STATUTE BARED???? Mobile phone contract from May 2010 .

**charitynjw** · 17th October 2016, 16:07:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

ina's post #3

Good afternoon,
Last payment was made on 12 May 2010.
I have no idea when Tmobile terminated the agreement, unfortunately.
Yes ,I did receive a claim and the issue date is 14 Sep 2016, for the amount of 875.94 GB.The claimant is LOWELL and the solicitors, Cohen Cramer solicitors.
Monday the 17 October is the last day when I can send my defence to the CCJ.
I didn't send any letters to them or any other form of acknowledgement to any debt collection agency. Only with Tmobile I have tried to resolve the issue over the phone until September 2010. Nothing since that date.
I don't know if the debt is statute barred, I really hope it is. Can be statute barred if they take me to CCJ?
Particulars of claim.
The claim is for the sum 699.06.
due by the Defendant under a non regulated The Sigma-FInancial GroupLimitedaccount with an account reference of......
The Defendent failed to mantain contractual payments required under the terms of the account agreament.
The debt was legally assigned to the claimant on 12 nov 2015, notice of wich was been given to the defendant.
The claim includes statuory interest under S69 of the County Courts Act 1984 at a rate of 8%per annum from the date of assignment to the date of the issue of these proceding in the sum of 46.88
The claimant claims the sum of 745.94

It would appear that ina disputed with TM, but only on the 'phone.
No written correspondence to either TM or Lowells/sols (Cohens)

**nemesis45** · 17th October 2016, 16:13:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Thank [MENTION=5553]charitynjw[/MENTION]

not a lot to go on thinking straight to the point SB defence is all there is.

nem

**charitynjw** · 17th October 2016, 16:27:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

Post #1

In May 2010 I had a contract with Tmobile, they charged me for calls to lycamobile in the UK as international calls and I didn't pay the bill. Soon after that my account was closed wile in dispute and my file was transferred to a debt collection agency. Since then I didn't have any contact with them.

Then post #3

Last payment was made on 12 May 2010.
I have no idea when Tmobile terminated the agreement, unfortunately.

I guess any defence is better than none.
Lowells probably won't have a history, so maybe SB + account was disputed with TM in May 2010 due to erroneous charges?
& then just hope that being late a couple of hours or so will be accepted by court.
Maybe send via email with a grovelling apology to court?

**nemesis45** · 17th October 2016, 16:29:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

County Court Claim No.......................................

Between.

Lowell Portfolio ( I think) Claimant

and

Ina,,,,,,,,,,,,,,,,,,,,,,,,,, Defendant.

1. On date I received claim No........................ via the Northampton County Court Business Centre, which has been acknowledged.

2. This claim refers to an account with T mobile for telephone services.

2. (a) The defendant admits to having a contract with T Mobil.

2. (b) There was an ongoing dispute with the original creditor.

2. (c) The defendant does not recall receiving any notice (s) of assignment regarding this alleged debt.

3.Each and every part of the claim is denied unless specifically admitted in this defence.

4. Trying to think back here was there a dispute? what was it?

5. The defendant avers that this matter is statute barred under section 5 of the Limitation Act 1980 no payment or written acknowledgment having been made in more than 6 years.

5. (a) The Last payment to this account was made on date:............................

6. The claimant is therefore unable to enforce the alleged debt

7. The claimant is not entitled to the relief claimed or any relief.

Statement Of Truth.

I In................. being the defendant in this claim believe that the statements made above are the truth.

Signed............................................ ....................................Dated:
Print your name here////////////////////////////L

With info available that all I can think of.

nem

**nemesis45** · 17th October 2016, 16:32:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45

Post #1

Then post #3

I guess any defence is better than none.
Lowells probably won't have a history, so maybe SB + account was disputed with TM in May 2010 due to erroneous charges?
& then just hope that being late a couple of hours or so will be accepted by court.
Maybe send via email with a grovelling apology to court?

Cobbled something together but Ina hasn't responded if you can add anything [MENTION=5553]charitynjw[/MENTION] please do.

nem

**charitynjw** · 17th October 2016, 16:35:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

The dispute concerned UK calls to ?lycamobile? being charged at international rates.

**nemesis45** · 17th October 2016, 16:44:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45

The dispute concerned UK calls to ?lycamobile? being charged at international rates.

Never heard of them [MENTION=5553]charitynjw[/MENTION] I'll see what I can find out.

Looks like a bucket shop for " cheap international" calls sold in various bundles so call should be discounted international rates so I'm not sure it's going to help.

nem

- - - Updated - - -

Originally posted by ina View Post

Help please!

[MENTION=75455]ina[/MENTION] can you respond please.

nem

**charitynjw** · 17th October 2016, 16:47:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

@nemesis45

For info

It does seem that there has been talk of this, & possibly charges are correct as lycamobile is not a UK-based network.
Still checking to try & find what the final decision was on this. (If any).
https://community.ee.co.uk/t5/Other-...tes/td-p/71158

**nemesis45** · 17th October 2016, 16:52:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45

For info

It does seem that there has been talk of this, & possibly charges are correct as lycamobile is not a UK-based network.
Still checking to try & find what the final decision was on this. (If any).
https://community.ee.co.uk/t5/Other-...tes/td-p/71158

[MENTION=5553]charitynjw[/MENTION]

Seems to be quite some controversy on this.

nem

**charitynjw** · 17th October 2016, 16:58:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

Yes

The question is still being asked (2016)
https://community.ee.co.uk/t5/4G-and...age/m-p/385435

Maybe mention this in the defence.........It'll give ina a reasonable reason for defending, & a month or so to find out the current status?

**nemesis45** · 17th October 2016, 17:03:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45

Yes

The question is still being asked (2016)
https://community.ee.co.uk/t5/4G-and...age/m-p/385435

Maybe mention this in the defence.........It'll give ina a reasonable reason for defending, & a month or so to find out the current status?

[MENTION=5553]charitynjw[/MENTION],

So calls that should have been included in T Mobiles Bundles were being charge at Lycamobile international rate and the situation was/is unresolved?

nem

**charitynjw** · 17th October 2016, 17:14:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]
As far as I can see, TM customers assumed that calls to lycamobile were included in their bundle (though I would guess that would depend on the relevant bundle contract T&cs).
They then got a nasty shock when extra charges were applied.

**nemesis45** · 17th October 2016, 17:20:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45
As far as I can see, TM customers assumed that calls to lycamobile were included in their bundle (though I would guess that would depend on the relevant bundle contract T&cs).
They then got a nasty shock when extra charges were applied.

Got [MENTION=5553]charitynjw[/MENTION]

Difficult to put into the defence without Ina's input imo.

nem

**charitynjw** · 17th October 2016, 17:37:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

[MENTION=55034]nemesis45[/MENTION]

From ina's posts it would appear that the initial contract was May 2010, & that the charges were disputed (albeit via phone calls) from May 2010 until September 2010.
From then there has been no contact either way until the court claim was received.
I guess that the debt purchaser will fight SB citing the actual termination date (ina doesn't know when this was).
From what I can see, T-mobile part of EE at that time, trading under the TM brand until early 2015.

**nemesis45** · 17th October 2016, 18:00:PM

Re: STATUTE BARED???? Mobile phone contract from May 2010 .

Originally posted by charitynjw View Post

@nemesis45

From ina's posts it would appear that the initial contract was May 2010, & that the charges were disputed (albeit via phone calls) from May 2010 until September 2010.
From then there has been no contact either way until the court claim was received.
I guess that the debt purchaser will fight SB citing the actual termination date (ina doesn't know when this was).
From what I can see, T-mobile part of EE at that time, trading under the TM brand until early 2015.

I can see no other approach now [MENTION=5553]charitynjw[/MENTION] I'll stay around to see if Ina get 's back,.

nem

STATUTE BARED???? Mobile phone contract from May 2010 .

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