Lowell Solicitors - Letter of claim help

Darren0410

**Firstly let me start by saying, yes I know debt has to be repaid even if it is very old. No excuses but I was very young and naïve once without proper education on the consequences of bad credit.**

Back in 2014 an ex had me take a mobile contract out for them with Three(I thought I was in love and that is just the tip of the iceberg to be honest). This contract was in my name but the ex didn't pay, I didn't pay and subsequently it was left. Over the years there have been hundred of debt letters regarding this and many others that I have just ignored. they soon stopped. The letters stopped and since I have got my act together and massively improved credit and actually paid a lot of stuff off. Fast forward to now and all of a sudden a few letters have started coming through for old debts. This one is the most worrying as I am worried all my previous hard work is going to be undone as they're threatening legal action. Now although my credit score has improved and lots of stuff has been paid or sorted out I am still in no position financially to start chucking money at the historic debts. I could set up plans to pay small amounts but that would take years. with this one I don't have years.

So it is a 'Letter of Claim' I have 30 days to respond or pay the full amount of £599.92. the letter then says, 'background to your debt'
'On 25/04/2014 you entered into an agreement with Three Mobile to provide you with a Three Mobile account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assigned to our client on 29/11/2018. Notice of the assignment has previously been given to you and you may request a copy of the agreement on the enclosed Reply Form.'

Now on my credit file the start date is the same yet the date of default is 07.07.2017 so I have a few questions...
A) Would this debt in fact be statute-barred? I know for a fact that I never actually paid much, If anything from the start date, never mind 3 years worth of payments.
Does the prove it template letter I have seen work the same way for this type of debt?
C) As I don't have money to throw at this would it be worth making a token gesture of £1 a week? Could they reject this and still go ahead with the CCJ.

I am particularly worried as CCJ's would seriously impact me joining the police. a career I have put of for many many years. Yes I should have joined up when I had the chance years ago and been more sensible with finances but we all make mistakes, I am now just trying to rectify all this as I am now, as they say 'an adult'

Thanks in advance for any replies.

sourcrates

Hi,

Won`t be statute barred for another 3 years, Lowell have sent you the LBA, you now need to fill that in and return it, you can make whatever offer you like, its not a massive amount of money, are you working currently ?,

if so £30/40 quid a month would be reasonable, and would avoid a CCJ.

If thats unafordable, then offer what you can and back it up with a copy of your budget, Lowell will pursue this so don`t think it will go away.

fatbelly

As a first step I'd be inclined to run with the process and take them up on the offer ' you may request a copy of the agreement on the enclosed Reply Form.'

As there won't be an agreement - it's not that sort of debt.

Follow the guidance here
https://debtcamel.co.uk/letter-before-claim-ccj/
ticking boxes c and I

But in your case this may just be a delaying process. I've recently defended (successfully) a Lowell mobile phone debt but it was clear from the outset that Lowell really knew nothing about the debt they had bought. In  your case there may be enough evidence. Anyway if box I asks for everything you can think of you'll see what comes back.

Better than using a prove-it at this stage.

Darren0410

so further to my original post, I have received this back. So it seems they know all about the debt and upon checking bank statements, the last payment was as they say. So where do I go from now. I could make an offer to pay but It would be minimal, we are talking 5 pound a week tops. What would you guys suggest?

fatbelly

An offer of £5 per week repays the debt in 120 weeks. That's a timeframe that would be accepted by a court (the monthly equivalent is £21.66).

So they wouldn't get any more if they declined that offer.

I don't think you are going to get to the 6-year point with this and you don't seem to disagree with any of their statements. It may be your least worst option.

[Deleted User]

Started 25th April 2014, ended 22nd November 2016. Surely it was past the 24 month contract period so you would have only owed payment for the 30 day notice period and not the whole contract. How come it's £599.92?

sourcrates

Deleted_User said:

Started 25th April 2014, ended 22nd November 2016. Surely it was past the 24 month contract period so you would have only owed payment for the 30 day notice period and not the whole contract. How come it's £599.92?

The contract continues until cancelled by the account holder, or until the account defaults for non payment, the 24 month contract remember, is just a minimum term, hence the extra charges.