BT hiding from SAR

[dx100uk]

they don't care

no human would have seen or read anything in thew whole chain leading to the ccj

speculative robo claim went undefended, so default rubberstamped judgement.

 

it having/been/was in dispute makes no odds...never has been any rule that ever stated that..

[AndyOrch]

There should be a mountain of paperwork before it got to this stage...including the Warrant itself...the above letter is only a reminder and final notice on the initial warrant.

 

 

Andy

[sparkeyrjp]

How do we keep lowell at bay whilst this process is ongoing ?

Should she also ask for an application to have the judgment set aside ?

[dx100uk]

not at this stage.

bailiff is your more pressing issue

 

get that info and we'll advise.

 

dx

[sparkeyrjp]

As you might understand i am concerned Lowell will turn up and strip her of what little possessions most of which we have bought for her , btw she is a single mother with a son with ADHD and is struggling to make ends meet

[dx100uk]

again you are getting things wrong and confused

 

Lowells are NOT A BAILIFF, they cant send anyone to do anything!!

court bailiff is the one that MIGHT return.

but as there is no right of entry on civil debts

 

in all truth there is very little they can do.

just do NOT let them in no matter what they say

and don't agree to or sign anything no matter what they intimate,

[UKDomains]

Really poor form of Ofcom to take so long as well! Official complaint to them as well once this is sorted!

[AndyOrch]

Ofcom or BT have no relevance in this claim...the debt was assigned....the buck stops with Lowell.

[sparkeyrjp]

The court did not send a scan or PDF of the claim , just the claim , I have taken out ref numbers and amounts , this is what she received

 

++++++++++++++++++=+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Please see your case details below as requested.

 

Claimant: LOWELL PORTFOLIO I LTD

Claimant solicitor: LOWELL SOLICITORS LIMITED (7411)

Telephone: 0113 3353339

Reference: XXXXXXXXXX

Judgment amount:£XXX

Particulars of claim:

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH BT PLC UNDER ACCOUNT REFERENCE XXXXXXXXX ('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 £XXXXX REMAINS DUE AND OUTSTANDING.

 

AND THE CLAIMANT CLAIMS

A) THE SAID SUM OF £XXXXX

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 £0.048, BUT LIMITED TO ONE YEAR, BEING £17.67

C) COSTS

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

The facts of the claim are totally incorrect

she/we cancelled the contract within the 14 day cooling off period , BT would not accept this hence OFCOM was involved and that is where it hit the buffers and remained

I will repeat once again , NO COMMUNICATION WAS RECEIVED FROM ANY OF THE PARTIES INVOLVED

untill the hand delivered letter

 

Should have said , no communication was received after the deadlock letter mentioned earlier in thread

Edited December 10, 2018 by dx100uk
merge

[dx100uk]

we need the address it was served too do we not?

[sparkeyrjp]

Sorry ,of course, I will get her to call court today ,and get that info ,brain fade

[sparkeyrjp]

Because my Daughter works in a special need school she has limited time to make phone calls , so was unable to contact the court today as the line was continually engaged

so at present she has not got the precise address they have in file for her ,

they did however ask her to confirm her address when she made the enquiry ,

and it appeared to tie up with what was on file .

 

Nevertheless , she will persist in calling the court to be sure the address was exactly correct

[sparkeyrjp]

Court has been trying to call her to give details of address on record ,

due to her being at work she keeps missing answering ,

she will eventually speak to the court as her work place closes Wednesday for Christmas break ,

 

the court previously advised her to call Lowell to put action on hold ,

this she did ,

withholding her number ,

so keeping them at bay ,

so breathing space and less stress .

 

she has also sent an email ( from a seperate spam receiving account ) them telling them the same ,

Edited December 17, 2018 by dx100uk
spacing

[dx100uk]

don't ever ring the fleecers no matter what you are told

always check here 1st.

[sparkeyrjp]

Update

My daughter has been in an electronic black hole since Christmas due to a virus/Trojan, even though she had full protection , seems Yahoo suspended her email account , then sent unlock codes to the suspended account !! beggars belief .

Due to this she has not received any replies from the courts or Ofcom

 

Progress so far

The court confirmed the correct address was in use ,

the address she has lived at all the time this has been going on ,

now an issue with The Post Office , as well as BT

Or someone is telling porkies regarding any letters “sent “

 

We now have the information from Ofcom ,

it seems her complaint was lost ,

but now is found .

 

Ofcom do not directly deal with complaints ,

so have referred us to the Communication Ombudsman service

 

We now have a link to the service ,

and she is now creating an account to start the process of putting the clock back on the complaint ,

which hopefully will be upheld .

 

If so ,I presume the next step will be to apply for a set side of the judgment , but I will await your advice

Thanks so far

[sparkeyrjp]

Thanks

 

Unbelievably this issue is still dragging on .

 

My daughter periodically calls  the Communication Ombudsman service  for an update ,

and all she gets ,

is that BT have not responded to requests for documents relating .

 

Would there be any point in requesting the Ombudsman ,

due to BTs lack of response ,

to close the case and rule in her favour .

 

She than can apply for a set aside of the CCJ ,

a side effect of which will be the DCA having wasted their money purchasing the “debt”

[dx100uk]

send BT an sar.

 

short circuit the lack of docs.

they have 30 days to comply else she can raise a court claim against them for non disclosure.

 

 

[sparkeyrjp]

I have read Bankfodder's template regarding SAR request to BT

Do I need to personalise it by including  a reference to any documents regarding the assignment of the “debt” to Lowells .

 

I would like  also to refer  in particular communications sent to us after the Deadlock Letter ,  also asking for any proof of postage ,as that was when things went silent until the hand delivered DCA letter.

 

Should I also send a SAR to Lowell on the same lines , again asking for proof of postage , date of assignment etc ,because until their agent turned up we had no communication , and that includes from the County Court .

 

I know it is a bit late , but also a formal letter of complaint to the Post Office citing many item of missing mail for 2016 to date.

 

I will accept criticism of letting this drag on too long , but I thought things were in hand , which obviously they are not , so the time has come to take over from my Daughter and finally sort it out .

 

Once I have had replies , I will call on your good services for advice on how to proceed in getting a Set Aside .

Thanks so far

 

[dx100uk]

just send BT our sar.

no need to adapt it

if you ask for something specific, makes sure you keep in the line about ALL DATA.

 

lowells wont hold anything of worth.

all they get regarding a debtor is one line in a spreadsheet.

 

 

 

 

[sparkeyrjp]

My Daughter sent a SAR pretty much as soon as it was recommended ,

As of this weekend no reply from BT has been forthcoming and , it is now passed 30 days .

She checked the tracking number for the “signed for “ letter and it is not recognised ? so she is checking with the Post office .

In the meantime , if BT have ignored the SAR  , how do we proceed ?

And what effect will it have on the County Court action

[dx100uk]

ring bt and ask

 

dx

[AndyOrch]

Quote

And what effect will it have on the County Court action

 

 

None.....Lowell are the legal owner and claimant ...not BT.

 

Andy

[sparkeyrjp]

I am sorry to say the last 2 replies have been a little unhelpful

I asked earlier in the thread about getting the CCJ lifted .

I was told we should SAR BT .

This was duly carried out , BT failing to respond , so the next recommended stage is to raise a CC claim for non-disclosure.

So I asked the question what to do next “ring BT “ why? surely , is not non-disclosure a reason to start CC action without further reference to BT .

I know Lowell own the “debt”  but without documents from BT I have nothing to go to the CC with to get the CCJ lifted  , I will ask again , what do I do next

[AndyOrch]

With regards to this county court claim by Lowell...my response was none... you asked what effect would BT not responding to SAR request have on this court claim...none.

 

If you wish to instigate court action against BT for none compliance to your request that is an entirely separate issue which is unconnected to this claim.

If you cant get any information from BT with regards documentation then its a pretty good bet neither can Lowell to support their claim...but it does not stop you inferring to a dispute with the original owner of the debt as to why the debt shouldn't have been assigned and why the CCJ should be set a side. 

[sparkeyrjp]

Ok, Thanks I think I understand now , It is just complicated by 2 parties being involved, and not being sure who to go after and for what .

From what you have posted , I take it we should now go back to the CC and apply for a set aside .

For the initial application , how much detail is required ?

To summarise , we will be asking for set aside , as BT had sold the “debt “ on , even though the matter was in deadlock , and was being investigated by Off Com , and the Communication Ombudsman service .

This without informing us of their actions ,as there was nothing from them after the deadlock letter.

As an aside Lowell took action , again without communicating with us

Would a SAR requesting all letters sent , proof of posting etc help to re enforce the request for set aside,  as we had no chance to defend