Mobile Phone Debt

crystalbristols

I am a support worker and one of my older and disabled clients is currently being pursued by a debt collection agency over an amount of money (just over £500) the company says is owed to a well-known mobile phone company. No original account number for the alleged debt has been provided, just the name of the mobile phone company concerned and the amount owed.

The person has been receiving written demands from the debt collection agency for the monies to be repaid and is being offered a monthly instalment repayment option of £15 per month. Court proceedings are being threatened in the letters if payment isn't received.

The person I am supporting has a hearing impairment and is adamant they have never had a mobile phone, let alone one on a contract. They say they have never dealt with the mobile phone company concerned in any capacity whatsoever. They deny the debt and have no idea why this debt collection firm are pursuing them for these monies. They even suggest the mobile phone account debt being pursued in their name may have been fraudulently applied for in the first place by somebody using their details. Needless to say, the letters they've been receiving have been causing them much worry and distress.

I have supported the person to write to the debt collection company, along the following lines:

In response to your letter to me, I do not acknowledge any debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

We have just received a reply back from the debt collection agency stating:

Please note that certain accounts are excluded from compliance with Part V of the Consumer Credit Act or are not in fact credit or hire agreements and we believe that your client’s account falls into one of these categories.

We therefore require immediate payment of the sum outstanding or alternatively your client’s realistic proposals for repayment of the same.

I would be most grateful for any advice on what is the best next move for the person I am supporting over this matter.

Thanks.

Tixy

I would instead send the prove it letter - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2 they need to prove he owe the money or give details of the debt.

Just one other quick thought if this well known company is the one that thinks the future is bright - they previously took over wanadoo which before that was freeserve - is it at all possible that your client had an internet account (dial-up or broadband) with either?

It may well be just a case of fishing for anyone with a similar name to their actual creditor or it could be a case of fraud. This letter should stop them a bit though.

DarkConvict

That is sound advice Tixy.