Lowell

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cela_2
cela_2 Posts: 3 Newbie
edited 30 October 2017 at 4:18PM in Debt-free wannabe
Hi


A letter has been sent to an old address (my parents) for an old mobile phone account from Lowell. The letter said that they are "deciding wether to transfer my account to solicitors to take legal action against recovering the debt".


The debt is just over £600 and is basically from when I was about 19, I stopped paying the bill after about 2 months and the majority of the debt is from the unpaid remaining months. The debt is mine and I don't have any issues regarding the amount.


I (maybe stupidly but out of panic prior to reading up online and educating myself) emailed Lowell but made it clear I was not acknowledging the debt and asked them to send me some information regarding the debt breakdown, I said that I was unsure if it was mine and literally said on the email I was not acknowledging the debt at that moment.


The default date is July 2012 (which apparently was the date they eventually disconnected the phone).
The last time I made a payment is December 2011 (they confirmed this with their reply email)


So my understanding is that the debt will be statute barred in December.


Can anyone advise on what I should do next?


As a youngster I messed up my credit rating as I had no idea how it worked and have suffered for the last 4/5 years as a result of this and I am working towards clean credit with dreams of car finance and a mortgage etc!

Comments

  • sourcrates
    sourcrates Posts: 28,882 Ambassador
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    Hi,

    Sending the "provit" letter should be your first step, (not an email).

    Usually takes a month or more to action, might buy you some time.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi Cela


    Welcome to the forum. For a debt to be statute barred there must have been 6 years from the cause of action (that is the point court action could have been taken) where the debt has not been paid, you have not acknowledged it in writing, and a CCJ has not been obtained.


    If a debt is statute barred it means the company (in this case Lowell) should not be able to obtain a CCJ. The question here is when could court action have been taken? That is the date that the 6 years starts running from. This will be confirmed in the terms and conditions of the phone contract, so ideally you need to check that. It is possible that court action could have been taken after one or two missed payments, but we don't know for sure.


    You could try the prove it letter first, as sourcrates suggests. This specifically asks them to prove the debt is yours. If they are able to do that you can consider sending a sample statute barred sample letter, but if they can also prove the debt is not statute barred you will need to consider your options to deal with the debt. You can get more detailed advice on this from one of the free debt advice agencies.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • cela_2
    cela_2 Posts: 3 Newbie
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    Thank you both for your reply’s.

    Two things, firstly, where can I find this prove it letter?

    And secondly, should I not have any concerns with giving them my current address then? The letter they sent to me went to an old address.
  • sourcrates
    sourcrates Posts: 28,882 Ambassador
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    cela wrote: »
    Thank you both for your reply’s.

    Two things, firstly, where can I find this prove it letter?

    And secondly, should I not have any concerns with giving them my current address then? The letter they sent to me went to an old address.

    Link to letter here :

    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Best to update your address, worst case scenario, they send court papers to your old address, you don’t get them in time, you end up with a CCJ by default.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • cela_2
    cela_2 Posts: 3 Newbie
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    Hi,


    Just a quick one, should I send that letter via email or by post?


    Thanks!
  • StopIt
    StopIt Posts: 1,470 Forumite
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    cela wrote: »
    Hi,


    Just a quick one, should I send that letter via email or by post?


    Thanks!


    Sending a letter is better, as any reply will also be in this form and is generally accepted as an official means of communication.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
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