Being harassed by Lowell very aggressively

[Savemymind93]

Hello, I would like to go more in depth with this. But it wouldn't let me, so I have to go really short route, I'm being harassed by Lowell for a phone contract back in 2012/2013, that I was homeless for the majority of that period in, only recently started receiving letters in 2022 demanding payment and threatening with bailiffs and enforcement, but my carer was under the impression this is WAY past the age for enforcement? Is this true?

[R0b]

Hi

There is a statutory limitation period which varies depending on the type of claim being made. For breach of contract, the claimant has 6 years from the date of the breach otherwise any claim thereafter is time-barred and you have an absolute defence. The burden of proof would rest with Lowell to provide evidence that the claim is not time-barred.

The 'date' of the breach may be different if the contract states that the repayment is made 'on demand' in which case the 6 year time limit will not start until the first demand has been made - on demand terms are common when it comes to loan agreements, but for a standard phone contract, the contract would have likely provided for a date for payment e.g. end of each month, and that's when the time for the date of breach should begin.

Given the contract is over 10 years old and depending on when you stopped paying the for the phone/service, this is most likely to be time-barred and Lowell will need to prove otherwise.

What are you seeking to achieve as there are various ways you can play this.