Overdales/Vodafone

[N1Y]

Hi,

This is my my first post about a debt,I’m hoping somebody could give me some advice.



I received a letter before claim from Overdales solicitors about a Vodafone account claiming I owe money.

I sent off a prove it letter to which they have replied with the response below.




The last payment was made to Vodafone on 26 March 2016 for £39.34 by direct debit.

The telephone number was *********** and the disconnection data was 12 December 2016 the tarrif description was “24mth band e ultdmin ultdSMS 6gb 4Gred” and the balance relates to airtime debt.



I’ve had no communication by telephone or writing since the last payment on March 2016… am I right in thinking that this debt statue barred?




Thanks.
Nic

[atticus]

The date of 12 December 2016 appears significant. I assume that is the disconnection date (not data).

[N1Y]

Due to the typing error it is reference to “date” not data.

[echat11]

The debt would be statute barred on the 26th March 2022, providing no payment or written communication admitting the debt has been made since 26th March 2016. When 3 payments has been missed Vodafone would have defaulted the account in June 2016.

If Vodafone continued to provide service after the account was defaulted in June 2016, well that's down to them.
That date (12th December 2016) is meaningless.

Send the following template, amend if necessary, make sure you get Proof of Postage. Update when you get a response.

https://legalbeagles.info/forums/for...ed-debt-letter

[N1Y]

Brilliant! Thanks for your reply. Should I send the statute-barred letter to both Lowell and Overdales? or just Overdales solicitors?

[echat11]

Brilliant! Thanks for your reply. Should I send the statute-barred letter to both Lowell and Overdales? or just Overdales solicitors?

You can send it to both, please update the thread once you get a response. Make sure you get Proof of Postage.

[atticus]

When did the OP last use any airtime?

[echat11]

When did the OP last use any airtime?

Probably December 2016, but would need to send a Subject Access Request to find out.

[atticus]

on that basis, how can he suggest that the cause of action arose earlier?

[N1Y]

Airtime was last used March 2016

[atticus]

OK. Did you sign up to a 2 year contract? Would it have expired in December 2016?

[N1Y]

OK. Did you sign up to a 2 year contract? Would it have expired in December 2016?

I signed up to a 2 year contract that would have expired on feb 2017.

[echat11]

I signed up to a 2 year contract that would have expired on feb 2017.

Send a Subject Access Request to Vodafone, they have 30 days to provide all the data they hold under the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[echat11]

on that basis, how can he suggest that the cause of action arose earlier?

I'm fairly sure the T & C's state that if payment isn't made / account bought up to date within a specified period, then the OP would be in breach of their T & C's, they stipulate when and what actions they would take.

[atticus]

would take or could take?