Lowell chasing old Vodafone Contract

[albob222001]

I had a contract with Vodafone which I took out in 2008,

I got into financial difficulty and my contract was cancelled in 2010.

I was on disability benefits at the time and suffering from mental illness

but I don't know if that is relevant.

 

In October last year I took out a brand new contract with Vodafone and my payments are up to date.

 

I have been contacted by a debt collection agency (Lowell) chasing a debt of £210

from my Vodafone contract cancelled in 2010.

 

Having chatted with Vodafone via their online chat they have informed me that this was my bill plus an early termination fee.

 

I now have my current contract and an old debt to Vodafone to pay and I cannot afford them both.

 

Can Vodafone chase an old debt if they have issued me a new contract?

 

Do I have any options here?

[dx100uk]

its not voda chasing - its a debt buyer lowells, [a DCA]

 

 

voda have sold the debt on and written off the debt

and reclaimed/made whatever they can by selling the debt for a 'price'

 

 

just remember a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

[silverfox1961]

Hi

Sorry to DX for jumping in here.

 

It is highly likely that VF added an admin fee as well as the termination fee which renders the 'debt' completely wrong as VF add this fee as a percentage of the outstanding amount instead of the actual costs involved with administrating the account.

 

Do you know when in 2010 the account got cancelled. As it is only February it is unlikely to be statute barred at this stage.

 

Vodafone have started using a new system and the VF staff don't seem to be able to communicate with the old system very well so don't know exactly what is what.

They also store contracts off site and in a way that makes it very hard for them to locate.

 

With Lowell, does it mention anywhere 'their client'. I doubt it will after this length of time as it is more than likely VF have sold Lowell the debt.

 

Don't ring Lowell ever. If there is a need to contact them, always do it in writing. If you do choose to contact them, get them to prove the debt exists and a full breakdown of it.

 

After this length of time, I find it unlikely they will attempt court action but we on CAG know that DCAs can be unpredictable.

 

Please note. ANY correspondence with Lowell must be headed '! acknowledge no debt to you nor any company you claim to represent' This tells them straight where you stand

[albob222001]

I have not yet responded to Lowell so I have not admitted the debt to them nor have I made any document request from them at this time.

I did contact Vodafone and they did locate the old account but again at this point I have not requested anything from them other than asking them to write off the debt which they refused - that was there final response, I saved the chat transcript.

 

The contract started 14/12/2008 but the default was 02/11/2010 so not barred yet.

 

As bad as it sounds I think maybe just ignore it and hope that Lowell don't escalate it to court and then if they do that request CCA etc but if they don't wait for it to become statute barred. It will be off my credit report in November. Plus it clearly hasn't affected my ability to get a contract with vodafone since I have one with them now on all the same details included address.

[silverfox1961]

The problem with mobile phone contracts is that they are not covered by the CCA 1974 so you cannot use the act to get a copy of your contract. Also, if you were to SAR VF, the generally wouldn't supply a copy of the contract as that would involve 'disproportionate effort' to obtain it however, I feel that if Lowell did try the court route, they would be required to supply the contract meaning that they would likely fall at the first hurdle.

 

Lowell would have bought this debt for pennies in the pound in the hope of getting the full amount off you. It is just business to them. Nothing personal...ever!

[fkofilee]

Agree with SF... Just be careful because Lowell think that Phone debts are an easy picking. I knocked off 7 accounts with Lowell in one go because they wouldn't supply agreements under a formal complaint.

You can formally request said agreements from them as proof of a signed contract, but it wouldnt be under the CCA 1974 and it wouldnt require £1 either.

 

I would ignore Lowell TBH. Not worth the time for such a low amount.