Red Debt Collection (Lowells) & 3 mobile

KSB235

I've just posted the following in a seperate thread on the mobile phone forum but thought here might be the most appropriate place now i've come across it, when i get a spare moment this evening I'm going to read through this whole thread and see if i can sort something out once and for all, 3 mobile are the worst company on the face of the planet as far as i'm concerned -

My boyfriend had a contract with 3 mobile that he stupidly allowed to get £500 in debt (completely his own fault i know), when i found out how much debt he was in with the contract I paid the money off on my credit card and he has since paid me back the money. Because he couldn't afford the contract, when it came to the end he rang up and said he did not want it renewed, this was confirmed over the phone (i heard the conversation so i know this did happen) and we thought that was that. 2 months after he had paid the last month on his current contract he started getting billed for a new contract?!? He rang up 3 straight away and said he didn't understand why this was as he had confirmed he didn't want to renew the contract. Rather than deny this they said they actually had a record of a call with him saying he did want the contract re-newed. We asked for proof of this several times in either tape or transcript form but 3 never provided anything. They continued billing him until the bill reache approx £160 even though once his old contract had finished they cut off his number and didn't provide him with a new phone or number. Eventually they sent the debt to a collection agency, we spoke to them and explained the circumstances and they said they would no longer be collecting the debt as they had had many problems with 3 collecting money they weren't actually owed. After we spoke to the debt collectors we never heard anything from them or 3 again but later found out the £160 had been logged as a default on his credit rating. We have since added a notice of correction to this because it gave us problems when applying for a mortgage. All of this occured about 3 years ago, only TODAY he has received a letter from a debt collection agency asking for the £500 that I KNOW i paid off!! He rang them immediately and they said they couldn't comment on the nature of the cause of the debt, only they had been instructed to collect it.

Sorry for the long post but now i reall really have no idea what to do, this amount was paid off nearly 4 years ago and i don't even have the credit card i used t pay it off, can anyone please give me some advice, it would be gratefully received because otherwise i feel like 3 is going to haunt us forever, to top it off we will be looking to re-mortgage in the new year..........

catmanga

I had a similar experience bought a 3g phone when they first came out in 2005, handset broke within a week ended up cancelling the contract never heard anything again until the 19th of Jan 2010 when i had a letter from Roxburghe Debt collection agency for the payment of £410. I immediatly phoned them and fair credit to them they were very helpful and posponed the debt until i had spoken to 3. After 30 minutes on the phone to three i was assured the matter would be investigated and i would recieve a call back by the following thursday. So once again i phoned the debt collectors to relay this information. Thursday came and went nothing a few more calls to 3 without getting anywhere. Finally today i had enough and phoned 3 who knew nothing and they passed me onto their debt collection agency which was a different one to roxburghe who knew nothing about the account. I then phoned back roxburghe who then informed me that the account had been removed by 3, he said that this was happening alot he warned me that even though the account had been removed and cleared from my credit history that 3 might try again at a later date. I found that the debt collection agency were very helpful and understanding in this instance having never dealt with one before, but 3 would seem that they have no idea of whats happening with their phone contracts. I figure that if you just keep phoning 3 and harrassing them they will finally give in as they are blatently in the wrong and they know it they are just trying to pull a fast one. Anyway good luck to everyone with 3 a company that has been consistently bad from day one.

GeorgeUK

Catmanga, i would actually write a letter of complaint to 3 so that you have something in writing with their reply, hopefully stating that you do not owe any debt.

If 3 sell the debt on then it may be alot more difficult to get this set aside.

station123

Hi Everyone,

I have also been contacted by RED and Lowell based in Leeds, asking for me to pay an outstanding balance of £130.33 for a 3G Mobile contract I had 5 years ago and cancelled due to their horrendous customer services.

Not sure if i should ignore them or write back with this template:

Dear Sir/Madam

Ref: XXXXXXXX

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to Lowell or Red debt collection services.
We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

Any suggestions, I really do not have time to deal with this type of harassment, surely there is somewhere we can complain about companies like this?

GeorgeUK

That letter would be okay to send - we call it the 'prove it' letter here.

Are you in Scotland or England?

A debt will become statute barred after 6 year (5 in Scotland) if no payment has been made and you have not acknowledged the debt in writing. Do you know exactly when the last payment was made?

customer_s

Hi experts,

i started getting letters from RED this year regarding my 3 mobile account 3 years ago.

in order to stop the annoying letters from them, i send letters and asked for original credit agreement as proof.

However, they wrote back to me and told 'THE ACCOUNT RELATES TO A SERVICE AGREEMENT AND NOT A CREDIT AGREEMENT AS DEFINED BY THE CCA 1974...'so they are unable to provide a copy. :mad:

anyone knows how to respond at this point?

GeorgeUK

They are right in that there would be no credit agreement. You should request proof that the debt is yours by them supplying the airtime agreement. If you search the forum for "airtime", i'm sure you'll see some similar threads.

uniteddw

Having been chased twice in 2 years of a debt I don't owe (apparently to 3 mobile), I'm now getting p'd off with them... Time to start charging them for my time I think!


Maybe this can help someone else too, dunno, but here's what am sending them today...





Dear Sirs


Re: XXXXXXXX

I write with regard to letters I sent to you on 5 February 2010 and 17 March 2010.

I have now received two letters from your company informing me that you are working on providing the evidence I request in February. You are clearly unable to do this. In particular, your company and another within your group have attempted to collect this erroneous debt twice in the last two years, neither company being able to provide any evidence that I am liable for it.

Again, I refute the legitimacy of your claim that I owe this debt of £12.40

As I mentioned in a previous letter, I am familiar with the OFT Debt Collection Guidance. In continuing to pursue me for this erroneous debt, you have contravened the following sections;

False representation of authority
2.4 (f) pursuing third parties for payment when they are not liable

Physical/Psychological harassment
2.6 (c) using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties

2.6 (e) not informing the debtor when their case has been passed on to a
different debt collector

2.6 (h) ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

Repetitive and/or unfair methods
2.8 (a) sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.

2.8 (f) passing on debtor details to debt management companies without the
debtors' informed prior consent

2.8 (i) failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued

I shall be reporting your company’s non-compliance with this guidance to the OFT.

I note that, contrary to previous instructions, you have not removed the default registered on my credit file, nor have you removed any records linking me to this fallacious debt.

Under the Data Protection Act (1998), your company, as Data Controller, is required by statute to ensure that the data you hold on data subjects is accurate. You are further required to amend that data at the data subject’s request if that data is not accurate. You are also required to cease any processing of personal data where that processing may cause damage or distress.

I will now, therefore, register a complaint in this regard with the Information Commissioner.

I shall also be raising this matter formally with the Financial Ombudsman.

Please note that writing these letters to your company is not without its personal cost, both in terms of time and stress. If you continue to pursue me incorrectly for this debt, I will be invoicing your company for my time. The charges for this will amount to £75 an hour plus disbursements. Further, if on production of the above-mentioned invoice(s) your company does not provide prompt payment I will instigate small claims proceedings against your company.

Please provide immediate (within 7 days of the date of this letter) confirmation that this matter is now closed and that your records have been amended to ensure that this debt is no longer linked to my name and address (past and present). Please also provide immediate (within 7 days of the date of this letter) confirmation that the default your company has illegitimately registered on my credit file has been removed.




Yours faithfully


Uniteddw

rs82uk

Just thought id post to say these guys are still going strong, I have today recieved a letter requesting money for an account last paid into in 2005, I will be firing off a prove it letter to the shortly.

I think they deliberatly target accounts from a long time ago so that people wont remember a thing about them.

Hayhay_2

Hello!!

can i just say a HUGE HUGE HUGE HUGE thankyou to everybodys help on this forum,

we had a bill sent to us for £700 for a mobile which ended over 3 years ago which we knew we paid off,

i sent off the "prove it" letter and within the 28 days allocated i recieved a letter literally 5 minutes ago saying that my account is now clear and it will take 28 days to show on my credit file!!!

Thankyou so much, we found the original debt letter (which was for a phone my partner bought for his then girlfriend) on returning home from having our youngest and have been fighting it for over a year , i only wish i found this forum earlier to have saved the wasted tears and sleepless nights,

so hold on in there people and if you no you are right fight for it!!

thank you thank you thank you

xx:Txx:Txx:Txx:Txx:Txx