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Hello - feel free to move into the right forum if this is not the appropriate one.
I've today received a phone call from Lowell in relation to an old T-Mobile account. They say the account was opened on 19/08/2008, defaulted on 10/02/2011 and that the last payment I made was on 10/08/2010 for £128.94 (six months before default was made).
I have looked through bank statements and there is no record of this payment on that date. I asked whether they (Lowell) could provide me with how the payment was made - they could not, saying that due to time period they wouldn't be able to have that information. I asked if they could send me a statement so that I could go back and check dates as to when previous payments may have been made; she said that they (Lowell) do not have to provide me with statements due to the nature of the account and that T-Mobile would probably have gotten rid of them anyway again due to time so she would not be able to furnish me with these.
I double checked my bank again, still no record of that transaction in August 2010 happening. I have gone back further and the last payment I made was for £140 on 8th December 2009.
I know that this would be statute barred ordinarily despite the later default date. However I think I recall seeing something about a case which went to court fairly recently and whether the last payment date (plus one or two months) is where the SB clock starts or whether it is the default date. Would anyone know how this has progressed and whether I can tell Lowell that this account they have for me is SB'd or not?
On another matter recently where I made a complaint to the FOS in relation to another DCA, the FOS wrote to me and in their letter they state that to them, the last payment date is when the SB clock starts. However, I don't want to say this to Lowell if it turns out it has been superceded by a court stating the default date is the beginning of the SB clock.
I would appreciate it if someone could just update me as to whether I can tell Lowell to go away (in more polite terms of course!) as it is SB or not. Ideally I'd like to say it is SB'd and unless they can prove payment (which it appears they can't) then to not contact me again over it.
Thank you
Amy
I've today received a phone call from Lowell in relation to an old T-Mobile account. They say the account was opened on 19/08/2008, defaulted on 10/02/2011 and that the last payment I made was on 10/08/2010 for £128.94 (six months before default was made).
I have looked through bank statements and there is no record of this payment on that date. I asked whether they (Lowell) could provide me with how the payment was made - they could not, saying that due to time period they wouldn't be able to have that information. I asked if they could send me a statement so that I could go back and check dates as to when previous payments may have been made; she said that they (Lowell) do not have to provide me with statements due to the nature of the account and that T-Mobile would probably have gotten rid of them anyway again due to time so she would not be able to furnish me with these.
I double checked my bank again, still no record of that transaction in August 2010 happening. I have gone back further and the last payment I made was for £140 on 8th December 2009.
I know that this would be statute barred ordinarily despite the later default date. However I think I recall seeing something about a case which went to court fairly recently and whether the last payment date (plus one or two months) is where the SB clock starts or whether it is the default date. Would anyone know how this has progressed and whether I can tell Lowell that this account they have for me is SB'd or not?
On another matter recently where I made a complaint to the FOS in relation to another DCA, the FOS wrote to me and in their letter they state that to them, the last payment date is when the SB clock starts. However, I don't want to say this to Lowell if it turns out it has been superceded by a court stating the default date is the beginning of the SB clock.
I would appreciate it if someone could just update me as to whether I can tell Lowell to go away (in more polite terms of course!) as it is SB or not. Ideally I'd like to say it is SB'd and unless they can prove payment (which it appears they can't) then to not contact me again over it.
Thank you
Amy
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