Out of the blue debt collection notice - what to do?

rubuhoeikanaika

Hey guys,

I once had a 3 mobile contract, which ended in '05. It was terrible, but that's beside the point I suppose! Anyway, I moved to another mobile firm, everything was fine ... until today.

I got a notice from 3 saying 'my outstanding debt' (55GBP) has been passed to 'Lowell Portfolio I Ltd', and a letter from them saying 'deal with us now, make a payment plan before 24/7 or we send the boys round'. A couple of things:

1. I haven't dealt with 3 for 3 years, and had no idea I owed them anything. I'm still not sure I do.
2. I'm happy to pay any legitemate amount that I owe, but I'm not convinced I do owe them anything.
3. I'm reluctant to call/mail/email them until I know what my rights are. I'm sure they have to provide me with some kind of explanation for this debt?

What should I do?

Thanks for any advice!
rubuhoe

GeorgeUK

I would ask for a copy of the CCA and statement of account.

http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

rubuhoeikanaika

GeorgeUK wrote: »

I would ask for a copy of the CCA and statement of account.

http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

Thanks - that's my instinct too, but I just want to check, is this applicable for cell phone contracts? It's been years since I signed one!

rubuhoe

Bunnie1982

This happened to my husband and it turned out that Three had not cancelled the mobile phone contract.

For him it is still ongoing and the supposed debt has been with four different collection agencies, most recently he had a very nasty call from Moorcroft who said "we're going to take you to court, can we have your address to send the court documents to?"

As if!

rubuhoeikanaika

Bunnie1982 wrote: »

This happened to my husband and it turned out that Three had not cancelled the mobile phone contract.

For him it is still ongoing and the supposed debt has been with four different collection agencies, most recently he had a very nasty call from Moorcroft who said "we're going to take you to court, can we have your address to send the court documents to?"

As if!

Ouch I'm sorry to hear that! I don't think that's likely to be the case with me - if the contract had been running my bill would have been more than 55GBP right?

I wish I still had any of my old bills or anything - I'm pretty sure I paid by direct debit!

Maybe I should hit Three with a DPA request to get my documents?

rubuhoe

GeorgeUK

I would request the CCA and statement in the first instance (costs less). I'm pretty sure that a mobile contract does fall under the CCA74. When you get a mobile they do a credit check on you dont they? (Never had one myself so pretty sure, but...)

Incase you need it - SAR template
http://forums.moneysavingexpert.com/showpost.html?p=12547639&postcount=21

embarrassed_about_my_debt

why is everyones first answer to everything to ask for a CCA?

I had something similar with an old O2 contract i cancelled, it got laid away and not cleared off the system properly hence the debt collection agency contacting me eventually.

I phoned O2 directly problem solved within 15mins.

Phone 3 directly and ask them, your not in arrears, you've not done anything wrong and it could be sorted alot quicker than going down the CCA route for no need.

Sangria_2

rubuhoeikanaika wrote: »

Hey guys,

I once had a 3 mobile contract, which ended in '05. It was terrible, but that's beside the point I suppose! Anyway, I moved to another mobile firm, everything was fine ... until today.

I got a notice from 3 saying 'my outstanding debt' (55GBP) has been passed to 'Lowell Portfolio I Ltd', and a letter from them saying 'deal with us now, make a payment plan before 24/7 or we send the boys round'. A couple of things:

1. I haven't dealt with 3 for 3 years, and had no idea I owed them anything. I'm still not sure I do.
2. I'm happy to pay any legitemate amount that I owe, but I'm not convinced I do owe them anything.
3. I'm reluctant to call/mail/email them until I know what my rights are. I'm sure they have to provide me with some kind of explanation for this debt?

What should I do?

Thanks for any advice!
rubuhoe

I have had almost exactly the same experience with 3 Mobile. I imagine they have just passed a whole group of 'debts' on to Lowell Portfolio I Ltd. I rang 3 who will not help because the 'debt' has now been passed on. They will not discuss my account. The problem for me comes from a phone which had been lost and was replaced by another phone. 3 continued to bill me for both phones, even though they had replaced the first one on their insurance and knew it no longer existed. I rang them countless times to inform them of this, and each time they said that they would stop sending bills. Eventually they did. I threw away the paperwork, but now, 3 years later, they say I owe them for money owing on this account despite having not contacted me in the meantime. I have taken GeorgeUK's helpful advice and mailed them the suggested letter to request the CCA and Statement of Account today. I dread to think how long this fight may take. I'm very worried because the debt collection agency say that this is affecting my credit score. How dare Three Mobile do this and get away with it? It is their word against mine, and it looks like it's going to be difficult to prove otherwise. Any ideas from anyone else?

*MF*

Never used it - don't know how it works, but OFCOM are the regulator, and you are surely entitled to complain about the conduct of the phone companies, eg., refusal to discuss an account which THEY say is due, and THEY won't then give you any details or even discuss, link here:

http://www.ofcom.org.uk/complain/mobile/

Anyways ... hope this might help.

StuntmanBob

rubuhoeikanaika wrote: »

Hey guys,

I once had a 3 mobile contract, which ended in '05. It was terrible, but that's beside the point I suppose! Anyway, I moved to another mobile firm, everything was fine ... until today.

I got a notice from 3 saying 'my outstanding debt' (55GBP) has been passed to 'Lowell Portfolio I Ltd', and a letter from them saying 'deal with us now, make a payment plan before 24/7 or we send the boys round'. A couple of things:

1. I haven't dealt with 3 for 3 years, and had no idea I owed them anything. I'm still not sure I do.
2. I'm happy to pay any legitemate amount that I owe, but I'm not convinced I do owe them anything.
3. I'm reluctant to call/mail/email them until I know what my rights are. I'm sure they have to provide me with some kind of explanation for this debt?

What should I do?

Thanks for any advice!
rubuhoe

Personally, I'd pay the £55 immediately to keep the debt collectors away. Then I'd try to get it sorted out and try to get the money back if it turns out to be a mistake.

I wouldn't have thought the worry of having "the boys" come round was worth £55.

RAS

GeorgeUK wrote: »

I would ask for a copy of the CCA and statement of account.

http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

Hi I do not think that mobile contracts are covered by the CCA.