Lowells/Overdale letter of claim now claimform - Re: 2015 vodafone debt - statute barred?

[Missnka]

Happy new year all!

 

Hi,

 

I received a letter of claim for Overdales Solicitors acting on behalf of Lowells.

 

I phoned (without admitting anything, only giving name, address, DOB) and discovered the debt is for Vodafone from 21st April 2015. That makes it 6 years and nearly 9 months old. This is the first I am hearing of it and have never been contacted before about it. 

 

Should I proceed with a CCA request or a Statute Barred letter? And which company/address should I send correspondence to? or both?

[AndyOrch]

Statute Barred...you cant use a CCA request on mobile agreements s they are not covered by the CCA1974.

 

Is the following what you have received ?

 

Andy

[Missnka]

Hi Andy,

 

Yes, I did receive a letter with that information and threatening court action in 30 days.

[AndyOrch]

Return the pack and include our Statute Barred letter

[Missnka]

Hi Andy,

 

Is the letter literally those few paragraphs, so more like a statement? I did follow the link too. It seems brief.  Do I send it to Overdales or Lowells or both?

[dx100uk]

Our sb letter is in the debt collection section of our library

 

dx

[Missnka]

Ah-ha! Thank you so much for your help. x

 

I will update.

Wish me luck! 

[dx100uk]

Staple a copy of page 1 of the letter of claim to it and send by 1st class post to overdales.

get free proof of posting from any po counter.

 

Dx

[dx100uk]

Oh and next time never ring a dca they will lie and state things they'd never put in writing on the phone to fleece people.

 

They have zero legal powers and are not BAILIFFS.

 

if you have other old debts last paid or used within say the last 7yrs and youve moved and never informed your debt owners, just remember you are in danger of backdoor ccj.

 

Lowell are one of the better dca with abiding by rules and use letters of claim, others dont...never run a risk for the sake of a 2nd class stamp!!

[Missnka]

Great advice, thank you!

[Missnka]

Hi, 

 

I have a reply. Overdales solicitors say they have a date of the last payment being received on 31 July 2016. I have checked my bank account (AGAIN) and have no payments to Vodafone AT ALL in that month or Jun/May/Apr/Mar (or after) 2016. It is my only bank account.

 

They have said the account defaulted in Sept 2016, yet it is impossible for there to be a payment from me in 6 six years. I have checked! If it is statute barred from last payment and communication, then it is DEFINITELY 6 years if this debt truly exists. They have quoted Section 5 of the Limitation Act 1980. They have put the account on hold. 

 

What should I do now?

Edited January 18, 2022 by Missnka
spelling

[dx100uk]

ignore them.

 

dx

[Missnka]

Oh, ok!

 

Thank you!

[Missnka]

Hi again,

 

I have just received a CCJ claim form from Overdales Solicitors acting for the client Lowell.

I guess I should now complete the form saying I dispute the claim. Any advice on how to word my defence or any evidence to use? 

 

It says "the debt was legally assigned to the claimant on xxxxxx date."  But My last contact/payment as checked thoroughly with my bank shows its definitely been over 6 years! The date of 'assignment' surely is not valid  in a statute barred case. Please can you help?

 

 

[dx100uk]

Please complete this

 

 

[Missnka]

Hi there!

 

Due to looking after young babies I applied for extra time.

 

Thank you for your help so far! Here are the answers: 

 

 

Which Court have you received the claim from ? MCOL Northampton N1

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue – 24 Feb 2022

 

( I have applied for 14 days extra time) So I have until Tuesday 28 March.

 

Particulars of Claim

 

What is the claim for –

 

1. The claim is for the sum £439 due by the defendant under a xxx account with account reference of xxx. 

 

2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 30-12-16, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50.

 

5.The claimant claims the sum of £439.

 

What is the total value of the claim? £574

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO, just another reminder to pay

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES (But I had my mail forwarded so I know there was no previous contact)

 

Did you inform the claimant of your change of address? No

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? , mobile phone

 

When did you enter into the original agreement before or after April 2007 ? After

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? The original mobile provider debt does not. The Lowell debt does show on equifax.

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? I had no idea I owed anything.

 

What was the date of your last payment? My bank account says 1st Feb 2016

 

Was there a dispute with the original creditor that remains unresolved? No.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

[dx100uk]

You mean you filed your AOS and got the extra 14 days as you should anyway?

 

Or Who gave you this extra 14 days. The court itself as?

 

Dx

[Missnka]

I applied for 14 extra days on top of the 14 days allowed to respond. I signed in online and filled the appropriate sections to be allowed more time to respond. 

Edited March 24, 2022 by Missnka
added a sentence

[dx100uk]

The debt is statue barred .

 

More than 6yrs have elapsed between last payment date and claimform issuance date

 

Dx

 

 

[Missnka]

Yes, I already wrote to them after that date issuing a statute barred letter as you advised above. They responded with this CCJ claim.

[Missnka]

How can I prove this in the claim? How do I respond since they have ignored my statute barred letter?

[dx100uk]

Not for you to prove 

Them to disprove SB.

 

You mean you logged into mcol and completed the AOS section?

 

Dx

 

[Missnka]

Yes that's correct.

[dx100uk]

you auto get an extra 14 days when you do that so .....

 

copy and paste this into the defence section on mcol.

 

nothing more to do other than fill in the bits advised.

 

should kill it dead, 

 

1 The Claimant's claim was issued on (insert date).

 

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.

[Missnka]

Thank you very much! I shall let you know how I get on.

 

Goodnight