4 year old debt - only just been notified

happysinglemum

Please can someone help me? I have received 2 letters this morning, one from T-Mobile, telling me that my debt to them of £79.90 was sold to Lowell Portfolio I (a debt collection agency) in September 2006.

The second letter was from Lowell Portfolio I informing me that they intend to collect the debt from me. Having telephoned Lowell, it appears that this debt goes back to a 12 month contract I had with T-Mobile for a mobile phone, which I only ran for 11 months, at a previous address - in 2002-2003!

My problem is that this is the first I have heard of any debt owing to T-Mobile. I have moved house twice in the past 4 years, but have always had my post forwarded to me, and I have never received notification of any debt. Lowell say that T-Mobile were unable to trace me, which is why the debt was sold to them. However, I have certainly not been in hiding during the past 4 years, and have always been on the register of electors - and no end of junk mail seems to reach me quite easily! lol

My question is, since this debt is now 4 years old, and I have never had any correspondence regarding this until today, am I liable for this debt? I can honestly not remember whether or not I ended a contract with them early, so am unsure whether I actually owe this money.

immoral_angeluk

Sorry to say that yes, as it's 4 yrs old you will be liable for it as it's not til 6 yrs have passed that the debt is statute barred. Write to them requesting a signed credit agreement and take it from there. Don't acknowledge the debt at this stage though.

CLAPTON

i would suggest you write to them and demand
a. a copy of the the alleged agreement
b. a statement of the account

start the letter saying you donot aknowledge any debt to them and refer to the debt as ' the alleged debt'.

enclose a £1 postal order and remind them they have a statutory duty to supply a copy of the alleged agreements and the statement of the account with 14 days

send by recorded delivery and obviously keep a copy.

tomterm8

happysinglemum wrote: »

Please can someone help me? I have received 2 letters this morning, one from T-Mobile, telling me that my debt to them of £79.90 was sold to Lowell Portfolio I (a debt collection agency) in September 2006.

The second letter was from Lowell Portfolio I informing me that they intend to collect the debt from me. Having telephoned Lowell, it appears that this debt goes back to a 12 month contract I had with T-Mobile for a mobile phone, which I only ran for 11 months, at a previous address - in 2002-2003!

My problem is that this is the first I have heard of any debt owing to T-Mobile. I have moved house twice in the past 4 years, but have always had my post forwarded to me, and I have never received notification of any debt. Lowell say that T-Mobile were unable to trace me, which is why the debt was sold to them. However, I have certainly not been in hiding during the past 4 years, and have always been on the register of electors - and no end of junk mail seems to reach me quite easily! lol

My question is, since this debt is now 4 years old, and I have never had any correspondence regarding this until today, am I liable for this debt? I can honestly not remember whether or not I ended a contract with them early, so am unsure whether I actually owe this money.

Yes, you are liable. the statute of limitations is 6 years.

Maybe something like this (registered post):

"Dear Mr X,

Please note, I do not acknowledge this debt.

With regard to your letter informing me that you were unable to trace me for a period of 4 years, I find this extraordinary, as my current address and all past addresses are linked on my credit record, and since I left forwarding address at all previous addresses.

Although I had an account with XXX, I believe that I closed the account with proper notice, and do not owe any outstanding money. At the time I had set up a direct debit, which I did not cancel. I find it extraordinary that if any money was owed, your client did not simply charge the direct debit with any outstanding money at the time.

I request that you send me within 12 days a true copy of the credit agreement and a statement of account under the consumer credit act; I enclose a check for £1 serial number XXXXX in payment of the statutory fee.

I ask you to send me strict proof of this debt before I will consider repaying it in full.

Yours Sincerely,

XXX

"

happysinglemum

Thank you all so much for such quick replies. I will certainly write to the debt collection agency as you suggest and see where it goes from there. At the time this happened, my marriage had just broken down, and I was a bit of a mess. Obviously, if I do owe this money, I will pay it, but I need to establish that this is a genuine debt first.

Thank you again.

happysinglemum

Hi everyone

Thanks again for the advice. I wrote to the DCA yesterday as you advised, and sent it recorded delivery - it was signed for this morning. So, the clock is now ticking.

I'll let you know how everything works out.

taytay_2

Did you ever hear anything back from these "gentlemen" ??

This is almost word for word what happened to me, i wrote to them (including a Postal Order) saying i would not correspond further on the matter until they provide a copy of the contract i signed.

They replied saying they didnt have to so i am not sure what to do now??