Red Debt Collection (Lowells) & 3 mobile

sheff71 · 25 July 2008 at 11:50PM

I've just received a letter today from Red Debt Collection Services... a little background first:

In December 2003, I bought a 3mobile phone from Carphone Warehouse on a 12 month contract, but it just did not work properly, only connected to the network for 5 seconds when trying to talk to their customer services, and then stopped, never to connect again. Within a few days i'd taken it back to CPW, cancelled the contract (as it wasn't fit for service) and took a different phone and network in exchange.

Shortly after, I received a bill from 3 for £49.23, even though it showed i'd only actually been able to connect for 5 seconds, and that it was cancelled within days. I called the Indian Call Centre, and after a few minutes discussion, the lady was happy to accept that 3 had not provided a proper service, and said to forget the bill.

Fast forward to today (25 July 08), returning from a short break, and two letters, one from 3 saying that from 30th June 08, they've sold this £49.23 debt onto Lowell Portfolio I Ltd, and one from Red Debt Collection Service along the same lines, saying not to ignore this, as it will not go away, and to contact them to arrange a suitable repayment plan, via a 0844 number - otherwise they will either send a licenced field agent to visit me at home to arrange payments or start a legal action against me in the County Court... and I should take ownership of this problem.

Now what annoys me about this is that a) I don't want any black credit marks against my name, particularly for something like this, b) as 3's service at that time was effectively not fit for service, it's pretty rich them requesting this money, and c) this is the first contact of any kind i've had from anyone regarding this since the original bill in December 2003... surely if there had been a genuine outstanding issue, this would've been chased up at some point within the last 4.5 years?

As mentioned before, I was led to believe that this issue was long since completed, and therefore do not have that bill, or the time, and name of person I talked to in the Call Centre (why would you keep this five years later when you think it's sorted!). All I could find is a handwriten note i'd made saying "3", an 0870 number that i'd called, and then "received from carphone direct sales on 16 December, returned to Parkway Carphone branch on 20 Dec".

They say I have until 31 July to arrange something - what should I do (i'm not normally too strong on the phone in these kind of situations, and if it'd been a fiver i'd probably have just paid to save the hassle, but this is just taking the xxxx).

Any advice greatly appreciated!

GeorgeUK · 26 July 2008 at 12:09AM

First, don't phone them - tell them if they phone you that all communication must be in writing. Do not provide any details over the phone. Unfortunately an airtime contract is not covered under the consumer credit agreement, but they must prove the debt is yours before they can collect it.

You could write to them to explain what has happened in the first instance or you could try this letter linked here. If they are able to supply the airtime agreement though, i'm not sure what recourse you have other than perhaps contacting ofcom.

http://forums.moneysavingexpert.com/showthread.html?t=1038719

fsx123 · 6 August 2008 at 10:22PM

Almost the exact same issues as above.

The 3 mobile wasn't fit for purpose, ie absolutely no connection. I returned the phone. Also to carphone warehouse.

They continued to bill me. 3G customer service was awful. I contacted ofcom.

They cancelled the contract and wiped the debt.

2 years late the debt appeared on my credit file. I contact the agencies and 3g and it was removed.

This week i receive a letter from red asking for money again.

I am quite fed up.

fsx123 · 6 August 2008 at 10:35PM

My credit report also shows the account as settled on 01/04/2004

fsx123 · 6 August 2008 at 11:52PM

Should I ring these guys and explain, I dont have the time to be sending letters etc, its a hassle I dont really need to be honest

Pinkylouloubell · 7 August 2008 at 1:05AM

My dad had a phone from 3 wher the tariff was misold to him, he has it in writing that the 1/2 line rental would be forever, but 3 months after it went up to full price, he treid AGAIN and AGAIN to try and ge tthem to cancel contract and collect the phone and told them it was just waiting to be picked up, in the end I think he sent it back tothem, each time he spoke to someone from a foreign call centre whom he could hardly understand..
Anyway, last week he received a letter from a dca at my mums adress where he has not lived for 7 years demanding the £68 he owed them,

just so frustrating!!!!

rog2 · 7 August 2008 at 8:36AM

fsx123 wrote: »

Should I ring these guys and explain, I dont have the time to be sending letters etc, its a hassle I dont really need to be honest

I honestly advise that you do not ring them. They are not going to listen to you as they are only 'programmed' to ask for money. They will try to twist every word that you say to their advantage.
You might think that writing is 'hassle' but please believe me you will regret any phone calls, however well intentioned, that you make to this 'sub species'.

GeorgeUK · 7 August 2008 at 12:58PM

Pinky - if no payment has been made towards the debt for 6 years it may be statute barred. He does not need to pay it as the debt is unenforcable - just notify the DCA that the debt is statute barred and have no intention to pay an unenforcable debt.

lynzog_2 · 14 August 2008 at 3:23AM

I wished I wasn't drugged out of my head due to just getting out of hospital because I had 6 wisdoms out when I read my "RED" letter.

I received a letter on the 4th of July from Red Debt collection. They said I owed £104.07 to 3 mobile which I also bought from Carphone Warehouse. I gave them one months notice, and have never received anything from them to say I still owe them money.

Because I could barely talk and wasnt in my right mind, I called them up. They said I had to pay them although I was REALLY upset because of my mouth and still under general anesthetic. They said if I didnt then I will get a CCJ and bayliffs will be sent out after 7 days. I was so freaked out I gave them my card details.

I now regret this, but what should I do??

GeorgeUK · 14 August 2008 at 10:16AM

I take it they've already taken the money? If not, you could cancel your card so the number was of no use to them (say it was stolen or lost)

Do you have any correspondence from CW that the account was being close after you gave notice? Also how long ago was this? You could try sending a SAR (cost £10) to CW which would enable you to get a copy of all the information they hold on you. If this shows that they received the 1 month notice, you could inform them that they had sold a debt that was not owed to RED. Also inform RED that they have collected monies when no debt was owed and will be contacting TS and OFT unless the money is returned.

lynzog_2 · 14 August 2008 at 3:59PM

Yes, they have taken the money. I had the contract about 3 or 4 years ago, and I cancelled it with three. As the contract wasn't with Carphone Warehouse I didnt give it to them. I have tried calling three about it and they have said they wont speak to me because the debt has been released to Red. Im feeling dizzy with all these circles Im being made to run around!

Red Debt Collection (Lowells) & 3 mobile

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