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

GeorgeUK

Quite right RAS. Classed as an airtime agreement rather than a credit agreement and is not covered by the CCA74 - bugga!!!

This forum seems to have a few clued up people on the subject though.
http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/

I suppose you could notify the DCA that the debt is in dispute and wait for 3 to produce evidence that the debt is owed. Main problem seems to be if you phoned them to cancel or notify of problems. There may not be a record of this, although a SAR i have noticed is recommended on occasion to force the issue. Some phone companies only keep documentation for 1 year so may not be able to prove the debt.

sapnas

Hi,

Today (19/07/08) I have recieved the same letter asking me to pay £264.90 ! And I haven't dealt with 3Mobile for years!

sapnas

... also, in the letter it says:

We write to inform you that your 3G mobile account, refference number ***** has been sold to Lowell Portfolio I Ltd on the 30/06/2008...

GeorgeUK

You could write to lowell and request a copy of the airtime agreement. I have no previous dealings with these (as you may have guessed) but hopefully the CAG board can shed more light on this.

Bunnie1982

Hiya just wondered how this is going?

I'm asking cos despite my previous post further up my husband had a letter today from Lowell pursuing £92.13. I'm a bit of a hoarder so managed to find out the final bill from Three and also bank statement showing the amount being paid.

Just wanted to know if we need to write to Lowell with the standard "I do not acknowledge this debt, please provide a copy of the signed airtime agreement and also a breakdown of charges"??

Seems like Lowell has bought a load of old Three debt back from 2004/2005.

GeorgeUK

I think that's the only thing you can do Bunnie. I can't find any regulations or statute for Airtime Agreements, but they are required to prove the debt is yours if you are not aware of the debt.

Possibly adjusting the "prove it" letter would be best
http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893

We would point out that we have no knowledge of any such debt being owed to you or your Client. We request you provide a copy of the signed airtime agreement you claim was entered into so that we may trace this alleged debt.

RAS

Maybe it would be a good idea to write formal complaint letters to three and Lowell, compalining that under the data protection Act, it appears that Three have passed false information to Lowel about your accounts, and CC in the Information Commissioner in the first instance.

Demand that Lowel confirm within 14 days that all records relating to this debt have been removed from their records, other than for the purpose of sending the letter confirming that they have done this and that the final record will be deleted after the letter has been sent.

worldwheeler

"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?"

I too have received a letter demanding payment of a debt from 2004 due to 3mobile. This contract ran its 12 months and was then stopped and the phone number taken to another provider. I have asked for proof of this debt and recieved a photocopy of a spread sheet page that any high school kid could have knocked up. I have spoken to the collectors who said that the debt is small (less than£30) I should pay just to get it off my record.
This I find offensive. They also said that it is down to me to prove that I don't owe the money.
Are 3mobile still in business? As since 2004 I have received no letter asking for money that I owed them?
Will try the CCA request and other letters before paying a company who for all I know have bought mobile phone company details and are now seeking money form long closed accounts.

GeorgeUK

Hi WW

Just wanted to make you aware that the CCA request is no good for mobile phones. I did a bit of digging after RAS commented that the consumer credit act may not cover these agreements and it doesn't

I can't find any legislation that covers airtime agreements and even though a credit check is done on you before you can take out a mobile phone, as they are not providing you with credit, there is no cca.

All i can think of is asking for a copy of the airtime agreement and hoping that they are unable to prove the debt exist. That's why when writing letters to these people it is advised never to sign letters - just print your name.

I've posted above a link to the standard "prove it" letter and suggested an alteration for one of the paragraphs to request the agreement. There doesn't seem to be much else you can do but unless they prove the debt is yours, then they can't collect it.

That's why i also suggested the subject access request (SAR) so you can request a copy of all information they hold on you. If they don't provide a copy of the agreement then they don't have it. Only problem is that this would cost £10.

good luck
George

worldwheeler

I have sent a letter to RED DEBT asking for copies of the invoices and of the airtime agreement. Since sending, I have recieved two treatening letters from LOWELL DEBT, one giving five days to pay in full before court action, and a letter from RED offering a 70% off settlement offer. I am tempted to report a company using two different letter headings to harrass me into paying a debt I have no knowledge of. I have also spoken to them on the phone stating a request for the invoices and airtime agreement. Do you have any advice if reporting this is easy and worthwhile?

Four weeks since sending the "prove it" letter asking for signed airtime agreement and the outstanding invoices. Three weeks since last contact. Maybe they do not have these document? Was told that I would be contacted within two weeks. So maybe challenging the debt collectors is the thing to do.