Lowell BT Claim Statute Barred or not?***Claim Discontinued***

[agirllikeme]

I posted this on the banana site but haven't had any response so was wondering if you could help.

I've just copied and pasted what I put on their site below.

 

I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below.

If any of you could help I could really use it.

 

I've got a bit of a different one here I could do with some help with.

I've seen the forum and have a general idea of what I should be doing but could do with some guidance.

 

Details below:

 

Received a claim? Yes

Issue Date: 30 Jan 2019

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : £300

Claimant’s Name: Lowell Portfolio

Solicitors Firm: Lowell Solicitors

Original Creditor: BT

Original Debt : Phone Line

Particulars of Claim:

1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')

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

3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant

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

And the claimant claims

a) The said sum of 222

b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78

c) costs

 

Is the debt Statute Barred: No

List any letters you have sent: None

 

Any Other Information or Background Details:

This account was from 2008/2009 when I was a student.

I had a BT line to allow us to get broadband at our house.

When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward.

The name and payment details on the account were changed online.

 

I have not paid anything towards this account since May 2009.

Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted.

They cannot provide any other information regarding payments due to this being such an old account.

Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013.

 

Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT.

 

During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years.

 

What should my next steps be?

Request account details from BT

Request the specific documents from Lowell under CPR31.14

 

Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this!

 

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

1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')

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

3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant

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

And the claimant claims

a) The said sum of 222

b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times.

 

Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account.

 

What is the total value of the claim? £300

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use)

 

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. Account assigned and debt purchaser issuing the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment.

 

Did you receive a Default Notice from the original creditor? I did not receive a default notice.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years.

Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house.

 

What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records)

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

 

I hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.

Edited February 5, 2019 by dx100uk
merge/format

[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 start 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 [1 in the count]

 

 

…………..

 

if you have proof you moved out in 2009 then its statute barred as far as you are concerned.

 

usual roboclaim from lowells

 

shame you spoke to them!!

[agirllikeme]

Thanks for the quick response. I've registered and done the AOS.

 

I'll get the CPR 31.14 sorted today.

 

What sort of proof do I need? House contract or a bill? Does the fact someone else paid towards the debt not have any effect on it being statute barred?

 

Why does the fact I've spoken to them have an impact?

 

Thanks again for your help.

[AndyOrch]

So you have been making payments to Lowell ?

 

"Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted.

They cannot provide any other information regarding payments due to this being such an old account.

Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013."

 

[agirllikeme]

No I haven't made any payments to Lowells at all or to BT since 2009. I guess I was trying to point out the inconsistencies in the dates held by both regarding the BT account.

[AndyOrch]

Who is this third party then making payments on your behalf ?

[agirllikeme]

My former landlord (this was a student address) took over the account. The name was changed on the account and he continued to pay for the phone line.

[AndyOrch]

Not possible to change a name on an account AFAIK...its must be terminated then re applied for....did you get conformation from BT that they agreed to this and processed it?

 

Did you ever see any paperwork with LL name on it ?

[agirllikeme]

No I didn't see any paperwork with the name change. All details were updated online. Once I moved out I assumed that was the end of my dealings with the account.

[AndyOrch]

And you actually viewed his name as account holder on line ?

[agirllikeme]

Yeah I saw it changed online.

It was like as shown in the attachment.

 

There are no guidelines saying that it is not possible to change ownership of the account.

It is still possible to change details now.

[AndyOrch]

Fair enough...your defence should be cut and dry.

[agirllikeme]

What would you recommend as a defence? Do I go statute barred or explain the changes to the account? Or both?

 

I've requested account details from BT but they say this could take a month.

 

I've also submitted a CPR 31.14 to Lowell for the documents they are referring to.

[AndyOrch]

I would explain the circumstances and the change in account details...it would be statute barred but you have to prove that the agreement was in fact changed to LL name and what date?

[agirllikeme]

Thanks for your help.

 

Is it OK if I come back if I receive anything from Lowell or BT to get some advice on my defence?

If they don't send anything through I will not be able to prove the name was changed.

 

I might be able to prove I didn't make payments from 2009 by going through my bank statements but can't prove my landlord made the payments after I left without full account information.

Edited February 6, 2019 by dx100uk
spacing

[AndyOrch]

And there lies the sticking point.....but of course come back a week before your defence is due and we will assist in preparing a suitable response.

[agirllikeme]

Just a quick update, attached is the letter I have received from Lowell today.

Any advice on this?

 

I've confirmed my SAR in writing but they have acknowledged it in this letter so hopefully I will get something back soon.

Is it just a case of waiting to see what they send?

[dx100uk]

did you send Lowell an sar?

did you ask for the deed in our CPR 31:14

and the agreement?

 

dx

[AndyOrch]

Lowell template response...bit like Restons

[agirllikeme]

did you send Lowell an sar?

did you ask for the deed in our CPR 31:14

and the agreement?

 

dx

 

I have sent Lowell an SAR and that's what they are referring to in the letter.

 

I asked for the following documents in the CPR 31.14 but they've not sent anything just that letter.

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

 

[agirllikeme]

Do I need to go back to Lowell for any further information or is it just a case of waiting for the SAR to come back? I doubt they will send anything through anyway.

 

I've got my old letting's agent looking into the contract for the property I moved into after moving out of the address where this debt occurred. So I should be able to prove I no longer lived there.

[dx100uk]

let it run

defence is not due till Friday week

[agirllikeme]

Thanks for the response, I'll let it run as advised. I plan on starting to put together my defence this Friday so I've got the basics down before the date it is due. Hopefully I will have some documents through before next Friday!

[dx100uk]

why ..you don't want then to comply..think about it...

[agirllikeme]

Will non compliance form part of a good enough defence along with the debt being statute barred?