Lowell/BW Claimform - old BT Debt ***Claim Discontinued***

[Janet the Planet]

Hi, and thank you in advance to anyone who offers help in this matter. I am new here, and somewhat blown away by the kind and helpful people who appear to frequent this forum! =-)

 

On the 12/01/18 I received a county court claim from BW Legal, regarding an alleged debt owed to Lowell Portfolio, arising from an alleged debt owed previously to BT. This is for £160 + costs, meaning the total allegedly owed to Lowell is £250.

 

The particulars of claim mention a contract between myself and BT. It has been a number of years since I had a contract with BT, and I have no recollection of ever owing them any money.

 

I found the default on my credit report, where it is stated that I opened this account on 28/12/13. It seems unlikely however, that I would open a new BT account at this time, as would have been preparing to move out of that particular property less than a month later. I also thought it unlikely that I could run up a bill of £160 in less than a month.

 

With all of this doubt concerning the debt, I sent a CPR request to BW Legal asking for the documents mentioned in the particulars of claim (Contract, deed of assigmnent, default notice). I also filed my defence online on the grounds that I do not recall the account with BT.

 

BW Legal have since replied to say that their client wishes to continue with the claim. Though they have not provided me with any of the information requested.

 

On the Mcol website it says the court have sent me the directions questionnaire a week ago, though this has yet to arrive.

 

So I have come here for the following advice -

 

Is there anything else that the court will expect me to have done so as to 'refresh my memory' regarding this debt? (Should I send an SAR request?)

 

Should I be concerned that the directions questionnaire has yet to arrive?

 

Any other advice would be very much appreciated.

 

Thank you

 

Janet

[AndyOrch]

Hi Janet and Welcome to CAG

 

I have moved your thread to our Financial Legal Issues Forums..as the norm when a member receives a court claim.

 

If you could read the following link and then copy and paste the Q,s and your responses back here so we have all the history and details of the claim in one post...then we will advise from there.

 

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

 

Regards

 

Andy

[AndyOrch]

Link to DQ N180...which you can complete on screen and print 3 copies.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

[Janet the Planet]

Thank you so much for the incredibly quick reply Andy! I have copied and pasted the questions into this post........

 

Name of the Claimant ? Lowell Portfolio 1 LTD

 

Date of issue? 12/01/2018

 

What is the claim for?

 

Particulars as per N1...

 

The claimant's claim is for the sum of £160 being monies due from the defendant to the claimant under a non regulated telecommunications agreement between the defendant and BT PLC, assigned to the claimant on 27/03/2017 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 pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.03 from the date of assignment to being an amount of )

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? - I don't think so, though all the correspondence are documents being passed to me from a previous property.

 

What is the value of the claim? - £250

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? - No it appears to be for a 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 purchasor.

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I don't think so.

 

Did you receive a Default Notice from the original creditor? - No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Perhaps at my old address, however these were not handed to me when the claim forms were.

 

Why did you cease payments? N/A

 

What was the date of your last payment? N/A

 

Was there a dispute with the original creditor that remains unresolved? N/A

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

Thank you again for any help =-)

Edited February 26, 2018 by Andyorch
Particulars added

[AndyOrch]

Thank you Janet......if you could get the particulars we require it verbatim less any identifiable data.

 

With regards to the following question......read the following link...it will be come important as the claim proceeds.

 

" Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? "

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

If you could also post a copy of your defence that you submitted that would be helpful.

 

Do not submit the DQ until your advised by the court

 

Regards

 

Andy

[Janet the Planet]

Hi and thank you again Andy!

 

I am about to read through the pre-action protocol info you linked me to, and I will update the particulars of claim verbatim this evening.

 

In the meantime I have added the defence I submitted below.....

 

 

IN THE NORTHAMPTON COUNTY COURT (CCBC)

 

 

Claim No:

BETWEEN:

 

 

Lowell Portfolio 1 Limited CLAIMANT

 

And

 

DEFENDANT

 

 

 

 

DEFENCE

 

 

1. I received the claim from the Northampton County Court

dated 12th January 2018.

 

2. Each and every allegation in the Claimants’ statement of case

is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for an unregulated telecommunications

agreement.

 

4. The Claimants’ statement of case fails to give adequate

information to enable me to properly assess my position with

regards the claim.

 

5. The Claimants’ statement of case states that the account was

assigned from BT to Lowell Portfolio. The Defendant

does not recall receiving notice of this assignment.

 

6. The claimant is put to strict proof that a notice of assignment

was issued in accordance with the Law of Property Act 1925.

 

7. On the 15th January 2018 I sent a request for inspection of

documents mentioned in the Claimants’ statement of case under

Civil Procedure Rule 31.14 to BW Legal Solicitors. I

requested the Claimant provide copies of the contract between

BT and the Defendant, the Deed of Assignment, the

Notice of Assignment and of the Default Notice.

 

8. BW Legal or Lowell Portfolio 1 have not sent

any of these documents to me.

 

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a

money claim, a defendant shall be taken to require that any

allegation relating to the amount of money claimed be proved

unless he expressly admits the allegation. Therefore It is

expected that the Claimant be required to prove the allegation

that the money is owed as claimed.

 

10. On the 26th January 2018 I received a letter from BW Legal

advising that this case had been put on hold while they obtain the

appropriate documents from Lowell Portfolio 1. They advise that

they will make contact in approximately 30 days.

 

11. I request the court orders the Claimant to provide the

necessary documentation in order for me to fully plead my case

else the Claim should stand struck out.

 

12. In the event that the relevant documents are received from the

Claimants I will then be in a position to amend my defence, and

would ask that the Claimants bear the costs of the amendment.

 

13. It is denied that the Claimant is entitled to the relief as

claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are

true.

 

 

 

Signed...

 

Dated... 6th February 2018

[AndyOrch]

Excellent.....in the meantime you could ring MCOL and ask if they have dispatched DQs...if so and yours has gone adrift use the link provided in post#3

[fkofilee]

You need to remove the part about Deed OF Assignment.

[AndyOrch]

You need to remove the part about Deed OF Assignment.

 

Defence has already been submitted...we can distance on that as the claim proceeds.

[Janet the Planet]

I have read through (most of!) the Pre-Action protocol. I can not say with 100% certainty that they didn't send a Letter of Claim, though I am quite sure that, I have never had sight of such a letter. The protocol appears to suggest that they should provide information concerning the original agreement, (dates, parties to it, amounts etc). This info would have likely been sufficient to remind me of the alleged debt, and is the type of information I had hoped they might provide in response to my CPR request.

 

I am currently trying to contact the court to ask if they can confirm that the DQs have been issued. The number is seemingly forever engaged! I notice however that on the MCOL website the claim history notes that they were sent on the 22/02/18.

 

Hey thank you so much for your help.

 

Janet

[AndyOrch]

You can also email Northampton if no success...but it sounds like its on route...if not here by Thurs/Fri I would be concerned as its date/time sensitive

[Janet the Planet]

Hi again, I am just adding the Particulars of Claim, as written verbatim on the front of the claim form......

 

'The claimant's claim is for the sum of £160 being monies due from the defendant to the claimant under a non regulated telecommunications agreement between the defendant and BT PLC, assigned to the claimant on 27/03/2017 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 statuatory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.03 from the date of assignment to being an amount of )

 

Thank you once again for all your help

 

Janet

[AndyOrch]

Added to post #4

[Janet the Planet]

Hi, today the court replied to my email, they have sent the directions questionnaire and advised that I should return it by the 12th of March. I will fill this in and send it back.

 

Is there anything else I should be doing in the meantime to prepare for the hearing? It will be my first time in court and I am a little anxious.

 

Any advice is greatly appreciated.

 

Thank you.

 

Janet

[AndyOrch]

Hi, today the court replied to my email, they have sent the directions questionnaire and advised that I should return it by the 12th of March. I will fill this in and send it back.

 

Is there anything else I should be doing in the meantime to prepare for the hearing? It will be my first time in court and I am a little anxious.

 

Any advice is greatly appreciated.

 

Thank you.

 

Janet

 

See post #3

 

Then wait for your Notice of Allocation N157 and post back

 

Andy

[Janet the Planet]

See post #3

 

Then wait for your Notice of Allocation N157 and post back

 

Andy

 

Thank you so much Andy. You are an actual star =-)

 

Janet

[Janet the Planet]

Yay! They finally got in touch again via a notice of discontinuance!

 

Thank you so much for your help =-)

[fkofilee]

Well done

One of the team will update the thread title for you

[AndyOrch]

Good news Janet and a very well done.

 

Regards

 

Andy