payment on account 06/2013

Moved out 09/2013

BT terminated account 07/2014

DCA has registered default on credit file for 02/2015

 

Im considering 2 options here,

just wanted to get peoples thoughts or perhaps an alternative approach?

 

1) Offer to settle with DCA at a discount on the basis that default date is changed to reflect when the account "should?" of put into default

(i.e. change from 02/2015 to end of 2013)

 

2) Open dispute with BT stating that I don't have all the info in the SAR and state the account should of been closed back in 2013,

offering them to pay the full balance at the time I moved.

 

Would they consider purchasing back from the DCA in this case if I agree to settle with them?

Would also send a letter to Lowell stating the account is in dispute with the original creditor so they cease any activity for a couple of months.

 

Ultimately I would like to settle but have the default either removed or date changed to 2013.

 

What do you all think?

Sorry I know its a lot of blurb, appreciate any suggestions and happy to answer any questions

 

Cheers

[dx100uk]

BT registered the default upon sale, DCA's cant register defaults they are not a creditor but a debt buyer.

 

complain to BT that [at the time] ICO guidelines dictated that a default should have been registered within 3- 6ths of the last payment

if they fail to correct the error you will open a complaint to the ICO seeking financial compensation too.

 

you also need to understand the following:

 

should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract,

OFCOM guidance clearly states that any Early Termination Charge,

that is made up of the entire balance of 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.

[jimbob111]

Hi

 

Thanks for your quick reply.

 

I will look into formulating a response to BT.

 

For info,

Already with BT I agreed to a new 18m deal in 12/2011 for phone line and fibre, billed quarterly

After leaving address in 09/2013 they continued to bill quarterly on 11/2013, 02/2014 & 05/2014.

Termination is listed as £11 credit in 07/2014

[dx100uk]

I left the address back in 09/2013 and notified BT to cancel the account via phone.

 

there should be no default showing at all.

 

dx

[jimbob111]

Thanks, will engage with BT then and notify DCA that account is in dispute with original creditor to ensure they cease collection activity.

[dx100uk]

ignore the DCA.

 

dx

[jimbob111]

Hi DX

 

Noted, won't contact the DCA then.

I'm pretty bad at writing letters, if I paste up my draft here would you mind checking it over and make any suggestions or edits?