Lowell - Payment Due - Potential Statute Barred

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2

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  • beyond92
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    Brummie85 wrote: »
    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.

    Good point, I will send off a letter/form to them tomorrow and hopefully in the meantime I don't hear from Lowell again.
  • beyond92
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    Just_Di wrote: »
    You're welcome :)

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

    Di

    Sent this morning. Their form wanted the address linked to the old account, I have put on it my new address twice and made it clear I want it sending to my new address so hopefully it doesn’t go to my old one linked to the account!
  • Just_Di
    Just_Di Posts: 385 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    beyond92 wrote: »
    hopefully in the meantime I don't hear from Lowell again.

    If it's Lowell Portfolio (debt owner) writing to you they will probably send you another letter from the template library in about a month's time.

    I wouldn't worry too much unless you hear from Lowell Solicitors which may require a response.

    If they send you a Letter Before Claim you have 30 days to reply during which you can request various documents such as a Default Notice (if relevant), Notice of Assignment etc.

    With any luck you'll reach the SB moment in December before you run out of options.

    Di
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
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    Hi beyond92,

    We'd like to take a closer look into this for you, to see if there's anything we can do to help.

    Please email us via the form here. To access it, you'll need to enter the code WRT135.

    As well as stating your query in the question box, please also quote "MSE Forum". Once sent, you'll receive an automated reply with a reference number to confirm we’ve received your email.

    Kind regards,

    Chazz

    Vodafone Social Media
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • sourcrates
    sourcrates Posts: 28,953 Ambassador
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    Vodafone wrote: »
    Hi beyond92,

    We'd like to take a closer look into this for you, to see if there's anything we can do to help.

    Please email us via the form here. To access it, you'll need to enter the code WRT135.

    As well as stating your query in the question box, please also quote "MSE Forum". Once sent, you'll receive an automated reply with a reference number to confirm we’ve received your email.

    Kind regards,

    Chazz

    Vodafone Social Media


    Just out of curiosity chazz, Vodafone seems to appear on this forum more often than most of the other mobile networks, I just wondered if any of the members who complain about the issues they are having ever get a resolution ?


    As far as i can recall, not one has ever been back to update us as yet.


    Would you say your record in this dept is good ?
    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
  • beyond92
    beyond92 Posts: 36 Forumite
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    Hi all,

    Thanks for your previous help. And thanks to the above advisor, but I went through the official SAR procedure and have received a response today.

    Just also as a side-updated, I have received two more template letters from Lowell. Both in a friendly tone again, basically asking what's up.

    I feel via the information that I am actually now statute barred but want someone to confirm.

    Here goes:

    - You have asked for your contract dates, we can confirm these were from start date 22 January 2010 to end date 21 January 2014. You did an early upgrade with us on 26 October 2011 during your first contract term.

    - You have asked for your last payment made to Vodafone, we can confirm this was on date 02 June 2012 for the amount of £20.

    - You have asked for your last contact with Vodafone, we can confirm this was the 17 August 2012 via our Live Webchat Service.

    So it has been over 6 years since I last made contact with Vodafone, and also over 6 years since I last made a payment. Am I now statute barred and can send Lowell the necessary letters?

    Just to reiterate info in my original post - I defaulted in November 2012

    Any help is very much appreciated.
  • beyond92
    beyond92 Posts: 36 Forumite
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    Just_Di wrote: »
    If it's Lowell Portfolio (debt owner) writing to you they will probably send you another letter from the template library in about a month's time.

    I wouldn't worry too much unless you hear from Lowell Solicitors which may require a response.

    If they send you a Letter Before Claim you have 30 days to reply during which you can request various documents such as a Default Notice (if relevant), Notice of Assignment etc.

    With any luck you'll reach the SB moment in December before you run out of options.

    Di

    Heard back, see my reply above :)
  • BoltStar
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    Statue Barred will be effective from the month that you defaulted on the account on this occasion seeing as your last payment and contact were before Nov 2012.
  • beyond92
    beyond92 Posts: 36 Forumite
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    BoltStar wrote: »
    Statue Barred will be effective from the month that you defaulted on the account on this occasion seeing as your last payment and contact were before Nov 2012.

    Thanks - and I presume it becomes Statute Barred on the exact date rather than the entire month? I'd need to reference my credit file but unsure if it specified a date or just the month.

    I notice on the log they sent me as part of the SAR that there's an entry on the 5th November before the next log which is in July 2013, where they sold it to a debt collection agency. So perhaps the 5th is the date.
  • fatbelly
    fatbelly Posts: 20,621 Forumite
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    edited 17 October 2018 at 8:52PM
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    I can see that you're very keen to send Lowell a SB letter but I would urge caution for now.

    I do not know the wording of the Vodafone contract but there may be a contractual requirement for the contract to be terminated before any action can be taken. If so then the default date probably records the termination date and a judge may well see that as the 'cause of action' in a statute barred case.

    Did Vodafone actually confirm the date of 5 November 2012?

    If Lowell Solicitors send a threatening letter, send them a prove-it. If they send a standard pre-action protocol letter, fill it in along the lines suggested by Debt Camel.

    You should now get to November quite easily. I can't see you getting a ccj on this now. But personally I'd save the full-blown SB letter to the new year, when it should be safe.

    Edit: I've challenged Lowell a few times that a debt is statute barred and they always hold their hands up and admit it. But I always wait until it is six years past their stated default date.
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