BW Legal - T-mobile

[Kane]

I have received a claim form dated 12 May 2016 in regards to an alleged debt owed to T-mobile. The debt has been passed to Lowells who are being represented by BW Legal.

I have requested information from BW Legal in regards to the debt, i.e. The agreement and account statement. BW Legal said they will not continue the action until they prove this and I respond. They will confirm this in an e-mail. They say I can respond to the form by saying I will defend the action and they will not act yet.

Will I be able to withdraw the defence without incurring any fees later on?

BW Legal say they gave the record of a payment from the 30th June 2010 but my account shows the last payment to be 02 May 2010, but there is a payment towards an insurance policy I arranged through them. I am hoping this will be barred due to there being no payments within the last six years.

I suspect if there was s payment of 30 June 2010 it will be from a family member; does this mean it will still be outside the six year period as I did t make this payment. Also, would the insurance payment count?

BW Legal also say they do not know if they will be able to obtain the agreement. If they cannot provide thus will I be able to use this as a defence as they have no proof I contracted with them?

I would appreciate any help given.

Thank you,
Kane

[Amethyst]

Re: BW Legal - T-mobile

Morning Kane, Apologies your post got missed.

It sounds as though BW may have just got in under the wire to keep the debt from being statute barred. Although your last payment may have been 2nd May, the claim is dated 12th May and the contract wouldn't go statute barred until you have created a cause of action by non payment, so likely not until after the next due payment was unpaid. Have BW sent you a copy of the statement they are relying on ?

Were there any issues with the contract between T Mobile and yourself, any reason you stopped payments? Was the insurance policy linked to the same contract ?

Approx how much is the claim ?

[Kane]

Re: BW Legal - T-mobile

Thanks for getting back to me Amethyst.

I stopped paying as they mid-sold me mobile insurance that thy guaranteed would cover me for accidental damage but did not. The phone became damaged, the insurance company refused payment and I had no mobile to use.

BW Legal say they have requested a statement and agreement from T-mobile and that they have put the file on hold. However, I don't think they will be able to produce any of it.

Having read other threads the cause of action for these kinds of agreements appears to be the date of last payment as there is no schedule of payments like a loan. Others say otherwise?

I was going to file a defence that it is barred tomorrow and wait to see if they produce anything. If I do can I still negotiate a lesser payment without going through the courts?

It is about £320 including court and solicitors fees.

Tganks again for the response.

[Kane]

Re: BW Legal - T-mobile

Another thought was to maybe deny the debt when submitting my defence and to switch to the defence of it being statute barred only if they are able to produce proof of the debt. What's your thoughts?

[Kane]

Re: BW Legal - T-mobile

Sorry, this is my third response lol. Do you also have an idea of how I should format my defence? This needs to be submitted tomorrow.