lowell pre-legal assessment

andy25142322

I've had a letter from Lowell referring to an agreement taken out in 2012/13 (Vodafone). At the time I was suffering from mental health issues (diagnosed depression, un-diagnosed BPD) and took out lots of credit in a short space of time.

I'm wondering if I can argue this debt on these grounds?

Any help would be greatly appreciated!

sourcrates

Hi,


When did the debt default, what date ?


Your not going to get out of a paying a mobile contract because of what you have posted, its too long a road to travel, if the debt defaulted over 6 years ago then it would be statute barred under the limitations act 1980, so the default date is important here.

andy25142322

According to my credit file it was 01/04/2013

sourcrates

andy25142322 wrote: »

According to my credit file it was 01/04/2013

Oww arnt Lowell on the ball, in two weeks time the account becomes statute barred, they have until the 1st April to start legal action, so you now need to delay this happening.


You need to send them the "provit" letter, available here :


https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter


This should keep them busy for the next few weeks and with any luck will miss the April fools day deadline for court action.


If they commence action after that date, then statute barred is a full defense to any claim.

andy25142322

Thanks for the advice. Will get this sent ASAP.

andy25142322

just noticed they have given me a deadline for today. is it worth sending that letter to them via email?

WhenIam64

is it worth sending that letter to them via email?

Email is OK but to be sure send a letter by first class post with proof of posting. Keep the PoP and see the s7 of the Interpretation Act 1978. Email wasn't as popular then.

https://www.legislation.gov.uk/ukpga/1978/30/contents

overlander

IGNORE the letter they are fishing, the clock starts running not with the default date BUT the last time you acknowledged the debt. Normally this means the last payment so most likely already barred. But make sure you do not acknowledge the debt in your letter.

sourcrates

overlander wrote: »

IGNORE the letter they are fishing, the clock starts running not with the default date BUT the last time you acknowledged the debt. Normally this means the last payment so most likely already barred. But make sure you do not acknowledge the debt in your letter.

That was the perceived case until recently.

A precedent has been set in the high court that the default date is now accepted as the date the “cause of action” started.

fatbelly

The prove it letter does not count as an acknowledgement. It's very clear:

"I would point out that I have no knowledge of any such debt being owed to CREDITOR"

Replace CREDITOR with "Lowell or any organisation that you claim to represent"

Sending by post, signed for, is probably best.

For a mobile phone contract, the cause of action is probably the contract termination date, which may well be recorded on your credit file as default date. This can be extended by payment or acknowledgement in writing. Sourcrates is right to say that it sounds like the debt will be statute barred on 1/4/19 if you have not done either of those things since 1/4/13.

That is to say they have ten days to start a court claim. They should precede a claim with a formal pre-action protocol letter giving you 30 days to reply. It's possible a court would overlook that but there seems no good reason why they have left it so late. I think you'll be OK but let us know what happens.

[Deleted User]

Lowell were chasing me for an on T-Mobile debt well after it was statute barred and well after it was off all my credit files.

They eventually dropped the case and marked it as closed when their made up excuses about previous payments and contract termination dates ran out.