Being pursued for a debt I don't owe by SRJ

Jon_W_4

I would be grateful for any advice regarding the following;

In May and August 2008 I received demands from a company called Westoc Credit Services for amounts of £36.05, then 137.90 on behalf of a company called 3G UK Ltd. I ignored the first letter as a mistake, but on receiving the second immediately phoned Westoct and pointed out that I had absolutely no idea what the debt was, but I would be happy to pay if they could tell me what it was for and that it was definitely my debt. After several phone calls they seem to agree that it wasn't mine and I heard nothing more.

Today received a letter from SRJ Debt Recovery in the post today who say that I owe £152.90 on a phone contract with 3 Telecom. It also stated that I am being fast tracked for litigation. I presume this is the same debt as above. They provided no details and were pretty offensive, merely repeatedly asking me how I would like to settle the debt. When I re-emphasised that I didn't know what the debt was and I had no intention of paying something I didn't owe they informed me of the dire consequences and how would I like to pay.

I then phoned the 3 Telecom "Helpline" to try and find out more information about what this was all about and whether they were able to look at their records and determine whether I ever took out an agreement with them. All they could tell was the phone number for a mobile phone contract and my name. After this all they would do is repeatedly tell me to get back in touch with SRJ Limited.
I phone back SRJ and had a similar conversation to the first one except that this one ended with me issuing several expletives and and puting the phone down.

The fact of the matter is I did not have a contract with this 3 Telecom. I know this for a fact because I have never had a phone contract with any company. The only mobile phone I have ever had is a pay as you go Orange phone. The only way I think this could have happened is that 5 years ago I bought my wife a BT Pay As You Go phone in a Lewisham phone shop. A week later I had a phone call from BT asking why I was changing my landline contract. I said I wasn't, it appears I had inadvertently agreed to when I signed a receipt for my wifes phone in the shop. A year later we moved to Wales. In the interim I never received a bill for a contract phone so it has been a surprise 5 years later to be hounded for money from some debt collecting agency.

I would be extremely grateful if anyone could offer some advice. I feel completely helpless in terms of getting either company to listen. Surely the phone company should take responsibility for investigating the validity of this claim given that the contract was purportedly with them. All they want to do is refer me back to the debt agency. There appears to be no mechanism to discuss the issue with them.
The easiest thing would be to pay up to ensure that my credit rating isn't affected, but I'm fearful that this could mean further demands and that it is an admission of liability. However, the offensive little herberts at SRJ wound me up so much I intend to see this thing out. The problem is I don't know where to start.

Thanks very much in advance for any help anyone can provide.

10past6

Hello Jon

Welcome to the forum, first and foremost never, ever phone these companies no matter how tempting it may be to resolve the issue.

Jon_W wrote: »

Thanks very much in advance for any help anyone can provide.

Send the following letter by reorded delivery, any problems, come back and post:

Creditor / DCA
Address


Your Details


Date

Dear Sir/Madam

Account no: xxxxxxxx

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

I would point out that I have no knowledge of any such debt being owed to (insert company name).
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I 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.

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

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

ONLY PRINT – NEVER SIGN YOUR NAME

Jon_W_4

Hi 10Past6

Thanks very much for the reply and the advice.

Since posting I have read a few other threads which deal with similar problems. When I received the letter I was so wound up I phoned as a knee jerk response; the experience wound me up even more! In fact, I can't remember the last time I got so angry.

I will send the letter first thing tomorrow. One thing that does concern me - even if I manage to head this mob off at the pass, the phone company can just the "debt" on to some other bottom feeders. Should I issue a similar letter to the phone company to get them to acknowledge that I never had a contract with them and expunge the debt from their records?

Regards

Jon

10past6

Jon_W wrote: »

I can't remember the last time I got so angry

This is why I mentioned never, ever phone them

Jon_W wrote: »

Should I issue a similar letter to the phone company to get them to acknowledge that I never had a contract with them and expunge the debt from their records?

The problem with debts, once the (OC) original creditor has sold the debt on, they tend to wipe there hands of the issue, so I doubt contacting other agencies will solve your issue.

One very important point, have you checked your credit file for any "Suspicious" activity?

Jon_W_4

Hi 10Past6

I haven't checked for anything dubious. I'm still getting used to fact that I've entered the Kafka-esque world of bogus debt recovery. I think I'd better sign up for a credit report tomorrow. I haven't actually taken out credit for anything in the past 5 years so have never given such things a moments thought.

My big worry is that my current mortgage deal is up and requiring negotiation in the next few months; it would be more than a little unfortunate if this pops up on a potential lender's radar.

Obviously sticking to paying cash doesn't guarantee a financially blame free life!

Regards

Jon W

10past6

Jon_W wrote: »

I think I'd better sign up for a credit report tomorrow

You can sign up here or here for a free credit report, but remember to cancel within the 30 day time limit.

Jon_W_4

Hi 10Past6

Thanks very much for the links.

Call me "Mr Paranoid" but having looked at a few other threads it appears the relationship between the credit rating agencies and the DCA's is slightly cosy. This makes me slighly nervous about giving out credit card details to obtain the 30 day free trial. I was going to apply for a report via snail mail using a £2 postal order.

Regards

Jon

smallfish_3

Hi, My husband had a letter form Westcot around Oct/Nov 08 and we sent the letter posted here and got a very polite letter back apologising fort he misunderstanding and that this would be the last contact and they would update their records. We haven't heard anything else. HTH & good luck

Jon_W_4

Hi Smallfish

Glad to hear that you managed to sort things out with Westcot. I must admit I found them fairly easy to discuss mattters with and they actually listened to my side of the situation. My mistake was not to pursue Hutchinson 3G once Westcot had sent me a letter saying that they were returning the "account".

SRJ Debt Recoveries on the other hand are by far the most obnoxious organisation I have had the misfortune to deal with. I also suspect that it is going to take some time to resolve this issue because as well as dealing with SRJ, I somehow need to convince Hutchinson that this account is entirely fictitious. I've prepared the appropriate letters which I will be sending out in the post tomorrow.

Thanks for your support.

Jon

Jon_W_4

I have now looked at an Experian credit report which shows a default was lodged against me Oct 2008.

I have now sent a SAR to 3G. Is there anything more I can do at this point to get the default removed e.g. note of correction on credit file.

Thanks

Jon

10past6

Jon_W wrote: »

I have now sent a SAR to 3G. Is there anything more I can do at this point to get the default removed e.g. note of correction on credit file.

You need to write to the company that issued the default and ask on what grounds they issued the default.

If you're not happy with the reply, you need to lodge a complaint with the Information Commissioner's Office click here.

You must go through the company that issued the default first.