Overdales seeking debt from 2017

Dan198Zero

So long story short, in 2017 I had a mobile contract with BT, I used to travel a lot and BT claimed I once used my phone during one of these trips. Which I did not as I always swap sim cards on the plane. After refusing to pay the bill I left it at that. 

The last 6 years I have been out the UK and since returning last Sept I have received numerous letters from Lowell about the debt. I filled these into the waste bin. 

Now the debt has been passed on to Overdales who are threatening me with County court action if I do not pay within 30days. Spoken with a few friends and someone mentioned about even if I do owe the money as I've been away so long they can no longer take me to court. 

So do I carry on ignoring these scumbags or should I pay up. It's not much only £199 but it's the fact I went through so much arguing the matter with BT which frustrates me the most.

Thanks for any advice. 

Brie

I'd send them the prove-it letter.

Debt-Free Wannabe Sticky - Provit & Statute Barred Letters, Defaults, Help and Guidance, All Here... — MoneySavingExpert Forum

send it by post, don't ring, text or email them.  chances are they know that the debt can't be proved so they may not respond.  Or they may respond with info that shows that the debt is statute barred in which case you can then mail them the statute barred letter.  

don't at any point admit that you might owe something to anyone as that resets the clock and they will have another 6 years to chase you.

RAS

Double, send the Prove it letter. Doesn't admit liability. And come back with their response.f

fatbelly

Actually...

If there is a 30-day limit then it sounds like you have had a formal preaction letter with reply form.

If I am correct then you can check what you have received, and complete the form according to this guidance

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

Do you have a termination date for the account? Does one show on your credit report?

Dan198Zero

fatbelly said:

Actually...

If there is a 30-day limit then it sounds like you have had a formal preaction letter with reply form.

If I am correct then you can check what you have received, and complete the form according to this guidance



Do you have a termination date for the account? Does one show on your credit report?

Yes they have sent a reply letter for me to fill in and return within 30 days, with a background of the debt. There is no termination date for the account with BT on a start date and when they took over the account 26/03/2021. Also nothing on my credit report. It's clean.

fatbelly

Well that's something to ask for in Box I on the form.

The fact that this isn't on your report may indicate it happened over 6 years ago

If this was terminated before Jan 2019 then you have an easy defence if they continue to a claim - it is statute barred under s5 of Limitation Act 1980

Bear in mind that Lowell get little information when they buy a mobile account and the seller isn't interested in helping them.

So engage with the process and ask loads of questions. I can't see them putting a lot of time and money into something they paid £20 for