Lowell claimform - BT broadband

[ice22]

Hi I'm new to all this so I apologise in advance if i've made any mistakes.

 

I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them.

 

At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow.

 

When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw.

 

I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300.

 

I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up.

 

Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300.

 

I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim?

 

I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it.

 

I would really appreciate any help please.

 

Thank you

[dx100uk]

Please complete this

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(3-Viewing)-nbsp

[dx100uk]

just to be clear

Lowell are NOT acting on behalf of BT

BT sold the debt long ago.

[ice22]

Name of the Claimant ? Lowell

 

Date of issue – . 22nd Jan 2019

 

Date to acknowledge = 9th Feb 2019

 

date to submit defence = 22nd Feb 2019

 

Particulars of Claim

 

What is the claim for –

 

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

 

4) Despite repeated requests for payment , the sum of £372.90 remains due and outstanding.

 

And the claimant claims

a)The said sum of £372.90

b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum form the date of assignment to the date of issue, accruing at a daily rate of £0.082, but limited to one year, being £29.83

c)Costs

 

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

 

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

 

Did you inform the claimant of your change of address? No

 

What is the total value of the claim? £487.73

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

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. It is the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure but I think so as I've been chased for a while

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No as I've moved address since the account was closed

 

Why did you cease payments? 2 months of slow broadband, poor customer service, then they could not honour the agreed direct debit date so just decided to take the payment when they wanted. Changed supplier but the refused to release me from this contract

 

What was the date of your last payment? October 2015

 

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

Edited February 18, 2019 by dx100uk
format

[dx100uk]

you need to send Lowell solicitors a CPR 31:14

 

please note your corrected date for filing your defence by.

 

you had a valid dispute, that was not solved and remains..

and even so sums due till expiry of contract are unfair under Ofcom guidelines.

 

there are numerous threads here with the relevant defence to file

use the search CAG box of the top red toolbar

 

bt talk talk claimform

 

post it up here for checking 1st mind

[ice22]

Thank for the quick rely.

 

I thought that BT could charge me for the remaining time left on the minimum term which was about 9 months?

 

Ill send off the CP31:14 and I've already did a data subject access request to BT when I 1st got the notification.

 

I need to submit my defence soon but have no idea how to word it.

 

Should I deny all points or do I admit that I had an account but dispute the rest due to breach of contract?

 

From what I've been reading I could quote the sales of goods act 1979 as the service supplied was extremely poor.

 

I also have a recording which BT supplied to me which has the agreed change of direct debit date which they later said they could not honor so would that count as also breach of contract.

 

Also BT terms also stated the would possibly look at not charging to terminate due to poor service but I don't feel they ever considered it.

 

Really sorry but I have no clue what to put in the defence as I don't want to show my hand this early.

[dx100uk]

use that link I sent you...get reading up!.

 

9. Subject to the above, 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.

[ice22]

Ok so request sent but not sure I have given enough time to reply before my defence is due this Friday.

 

I've sent the following:

 

CPR 3.14 request removed....as per the instructions on the template..do not post on the open forum...templates are for members only.

Edited February 19, 2019 by Andyorch
CPR 31.14 removed

[dx100uk]

you only need to refer to sending one and to date nothing returned.