BT service agreement 15 February 2022 at 3:03PM in Debt-free wannabe 7 replies 181 views

M1KE_McD

Are service agreements a legal document? i am having trouble with a BT account from 2013. I want the original signed copy but they are saying its not covered by the consumer act so they dont need to keep them. I have been sent a similar terms of service from 2018, surely theres a difference in the 5 years

sourcrates

A service agreement doesn't require a signed document anymore.

Many years ago when mobile phones first became popular, you signed an airtime/service agreement, but that has not been a requirement now since the mid 1990`s, landline agreements are treated in a similar way, use of the service or equipment is deemed acceptance of the agreement nowadays.

M1KE_McD

so does this stand up in court? i didnt use, or even pay for the service, as i was removed from the bank account that was used to pay the bill. My ex restarted a contract that ran out in 2016, i apparently gave permission for her to speak on my behalf. the debt is from may 2017 from when the last payment was received. 1 year after my removal

sourcrates

What exactly is your issue, are they saying you are liable for this, and you think its your ex that should pay ?

M1KE_McD

Yes correct. The account was in my name but was due to run out just as i left. She rang to put it in her name but BT let the account carry on. With my approval apparently. I was taken off the joint bank account so never paid for the bill after May 2016. Does that make it syatue bared from April/May 2022 ?  They wont send any proof of user agreement. Well they sent 1 from 2018 that they say is similar, but thats 5 years after i joined. They also wont send proof i gave permission for someone to use the account/speak on my behalf

sourcrates

Your ex may have been paying this, so statute barred may not be a logical defence here.

Ultimately the onus is on whoever is chasing you for this debt, to provide proof that you owe it, no evidence, no debt, its that simple, I would write back stating you dispute liability and unless proven other wise you will consider this matter closed.

M1KE_McD

I have already disputed liability and asked for proof, All they sent was a standard credit agreement from 2018 and said that because its not regulated by the consumer act that they dont need to keep the signed documents from 2013. I have said I consider the matter closed but they are still threatening court action.

sourcrates

You are surely aware that the threat of court action when pursuing a debt, is as old as the hills, and is intended to provoke an erratic and unthought out response from you.

If you look at the case logically, you will see the flaw in their plan, anyone taking legal action against another individual has to comply with the civil procedure rules, a first step in the dance is to send what is termed an "LBA" (Letter before action).

This is a document designed to prevent the case going any further and wasting the courts time, its a "tick box" type of document, with a 30 day return window.

Right at the bottom is a section that asks "Do you require the creditor to send you proof of the debt" or words to that effect, obviously you would tick that box, the creditor is them obliged to do so, and so around and around we go, as to date, they have not been able to prove you owe this money.

If, despite all this, they did issue a claim, you would defend the case on the basis that it was not your debt, you would then, more than likely, have the opportunity to put your case to the court, at a hearing, who would then decide who is righteous, and who is not.

That is basically the situation, further letter tennis with them seems futile to me.