Lowell debt agency

[Nickienu1]

Hi I've had a outstanding debt with Vodafone since 08/05/2009 Basically they set me up a new contract and changed my allowance without my agreement, they state I agreed I state I didn't! It's now with Lowell and I checked my credit report today and it's had a search from INTERLAKEN GROUP can they peruse me for this debt still as I've never paid a penny towards it? Thanks nickie

**its showing as a default on my account but that's dated 2011.

This is what it shows on my credit report

Account type Telecommunications Supplier
Account number *****5568 0
Account start date 26/05/2009
Opening balance £ 827
Repayment frequency Monthly
Date of default 01/10/2011
Default balance £ 827
Status history

2015
2014
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
D D D D D D
D D D D D D D D D D D D
Balance history

2015
2014
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
827 827 827 827 827 827
827 827 827 827 827 827 827 827 827 827 827 827

[Kati]

Re: Lowell debt agency

Welcome to LB [MENTION=70376]Nickienu1[/MENTION] ... try not to worry, you'll get lots of help from the knowledgeable Beagles xx

[Nickienu1]

Re: Lowell debt agency

Thanks I hope so I'm so stressed with this x

[Kati]

Re: Lowell debt agency

Bear in mind it's Sunday ... many of them will be away from their PCs for much of the weekend but they still pop on often xx

[nemesis45]

Re: Lowell debt agency

Hi I've had a outstanding debt with Vodafone since 08/05/2009 Basically they set me up a new contract and changed my allowance without my agreement, they state I agreed I state I didn't! It's now with Lowell and I checked my credit report today and it's had a search from INTERLAKEN GROUP can they peruse me for this debt still as I've never paid a penny towards it? Thanks nickie

**its showing as a default on my account but that's dated 2011.

This is what it shows on my credit report

Account type Telecommunications Supplier
Account number *****5568 0
Account start date 26/05/2009
Opening balance £ 827
Repayment frequency Monthly
Date of default 01/10/2011
Default balance £ 827
Status history

2015
2014
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
D D D D D D
D D D D D D D D D D D D
Balance history

2015
2014
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
827 827 827 827 827 827
827 827 827 827 827 827 827 827 827 827 827 827

Hi I see [MENTION=49370]Kati[/MENTION] has welcomed you to LB and I do so too.

Lowell/Interlaken are the same group of companies and purchase portfolios of delinquent accounts yours being just one of many thousands.
Do you know from where this £827 arises?

Is it airtime, data usage + cancellation fee?
Yes they can chase this as they own the debt which has arisen because nothing has been paid it seems since the account was opened.

Why is there such a high opening balance?

You will need to give us some more history to get more relevant advice.

nem

[Nickienu1]

Re: Lowell debt agency

Hi the original debt was something like £150 as that was my 1st bill with them which is when I queried it and Vodafone informed me I had gone over my allowance which is when I discovered they had changed my allowance which I didn't agree to! The rest of the debt I have no idea what it's from I presume it's amounts the debt collection company have added on, I queried with Lowell about 8 month ago for proof I had agreed to this change and their reply was I should have my own records, so as the debt is over 6 years old can they still pursue me? Xx

[FlamingParrot]

Re: Lowell debt agency

Hi the original debt was something like £150 as that was my 1st bill with them which is when I queried it and Vodafone informed me I had gone over my allowance which is when I discovered they had changed my allowance which I didn't agree to! The rest of the debt I have no idea what it's from I presume it's amounts the debt collection company have added on, I queried with Lowell about 8 month ago for proof I had agreed to this change and their reply was I should have my own records, so as the debt is over 6 years old can they still pursue me? Xx

Hi I've had a outstanding debt with Vodafone since 08/05/2009 Basically they set me up a new contract and changed my allowance without my agreement, they state I agreed I state I didn't! It's now with Lowell and I checked my credit report today and it's had a search from INTERLAKEN GROUP can they peruse me for this debt still as I've never paid a penny towards it? Thanks nickie

**its showing as a default on my account but that's dated 2011.

This is what it shows on my credit report

Account type Telecommunications Supplier
Account number *****5568 0
Account start date 26/05/2009
Opening balance £ 827
Repayment frequency Monthly
Date of default 01/10/2011
Default balance £ 827
Status history

For the purpose of limitation which is what you may thinking about regarding the six years, what counts is not the start date which was, indeed, over six years ago but whether there has been any payments or written acknowledgments in the past six years. Presumably you took out this contract in May 2009, did you make any payments after that?

The default date on your credit file has no bearing on limitation, however, if it's not accurate, i.e. you defaulted much earlier than October 2011, then you could get it amended so it drops off six years after you actually defaulted, rather than having to wait a couple of years. The key question is: when did you last make a payment into this contract?

[Nickienu1]

Re: Lowell debt agency

I didn't make any payments on this contract I received my 1st bill queried why it was so high and the refused to pay anything so it's been in dispute since June 2009 x

[FlamingParrot]

Re: Lowell debt agency

I didn't make any payments on this contract I received my 1st bill queried why it was so high and the refused to pay anything so it's been in dispute since June 2009 x

In that case, I'd say it should be SBd. :whoo: Furthermore, the default date should be amended to somewhere in 2009, if you never paid anything, a default should have been recorded three to six months later according to the guidance, that means it should be about to drop off in the next few months. :thumb:

I know Lowell like to argue that the SBd clock starts on the date a default is recorded, but that's utter rubbish. They are the ones who often 'update' the original date, often when they purchase the account. Was this assigned to them in 2011 by any chance? Just a wild guess... :mmph:

[Nickienu1]

Re: Lowell debt agency

Yes I think that's when they started chasing me after about 4 other debt companies had tried to! I'm not really sure how I go about sorting it out to get them to stop chasing me I've never been in this position before so can you explain it in "dummy" terms for me lol please x

[Kati]

Re: Lowell debt agency

If no paymen/acknowledgement has been made on it since your first bill then (as FP says) it should be statute barred. There are template letters in a subsection of the forum here ... http://www.legalbeagles.info/forums/...mp-Information but unfortunately I cannot link you to the right one atm as I'm on my phone instead of the laptop :sorry:. Have a dig about and see if you can find something you can adapt, then post it up on here for the Beagles to advise on xx

[FlamingParrot]

Re: Lowell debt agency

If no paymen/acknowledgement has been made on it since your first bill then (as FP says) it should be statute barred. There are template letters

Yes, there are, below is a standard SBd letter: :thumb:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

You should probably deal with that side of things first and see what they come up with, if they argue anything about the default date then you could counter-argue that it is THEM who should be amending the CRA records. Let's see what they say.

[Nickienu1]

Re: Lowell debt agency

Thank you I really appreciate your help I'll send it today and hopefully they will leave me alone xx

[Kati]

Re: Lowell debt agency

Come back and let us know how you get on xx

[Vodafone Company Rep]

Re: Lowell debt agency

Hi Nickie,

As there seems to be an issue over the default date recorded, email me with your details via the Contact us here so I can get this looked into.

To access the form you'll need to enter the code WRT135.

As well as stating your query in the question box, please also quote "Legal Beagles".

Once sent, you'll receive an automated reply with a reference number. Post it on here and I’ll check I've received it.

Kind regards,

Lee

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