Statute barred, help please

Sneelypops101

Hi,
Need some advice.
Currently live in scotland.
I had an old Vodafone debt that was not mine, my account had been fraudulently used in March 2010 and this person has raked up a huge debt in my name. Back in March 2011 when I found out about this I tried for months to tell the debt company 'red' that it was nothing to do with me. In the end I went to the police and reported it, I gave them the name of the person who had commited this fraud and they got in contact with Vodafone and red and it is was cleared as fraud, I had a crime reference number and it was demolished from my credit report. All good.
Then a few months ago I received a letter from Lowell saying that I owed the money. I have written to them disputing that I do not knowledge the debt, giving them the crime reference number.
They write back saying they'll look into it, every letter they respond to me is word for word the exact same as the letters I recieved years ago. It looks like they are just copying the old letters.
I really don't know what to do? Im aware that as of March 2015 it will be statue barred. Do I go back to the police? Or hunt down the evil person that done this?

Sneelypops101

Forgot to add that I've just checked my credit report and they've managed to get it back on there! After 3 years of nothing, thinking it has been resolved!

National_Debtline

Hi Sneelypops

Do you still have copies of the correspondence you had with Vodafone/Red from when the problem was initially resolved?

If so, I would suggest that you forward copies to both Lowell and the credit reference agencies with a view to amending incorrect info.

If not, I would suggest that you make a Subject Access Request to Vodafone and/or Red as necessary to retrieve this correspondence and then proceed as above.

If the info is simply incorrect, it should not be a matter of having to wait until March 2015 for it to "prescribe" (i.e. become statute barred in Scottish terminology).

Dennis
@natdebtline

Sneelypops101

Hi Dennis,
Thank you for your reply.
I have already sent Lowell attached letters that I sent when it was getting investigated by the police. They just send me back the same letter over and over again 'Lowell have Investigated this and we cannot find any fraud'
Extremely frustrating! They just ignore everything I tell them.

National_Debtline

Hi again

From what you've said, it seems that at some point Vodafone or Red must have passed the account on to Lowell even though it had been deemed fraudulent and irrecoverable by then. Something somewhere has gone awry, as the debt cannot simply have rematerialised in Lowell's possession - it has come from somewhere else.

I think you need to go back to Vodafone to get to the bottom of this. I believe their company representative sometimes appears on these forums so maybe he/she will pop in and offer some help.

Dennis
@natdebtline

Sneelypops101

I just can't understand how it was sorted out and removed from my credit report and hear nothing for 3 years! Something doesn't add up and I know Lowell is a sneaky company. I'm quite tempted to report them to FOS!

sourcrates

Sneelypops101 wrote: »

I just can't understand how it was sorted out and removed from my credit report and hear nothing for 3 years! Something doesn't add up and I know Lowell is a sneaky company. I'm quite tempted to report them to FOS!

You need to complain to the compliance officer at Lowell, if you have not already done so, and PP a copy to vodaphone.(I don't think the FOS deals with mobile phone disputes).


Tell them the debt was run up due to fraudulent activity, it has been brought to the attention of the police (inc crime number if you still have it) Red have deemed it unrecoverable because of this, and the debt should never have been sold on to Lowell in the first place.
Inform them that unless this matter is dealt with to your satisfaction, including removal of negative information from your credit file, within 28 days, you will report them for harassment, you will refer the matter to Ofcom, and the information commissioners office.
You will also consider taking legal action against them ignoring a valid dispute.
Head your letter "COMPLAINT" in big red letters.

Vodafone

Hi Sneelypops101,

Thanks for making me aware of this.

So I can help you further, email me with your details via the link in our profile here.

All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me, quote the code WRT135 - MSE in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

fatbelly

Sneelypops101 wrote: »

Hi,
Need some advice.
Currently live in scotland.
I had an old Vodafone debt that was not mine, my account had been fraudulently used in March 2010 and this person has raked up a huge debt in my name. Back in March 2011 when I found out about this I tried for months to tell the debt company 'red' that it was nothing to do with me. In the end I went to the police and reported it, I gave them the name of the person who had commited this fraud and they got in contact with Vodafone and red and it is was cleared as fraud, I had a crime reference number and it was demolished from my credit report. All good.
Then a few months ago I received a letter from Lowell saying that I owed the money. I have written to them disputing that I do not knowledge the debt, giving them the crime reference number.
They write back saying they'll look into it, every letter they respond to me is word for word the exact same as the letters I recieved years ago. It looks like they are just copying the old letters.
I really don't know what to do? Im aware that as of March 2015 it will be statue barred. Do I go back to the police? Or hunt down the evil person that done this?

Red Debt collection IS Lowell - it's just a 'trading style'. It looks like Lowell bought the debt from Vodafone a long time ago and so I'm not sure how much (if any) influence Vodafone would have on Lowell's activity.

I think you should summarise your complaint and require a final response (feel free to mention compensation) within 8 weeks that you can refer to FOS regarding Lowell's debt collection practice.

The statute barred angle is not the main thing here as it's unlikely they would want your defence plonked in front of a judge if they started a court claim. It's the reinstated harassment and credit file entry that I think you should be rightly annoyed about.