Debt Collection Agency Woes! Advice Needed, please!

aaarrrggghhh

Hi

This could be a long story, but I'll try to keep it as brief as possible:

In early 2004, I took out a phone contract with '3 Mobile', lasting twelve months. The last payment was due in early 2005. I paid off the last months 'debt' and thus the contract had ended. I moved to Pay As You Go.

Fast-forward three-and-a-half years, and I receive a letter from 'Lowell Financial Ltd' stating that I owed £207 to them as part of non-payment of a contract I had with 3 Mobile. This was in December last year (2008). So, nearly four years after I had paid off my contract, I received a letter from a debt collection agency demanding money.

I immediately sent a letter back, stating I was not prepared to pay as I didn't believe I owed the money. Crucially though, I do not have proof of the payment made as I'd disposed of all of my bills/papers last year. I was quite scathing in my letter, accusing them of preying on people who may have disposed of their statements/paid off their contract/may be elderly or confused. I also requested a copy of the statement in question.

I didn't receive a response. In fact, I didn't hear from them for seven months, until this week.

Last Saturday, I received a letter from Lowell demanding payment within seven days. Enclosed was a statement which they claim is unpaid. To me, it could be any statement from the last three months of my contract, there is nothing to indicate that any bills had been paid up to that point, nor does the statement indicate I had paid. This is the main issue, I feel - proving I have paid this debt.

I opted not to respond to these shysters.

Today, I received a letter indicating that if I don't pay 'within five days' they would use all their force to get 'their money'.

Now, I'm not going to pay this debt - I don't hand out £207 to anyone without concrete proof I owe them that money. I know I have paid this debt, I just can't prove it. But why should I prove it?! Who are they?! Why should I have to prove a payment made to a different company over five years ago?

The plot thickened earlier this year when the same debt collection agency were featured on Watchdog. Other people were in the same position as me. Couldn't prove they had paid, so it was either pay up or have a black mark against your credit history.

The question is now, what should I do? What can I do in response to today's letter?

Thanks for any help in advance - I will respond on this thread to suggestions and keep you updated as this could help others in a similar situation.

Adam

vapourA

Did you give written notice to cancel your contract with 3, as well as meeting the monthly payments for the contract minimum duration? First thing that comes to mind is that the contract did not cancel but acrued and then defaulted.

It is tough with no proof of payments etc, if all else fails you can get your full file from 3 by making a DPA request but it will cost you £10. You can do the same with your bank if you paid by direct debit to get all your statements without paying the individual statement fee to your bank.

Hope thats a little assistance to you