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Lowell Debt

I recieved this letter in the post regarding debt from 2008. Can use advise me what I should be sending back. I believe that as I'm in Scotland the debt would have been barred in March 2014, that would be 5 years after the account defaulted. They also supplied an phone and a mobile account that was took out a few years back that was fully paid  as you can see the S5 was not out in 2008.

Comments

  • Is the last payment date accurate? 
    They want a reply where they are backing you into a corner to admit to the debt. So iwouldn't reply. Hopefully their next letter will just be another threat letter.
    Have you already admitted the debt and what proof have they sent? 
    ::A
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Seems an odd letter that shoots itself in the foot. 

    It gives a date of a last payment in one line. The next line admits to there being no account information.....
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • fatbelly
    fatbelly Posts: 23,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    If the last payment was August 2015, it goes statute barred under Scottish law in August 2020.
    Did you make a payment of £10 in August 2015?
    You say the account defaulted in March 2009, but that date is not in the letter.
    If the account did default in March 2009, did you acknowledge the debt by payment or  in writing after that?
  • I have never acknowledged this debt. Only reason I said about the March 2009 is because no payments were ever made to EE and that would have been 6 months after the original contract was took. I cant remember making any payments to this account. That's why I thought the account would have been already barred. 
  • sourcrates
    sourcrates Posts: 31,814 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    What default date is, or was given on the credit file entry for this account ?
    The information in that letter contradicts itself, and the disconection date is not shown either.
    They say they cannot provide any evidence of liability, so its dead in the water to be honest, i would write back, denying i made the £10 payment, inform them again under scottish law the debt is quashed, and even if it was not, they cannot provide evidence, so cannot take legal action, and for that reason you won`t be paying.
    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
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Just a thought. There was a handset with the contract. Was there a £10 top-up made by whoever now has the handset and the SIM? There is no apparent date of disconnection.
    If the last payment was August 2015, it goes statute barred under Scottish law in August 2020.
    Looks like you just sit still on this if you don't want to write back.

    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • sourcrates
    sourcrates Posts: 31,814 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Just a thought. There was a handset with the contract. Was there a £10 top-up made by whoever now has the handset and the SIM? There is no apparent date of disconnection.
    If the last payment was August 2015, it goes statute barred under Scottish law in August 2020.
    Looks like you just sit still on this if you don't want to write back.


    Only problem with that is you cannot top up a contract sim, and a PAYG sim is a seperate account entirly.
    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
  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Galaxy S5 in 2008? I was still using a Nokia 6230i back then!
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