Lowell County Court

jbb006

Hi Guys,

Very new to this, so any help is very much appreciated.

I have received a Claim Form for Lowell Portfolio 1 LTD from Northampton county court business centre, for an alleged outstanding BT broadband debt of £290.00 from 5 years ago.

There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but there charges continued unnoticed.

I am not sure the best way to respond to this. I have further information, but not sure what is relevant/needed.

Thank you in advance for any help!!

sourcrates

Hi,

Lowell again, they are very popular on here right now, you can tell Christmas is coming, bonus need`s to be paid etc.

As a claim form has now been issued, its important you adhere to the courts time scales, if you acknowledge service online, it gives you 28 days in total in which to file a defense.

You then need to decide if your going to admit the claim, admit it in part, or deny the claim completely, you say there was a dispute, did you complain officially, and was the dispute resolved in accordance with BT`s complaints procedures ?

Its unlikely a court would deem a defense of slow Broad Band speed a good enough reason for non payment.

jbb006

sourcrates wrote: »

Hi,

Lowell again, they are very popular on here right now, you can tell Christmas is coming, bonus need`s to be paid etc.

As a claim form has now been issued, its important you adhere to the courts time scales, if you acknowledge service online, it gives you 28 days in total in which to file a defense.

You then need to decide if your going to admit the claim, admit it in part, or deny the claim completely, you say there was a dispute, did you complain officially, and was the dispute resolved in accordance with BT`s complaints procedures ?

Its unlikely a court would deem a defense of slow Broad Band speed a good enough reason for non payment.

Thanks for the reply!!

I know i saw a lot while searching, Im not looking to give Lowell a chrismas gift.

Ok, I understand it is something that requires a response within 14 days.

Im not sure what my response should be, im sure my 'defence' in terms of contract with BT would be weak, i dont think i lodged an official complaint, just many exasperated phone calls (to somewhere where english isnt the 1st language.) I was young and not so organised. Not sure if you know of outcomes of similar situations.

I believe the debt is not owed as Lowell have payed off the bill to BT (probably for a few %) and there is no contract with Lowell.

The total amount now is £390 which I can barely afford

Thanks again, hope ive given enough info.

sourcrates

jbb006 wrote: »

I believe the debt is not owed as Lowell have payed off the bill to BT (probably for a few %) and there is no contract with Lowell.

The total amount now is £390 which I can barely afford

Thanks again, hope ive given enough info.

Don`t use this as a defense.

Although the practice of purchasing debts for a fraction of their worth, then chasing you for the full amount, leaves a bad taste in my mouth, it is, unfortunately, perfectly legal.

Lowell will of bought your debt, on purchase, all rights and privileges of the original creditor transfers to the new owner, in this case Lowell.

Its all legal and above board, if you put forward a defense of never having had a contract with Lowell, they will just quote the above to you, and find in their favor.

National_Debtline

Hi jbb006


Unfortunately it is not a defence to say you do not owe the debt because a new company bought it. As sourcrates explains it is perfectly legal for a debt collection agency (DCA) to buy a debt and for you to then owe the money to them.


You also mention that you believe your defence over the terms of the contract could be weak. This could be the case, especially as you don't think you followed BT's complaint procedure at the time. It would be advisable to seek legal advice before going ahead, if your defence fails you can incur further costs. Of course, you would have to weigh the benefits of this against the costs of the legal advice.


In terms of your credit file, a CCJ will normally be recorded for 6 years. If you can pay off the CCJ in full within one month of it being made it will not remain on your credit file. If you enter a successful defence, a CCJ will not be made at all. Good luck with it all.


Susie
@natdebtline

jbb006

You guys are actually amazing. Thanks so much, will re-read and respond when finished working. :money: