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Overdale help!

Hello All,

I received a ‘notice of acting’ letter from overdales regarding an old debt. After reading the forum I have asked for more information and a full statement of the account and also the written agreement for the debt. They have replied today but I’m unsure exactly what it means and what I do next? I have quoted the email reply below, can someone please help. Many thanks in advance. 

 ‘We are currently managing a former EE Limited account on behalf of our client, Lowell Portfolio I Ltd under the reference of ////. The details of your account are noted below.

 

Lowell Reference: //// – Original Creditor – EE Limited – Original Creditor Reference: ////

 

This account was taken out via T-Mobile Direct on 23 May 2014 at your current address and is in relation to the mobile number of //// The handset provided was an Samsung SAMS7EDGE32BLA. The balance consists of an airtime debt of £101.64 and an early termination fee of £494.36 and the last payment received by the original creditor was on 19 October 2016 for £55.81.

 

We note your request for the agreement however, this debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy. We have however, requested a copy of the statement from our client. Once a response has been received, this shall be forwarded to you in due course.

 

In the meantime, activity on your account is suspended until further notice. Please be advised, independent legal advice is available should you wish to seek this.

Comments

  • fatbelly
    fatbelly Posts: 23,124 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    That depends on whether you want to insist that this is not your debt and nothing to do with you.

    or

    you accept the debt and want to set up a payment plan or offer a lump sum in full & final settlement

    Do you recognise the number or phone or account?
    Did you actually make that payment on 19 October 2016?
  • fatbelly said:
    That depends on whether you want to insist that this is not your debt and nothing to do with you.

    or

    you accept the debt and want to set up a payment plan or offer a lump sum in full & final settlement

    Do you recognise the number or phone or account?
    Did you actually make that payment on 19 October 2016?
    Thanks for the fast reply! Yes I did make that payment in 2016. If I can’t get out of the debt (not expecting to) is there anyway of lowering it? I obviously don’t want it to go to CCJ stage. Just trying to find options as I cannot afford a lump sum of that. Many thanks 
  • fatbelly
    fatbelly Posts: 23,124 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Sounds like the debt is £596

    They'd accept a payment plan or you can offer a smaller sum in full & final settlement.

    The start of the court process is the pre-action letter 

    https://debtcamel.co.uk/letter-before-claim-ccj/

    so you probably have a bit of time yet.
  • Karonher
    Karonher Posts: 958 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I cant see why they would lower it.  A payment plan would be the best plan if you cant pay a lump sum. 
    Aiming to make £7,500 online in 2022
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