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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I had a BT mail account at £2 a month which I phoned then to

Customer Question

I had a BT mail account at £2 a month which I phoned then to close, when they took what I thought was the last payment, I cancelled the direct debit. Two years later BT logged a credit default against me for £11, which increased by £2 a month. I was unaware as they had not sent a letter and I had thought email account closed. I had no issues getting small credit although my mortgage application was declined as an auto-approval although subsequently approved by manual application. At the same time the meant that a loan I took out for a car had to be at a higher rate of interest (18% APR instead of 4% as I had a black mark. BT are ignoring my letters and still sending me marketing letters even although IO asked them not to. Ofcom won't get involved in individual disputes. What can I do?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Alex
Customer: replied 10 months ago.
Alex, I want BT to refund me the loss I have suffered as a result of their actions. I think they should pay me the small costs (postage, Experian check and my time as I had lengthy calls to them and Experian) plus the extra interest I have had to incur on the Car Loan. I will be switching the car loan to a cheaper rate although this have to wait for a specific amount of time for because the Mortgage application had to go in first so I could secure interest at a lower rate on the largest balance.BT initially denied they'd logged the default and Experian had to get involved which meant delays in clearing the black mark against my credit file. In order to minimise my loss I had to prioritise the Mortgage Application (the rate was 2% Fixed v's the Standard 4% on a balance of £65k, whereas the Car loan was only going to be for £18k). BT apologised and removed the Credit Default, although I then was unable to secure the cheap rate Car Loan as the Mortgage being granted meant my credit score was temporarily diminishes (lenders use this to determine the rate they will lend at Risk v Reward). I'd just been given a material advance (albeit the mortgage was switching at the exact same amount from one lender to another and is only about 25% of what the house is worth) and am checking in with the bank regularly as they've agreed they will flip the loan to a lower rate once my credit score gets back to what it was before the issue BT caused.
.I don't want a telephone consultation at a further £40 as I think the £47 I have already paid is enough for now. Thanks for the offer though.In addition, despite now being asked in writing 3 times to stop sending me marketing mail, BT continue to do so. Its like they are not taking my complaint seriously and deliberately ignoring my request that they stop sending me marketing mail.Can you advise (i) Do I have a claim against BT and (ii) how do I best go about it making it (iii) a lesser point, how do I stop them sending me marketing material.Please advise.Thanks
Steve
Expert:  Ash replied 10 months ago.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compemsate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 10 months ago.
Alex, thanks. ***** check a few on this advice please (i) I live in Scotland although BT is registered in England, does this change your advise?
(ii) Before I go to court do I need to try the independent resolution service i.e. if I don't will this go against me?
(iii) will the legal process cost me and if so how much as I might have Legal Cover on my home Insurance policy up to a certain limit.
(iv) you've not commented on the fact they are still sending me marketing mail, even although they didn't send me a letter telling me I was due them money as they forgot to close my account, how do I stop this marketing mail?Thanks
Steve
Expert:  Ash replied 10 months ago.
1) you can still issue.
2) no, but it may be better to suggest adr
3) if it's a small claim costs are limited and around 10% of the claim
4) you should write and tell them to stop, otherwise you can complain to the information commissioner at www.ico.gov.uk
Does that help?
Alex

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