Lowell - Payment Due - Potential Statute Barred

beyond92

fatbelly wrote: »

I can see that you're very keen to send Lowell a SB letter but I would urge caution for now.

I do not know the wording of the Vodafone contract but there may be a contractual requirement for the contract to be terminated before any action can be taken. If so then the default date probably records the termination date and a judge may well see that as the 'cause of action' in a statute barred case.

Did Vodafone actually confirm the date of 5 November 2012?

If Lowell Solicitors send a threatening letter, send them a prove-it. If they send a standard pre-action protocol letter, fill it in along the lines suggested by Debt Camel.

You should now get to November quite easily. I can't see you getting a ccj on this now. But personally I'd save the full-blown SB letter to the new year, when it should be safe.

Perfect, thanks for your response - yeah just gonna have to hold the fort I think.

I have just checked my credit report and the default date is the 5th November, which links with the account log that Vodafone provided me in my SAR report.

So far I have received 3 friendly letters from Lowell since September, so I will see what happens between now and then. I am expected at least 1 more.

beyond92

Did not receive another letter and we have now passed the 5th November - which was my default date in 2012.

Going to keep quiet for now and see if I get any other letters - as I know they are still entitled to chase. Does this mean I am now statute barred? This is my main concern.

fatbelly

Yes, but as I said before:

You should now get to November quite easily. I can't see you getting a ccj on this now. But personally I'd save the full-blown SB letter to the new year, when it should be safe.

I've challenged Lowell a few times that a debt is statute barred and they always hold their hands up and admit it. But I always wait until it is six years past their stated default date.

D_M_E

But be aware that they are likely to send any court claim letters, such as letter before claim, pre action stuff, court claim, etc etc to your previous address despite the fact that they have your current address, which you can prove from the letters they have sent.

beyond92

D_M_E wrote: »

But be aware that they are likely to send any court claim letters, such as letter before claim, pre action stuff, court claim, etc etc to your previous address despite the fact that they have your current address, which you can prove from the letters they have sent.

Thanks both.

In reply to the above - no surprise. Looked on Equifax and nothing regarding a CCJ is filed yet. I presume by sending it to my old address whilst clearly having my new one means that I’d have a chance of claiming against it? Or maybe not..

fatbelly

Lowell are not my favourite organisation but if they are writing to you at your present address that's where they would send a pre-action letter, after putting it to Lowell solicitors for a couple of letters.

I'd be surprised if any of that happens now. Give it a month or so, which probably means January, and send them the statute barred letter.

beyond92

fatbelly wrote: »

Lowell are not my favourite organisation but if they are writing to you at your present address that's where they would send a pre-action letter, after putting it to Lowell solicitors for a couple of letters.

I'd be surprised if any of that happens now. Give it a month or so, which probably means January, and send them the statute barred letter.

Thank you. I only got a few 'friendly' letters from them, the last one being received mid-October. So fingers crossed. I will wait before sending a SB letter.