Received claim for mobile account

[charitynjw]

Re: Received claim for mobile account

If it were me I'd SAR Vodafone for any details they hold.
I would want to pinpoint the exact date when the account was defaulted & terminated, as that is likely to be the trigger date for the statute-barred defence.
It will cost the Claimant £250+ to lift the stay, so they might make a commercial decision not to bother, but if you have absolute proof that it is SB, you are in a much better position should they decide to do so.

[cc1110]

Re: Received claim for mobile account

I contacted them at the beginning and they had no records whatsoever. Default date is next month. I know for an absolute fact it is sb just looking back at circumstances.

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I have the termination date which was September 2010

[charitynjw]

Re: Received claim for mobile account

I contacted them at the beginning and they had no records whatsoever. Default date is next month.
Via Experian?
I know for an absolute fact it is sb just looking back at circumstances.

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I have the termination date which was September 2010
Written proof?

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[cc1110]

Re: Received claim for mobile account

Yes that's the date on Experian.

Not written no, that's just what the claimant told me.

[charitynjw]

Re: Received claim for mobile account

I know for an absolute fact it is sb just looking back at circumstances.

Perhaps you could clarify?

With mobile phone debts, 'last payment' is not necessarily a good indicator of the SB trigger date; the contract itself often can (& does) run on 'in default' for months after the actual default (missed payments).
& if the documented Experian default date is decided to be the trigger date rather than the verbal termination date, as the claim was issued before the 6 years is up, the SB clock pauses due to the court claim.

Of course, you can always gamble that the claim will remain stayed.

[cc1110]

Re: Received claim for mobile account

Hi, I've just had a questionnaire posted. So it looks as though the claimant has applied to lift the stay. It offers the chance for medication. If I apply for medication and it is settled out of court would there be a new mark on my credit file? As this has recently been removed.

Many thanks

[N93]

Re: Received claim for mobile account

Hello

How long after last payment do they have to terminate the agreement?

[N93]

Re: Received claim for mobile account

And make it default.

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Then make it default

[cc1110]

Re: Received claim for mobile account

Sorry do you mean as per contract? I don't know as I don't have it. I called original creditor and last payment was just before claim came through and termination date was just after. There's really not much in it.

Am I right that if we go to mediation and agree to a payment plan it will be logged on file as a ccj? As CAB told me it wouldn't go on my file as it has been taken off and out of court it wouldn't be a ccj. Can you clarify ?

The whole this is making me ill tbh, sounds dramatic maybe but I've just had a baby and my son has special needs, I've been his carer the last 5 years and finally we seem to be getting things together after his diagnosis and trying to buy our house and now this. 😓