Lowell Solicitors BT account

Nabla

Hi all,


I had a 12 month BT internet account a few years ago in a rented property, but 6 months in, my landlord gave us notice to leave.

I phoned BT to cancel the contract, and they said there was approximately £180 fee to cancel. I didn't understand how this was at all justified (surely a click if a mouse to disconnect an internet connection??), and explained to them that I didn't have a choice to leave. They wouldn't let me transfer the contract to another address either.

I convinced my landlord to transfer the contract into his name (change the direct debit on the account into his name) for the new tennants he was getting in (He handed the property over to an agency, who advised him to get rid of the current house-share arrangement and get a family in instead, as well as upping the rent to something I couldn't afford).

After he agreed I phoned up BT with him present, and handed over the phone to him when requested. He spoke to them out of my earshot, and then when I got the phone back, I asked the operator if it was all done, and was told it was.

At this point I believed the direct debit was now in his name, although the account was still in my name ( they told me they were unable to transfer the name on the account). Either he lied and asked them not to do it, or cancelled the direct debit later, but either way he obviously didn't make the payments.

I left no forwarding address on the account and went travelling abroad for a few months. About a year later I started receiving letters to my parents address saying I had an unpaid debt. They must have gotten that address from somewhere...electoral role maybe?

Ever since I've been harrassed with phone calls and letters from a number of debt collection agencies...seem to have been passed from one to the other. I have never answered the phone or replied to any of the letters.

For the past few months or so, it has been Lowell, and recently I rwceived the attached letter from Lowell Solicitors saying that Lowell had passed the debt to them, and threatening to take me to court.

I have also had a default placed on my credit report and noticed my credit score is lower than avergae as a result.

Looking for some advice if there is anything I can do to 'fight back' and clear this debt and default, since in my view it is extortionate and daylight robbery.

On the other hand my plan for the next few years is to save towards buying a house, and I am worried about my credit score, and potentially being summoned to court. So maybe I need to bite the bullet and pay the price for my naivety a few years back....

What will happen to my credit score if I pay the debt? Will they report to the credit refernece agencies thatbit is settled? Will my credit score return to normal? What if I pay them, bit they don't report that it is settled?

So many questions...thanks.

Unable to post image of the latest letter attached from Solicitors, as I'm a new poster, but it is a "Notice of Acting" from Lowell Solicitors Limited, on 15 Nov 2019. Amount is £232. It says, if unpaid, they will add court fees and solicitor costs bringing total to £320

sourcrates

Hi,

Credit scores are fictional in this country, they are used as a marketing gimmick by the CRA’s in order to sell you credit improvement products, so they do not provide an accurate picture of your credit worthiness.

No one sees the number but you, creditors use a different scoring system based on various factors, one of which is your credit report.

You are not summonsed to court, it’s all done by post and online, Lowell have now bought your debt, and passed it to their legal arm to chase.
Send the provit letter to Lowell, anyone telling you to pay a debt must provide evidence of liability when asked to do so.

Provit letter can be found here :

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

You are now stuck with the default for 6 years, they may or may not be able to prove the debt, paying it will not remove the default, but it would be marked as settled.

WhenIam64

I phoned BT to cancel the contract, and they said there was approximately £180 fee to cancel. I didn't understand how this was at all justified (surely a click if a mouse to disconnect an internet connection??), and explained to them that I didn't have a choice to leave.

It appears that the contract you signed obliged you to pay. Contracts can be transferred (novated) but it is very, very rare in consumer contracts (never heard of one)

Landlord is not at fault here apart from not communicating the issue to you. You were always in for the £180.

I'm going to disagree with SC here about the "provit" letter. What will happen is the claim will be made and the "provit" will be provided at the Witness Statement stage, 2 weeks before the claim is heard. By that time, you will have no defence and a likely CCJ.

You can always ignore as you did with the original letters and have a default and a CCJ on your file but that won't help you get a mortgage

fatbelly

This is just at the threat stage. I'd send a prove-it.

If they choose to escalate it to the pre-action protocol letter stage then you respond according to

https://debtcamel.co.uk/letter-before-claim-ccj/

If they actually start a court claim, you must respond to it.

If you lose then you have a month to pay the order before it gets recorded on your file.

Yes, ultimately you might have to pay this, but there's no point in making it easy for a company whose business model involves buying £232 debts for £23 and then threatening court action. Particularly when they are unlikely to be able to prove their case

Nabla

Hi,


Thanks for all of the replies.



I think I have decided to pay it, as I am worried about a CCJ screwing up my chances of getting a mortgage....although I'm wondering if that is already screwed anyway if I have a default on my file for the next 6 years?



Reading about a prove it letter...I don't think it will be worthwhile for me.



Anyone any experience with Lowell in particular? What would be my best next step? Payment through their website? Can I trust it?



Thanks

WhenIam64

Anyone any experience with Lowell in particular? What would be my best next step? Payment through their website? Can I trust it?

Lowell have 24 court cases today in England and Wales for people in situations similar to you. They have about £3bn of debt to collect as part of a larger European group.

Call them up, use the website or send a cheque. Just get confirmation you've paid. It should be OK but keep the paperwork just in case. Mistakes, as you know, happen.