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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45286
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Bt plc, failed to process a D/DEBT, sent bills to wrong

Customer Question

bt plc, failed to process a D/DEBT, sent bills to wrong address. me not them discoved this.
now they want to charge me additional penalty charges for late payment.
can they do this and what re-addres do i have under the credit law.
yours
paul *****
******
**************
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 8 months ago.
Have you explained the situation to them?
Customer: replied 8 months ago.
no files
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Thanks for your patience. This would be a matter of negligence and whether the company were negligent in how they dealt with this matter and the penalty charges were as a result of this negligence. If the company's negligence was the reason for these charges then they should not make you responsible for them. If they try and levy such charges and make you pay you do not have to and can refuse to do this. these charges then can be treated as a debt by the company and they can decide how to take it further. They have a few options:they can pursue you directly, simply by making demands for paymentthey can engage debt collectors to be a nuisance and try to make you pay by threatening you, etc, however note that debt collectors do not have the right to force you to pay and they can only make demands and try to persuade you to paythey can go to court and try to pursue you that way I would hope that these fees are eventually written off based on the reasons for why they appeared in the first place. However, be aware that they have the right to try any of the above methods if they really wanted to. This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the matter be taken to court, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45286
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.
Thank you. Should the matter proceed down the legal route, assuming that the amount is below £10k it will go in the small claims court. You can try and ask the court to strikeout the claim for having no reasonable prospects of success based on the fact that it was a negligent act by the claimant that resulted in this. Should this proceed to be heard by a judge it will be a rather informal matter as the small claims court is designed for the unrepresented parties and the smaller disputes You do not need legal representation and can simply explain what happened and why this has ended up the way it has. In the unlikely event that you lose, you will only be required to pay an amount up to what is claimed and interest, which will be relatively low. You will not be required to pay their legal fees as each party pays their own. You will however have to pay their court fees which will not be more than a couple of hundred or so, depending on how much was claimed at the start. I would however hope that this never ends up as far as court.
Customer: replied 8 months ago.
Ben
i would like you to view on this. it is i who is looking to claim
If the following cost more money, please charge and I will pay.Question
BT, PLC manifests this into a full blown argument. Putting my phone line down several times = circa 3months. I would like to establish the liability for this failure. BT, have only sent me 5 monthly bills. I paid these on time, [detailing bill numbers] less additional late payment charges, BT refused to send the several earlier bills and continued adding additional late payment charges. My emails and calls to them were endless. They terminated the contract and state they have no liability.History
BT, PLC, provided a land line and mobile line. We established they failed to process the direct debit for land line and sent bills to wrong mailing address. When some foreign caller claiming to be from BT contacted me several weeks after going live, I advised that:-1] I had given direct debit details twice confused as to why one had not been processed.
2] That we had not received any bills for account.
3] That I had been emailing, telephoning that previously the line had gone down for 3 weeks without explanation.
4] I am surprised at this contact today, as I have just been speaking with UK customer service and just paid a bill for this line transfer and they did not mention this.
5] That any bills on the account should reflect the loss of service for 3weeks.
6] I am unwilling to give my card details to a foreign cold caller, when I do not know who you are and in light of the above.
7] Stated, as you [BT caller] are unable to assist in any way on this matter, please have a UK customer service contact me – which was agreed.About two weeks later same BT person called me. I reiterated above.2 weeks passed not hearing anything. I backed this up with email below, which went without reply.4)-----Original Message-----
From: roofslimited
To: ajay.padhy
Sent: Fri, Jun 19, 2015 9:17 am
Subject: 0208(###) ###-####***@******.***,
0208(###) ###-####
I am unsure what is going on. I have been contacted twice by foreigners, whose mastery of English is well suspect asking for me to pay them money for BT services, being above telephone. Explained in clear terms, that I formed a D/D for this. Two D/D were done. One for my mobile and as explained 4 weeks later by Shaveti, a fresh one for the land line as ‘we cannot use the existing D/D, a new one is required’. That i am unwilling to give my bank details to a cold caller. Best is to email me or have someone contact me who speaks English. This has not happened.
So it also is noted we have never received any correspondence, bills, letters or like for this. Am I to assume you are sending these to some unauthorised address?
The service provided thus far has been third rate. I think we have had the telephone down more than up. Therefore do you not agree that you are incapable and as such materially breach of contract?
Yours
Paul tubbs
***********Ben
Where do I stand on this?YoursPaul Tubbs ***********
Expert:  Ben Jones replied 8 months ago.
Can I check what exactly you want to claim for in this case? What are your losses?
Customer: replied 8 months ago.
about three months worth of new enquires = 35k, plus
that's why i hoped i done all correctly before claiming.paul
Expert:  Ben Jones replied 8 months ago.
ok it would appear that there is an argument it was their negligence which caused the termination of the account which in turn affected your business. How much you can recover is really only for a court to decide so all you can do is consider making the claim and the est is for the court to rule on. Before you go that far I would strongly recommend you try and resolve it directly with BT such as by using their formal complains procedure to its full extent. If you decide to go further, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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