Lowell - Payment Due - Potential Statute Barred

beyond92 · 10 September 2018 at 8:57PM

Hi all,

Today I received a letter from Lowell, it is regarding a Vodafone debt from 2010.

They have written to me with one of their 'payment due' letters which simply says that as 'new' owners of this account, they wrote to me previously. And that they are contacting me to agree how to repay. By this I think they mean they sent a letter to my old address, have sussed out my new one - and are now getting in touch to agree a plan.

The start date was Jan 2010 and defaulted in November 2012. However, I am almost certain that within the past 6 years I have not made any contact or payments regarding this debt, therefore potentially making it statute barred?

My worry is that Lowell contacted me at my previous address within the 6 year limitation period. I am thinking of sending a reply letter, asking them to confirm the exact dates they contacted me (with proof) before sending them a letter on it being statute barred.

Is this a good idea? Will they comply?

My idea letter goes..

Dear Sir/Madam,

You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.

Your letter, addressed 5th September 2018, claims that you have written to me previously.

Can you please provide me with a full list of what specific dates you have contacted me with proof.

Any help much appreciated before my next step.

sourcrates · 10 September 2018 at 9:39PM

Makes no difference when they contacted you, so the above letter is irrelevant.

The only thing that matters is if they start court action before the 6 year limit is up, it appears from what you say they have not done so, so with that in mind, I would send the statute barred letter available from the National Debtline website, this then puts the ball firmly in their court.

Just_Di · 10 September 2018 at 9:42PM

beyond92 wrote: »

I received a letter from Lowell, it is regarding a Vodafone debt from 2010.
. . . . The start date was Jan 2010 and defaulted in November 2012. However, I am almost certain that within the past 6 years I have not made any contact or payments regarding this debt, therefore potentially making it statute barred?

My worry is that Lowell contacted me at my previous address within the 6 year limitation period. I am thinking of sending a reply letter, asking them to confirm the exact dates they contacted me (with proof) before sending them a letter on it being statute barred.

Is this a good idea?

My suggestion is that you need to establish whether this debt is Statute Barred (privately) before you go in guns blazing telling them it is when it might not be.

That's the quickest way to get a claim issued because they can ignore Pre Action Protocol (to send you a Letter Before Claim) if the Statute Barred clock deadline is imminent.

So when would this Vodafone contract have expired regardless of when you last paid them?

I note you say the account was defaulted in November 2012 and sometimes the default date is relevant to Statute Barred status (in law).

I don't know the full facts but from what you say you may be inches away from this debt becoming SB so tread carefully.

Di

beyond92 · 10 September 2018 at 9:43PM

sourcrates wrote: »

Makes no difference when they contacted you, so the above letter is irrelevant.

The only thing that matters is if they start court action before the 6 year limit is up, it appears from what you say they have not done so, so with that in mind, I would send the statute barred letter available from the National Debtline website.

Thank you.

This current letter is actually quite "friendly" (presumably because they refer to me as a "valued customer" due to another debt I have paid off) and there's no talk of court action.

I will send them the letter. The faux default date (which I believe has been brought forward) is December 2012, so should drop off my file then.

beyond92 · 10 September 2018 at 9:47PM

Just_Di wrote: »

My suggestion is that you need to establish whether this debt is Statute barred (privately) before you go in guns blazing telling them it is when it might not be.

That's the quickest way to get a claim issued because they can ignore Pre Action Protocol (to send you a Letter Before Claim) if the Statute Barred clock deadline is imminent.

So when would this Vodafone contract have expired regardless of when you last paid them?

I note you say the account was defaulted in November 2012 and sometimes the default date is relevant to Statute Barred status (in law).

I don't know the full facts but from what you say you may be inches away from this debt becoming SB so tread carefully.

Di

Inches away... yeah that's my worry.

I think I need to contact Vodafone and find out some more details, but I think the contract would've been up after 12/18 months, as 24 month contracts weren't as normal in 2010.

So therefore January 2011 or July 2011.

Do you think I should find out via Vodafone in private, when my last payment was/when the contract should have ended?

Last thing I want to do is aggravate Lowell into a claim, I cannot afford a CCJ, I would rather just enter a repayment contract.

Just_Di · 10 September 2018 at 9:49PM

beyond92 wrote: »

This current letter is actually quite "friendly" (presumably because they refer to me as a "valued customer" due to another debt I have paid off) and there's no talk of court action.

I will send them the letter. The faux default date (which I believe has been brought forward) is December 2016, so should drop off my file then.

I'm not sure if you've seen my previous post but the default date is relevant to the Statute Barred status (or not).

If you say the Default date is December 2016 then it's possible that this debt will not become Statute Barred until December 2022.

If the current letter is "quite friendly" then consider whether it needs a response, especially if your response may not help your legal position.

If there's "no talk of legal action" then maybe there's no need to reply to that letter?

Di

beyond92 · 10 September 2018 at 9:53PM

Just_Di wrote: »

I'm not sure if you've seen my previous post but the default date is relevant to the Statute Barred status (or not).

If you say the Default date is December 2016 then it's possible that this debt will not become Statute Barred until December 2022.

If the current letter is "quite friendly" then consider whether it needs a response, especially if your response may not help your legal position.

If there's "no talk of legal action" then maybe there's no need to reply to that letter?

Di

I saw your reply, replied above

Just to clarify, the default date is December 2012. I accidentally put 2016 (thought I managed to edit in time!)

Just_Di · 10 September 2018 at 9:58PM

beyond92 wrote: »

the default date is December 2012. I accidentally put 2016 (thought I managed to edit in time!)

Okay

So the account was defaulted in December 2012 (thank you for clarifying that) which means this debt may not become Statute Barred until December 2018.

Maybe you shouldn't rock the boat before December 2018.

Why not send a Subject Access Request to Vodafone to get the full history of this account. Since 25th May it's free to send a SAR so that's what I suggest should be your next step.

Di

beyond92 · 10 September 2018 at 10:05PM

Just_Di wrote: »

Okay

So the account was defaulted in December 2012 (thank you for clarifying that) which means this debt may not become Statute Barred until December 2018.

Maybe you shouldn't rock the boat before December 2018.

Why not send a Subject Access Request to Vodafone to get the full history of this account. Since 25th May it's free to send a SAR so that's what I suggest should be your next step.

Di

Thanks, that was one of my main worries (rocking the boat unnecessarily).

I will send an SAR. I believe the timescale for response is shorter for this now too, due to GDPR?

I was just about to contact Vodafone via their live chat service to ask for details. Should I do this or should I avoid and only get in touch via an SAR?

Thanks for your advice btw.

Brummie85 · 10 September 2018 at 10:15PM

beyond92 wrote: »

I was just about to contact Vodafone via their live chat service to ask for details. Should I do this or should I avoid and only get in touch via an SAR?

The live chat operators on the website may not be able to access that information anyway, or discuss it without a verification.

Getting them to reply in writing with the information is also probably a better option. The reply will be dated, assignable to a person and would generally considerable more credible if you needed to present it as part of your case.

Just_Di · 10 September 2018 at 10:23PM

beyond92 wrote: »

I will send an SAR. I believe the timescale for response is shorter for this now too, due to GDPR?

Thanks for your advice btw.

You're welcome

Under GDPR Vodafone has 30 days to respond to your Subject Access Request.

Di

Lowell - Payment Due - Potential Statute Barred

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