3g debt - sold on?

simone83

Hi,

am looking for some help with a debt from 3G which they have sold to a debt collection agency.

In 2004 I left me exparter and as he worked for phone 4u he used my details to get a load of mobile phone contracts. I have to make all this offical and he was asked to leave his employment and all the debts were written off at the time (about 3 of the bog providors).

Now 5 years later 3g has sold a debt to a third collection agency who have written to me about this debt of £484.00.

I stupidly got rid of all the details of the aboe when I moved house in April 2009, thinking it was all well in te past.

The debt collection agency are saying that becuase they bought the debt I owe them and that 3G will now have no record of it, or the details of how it came about.

I am completly distraught and dont know what to do next. I am not paying for something I didnt do - but the debt collection agency say that they own the debt and I must pay it.

Any help would be great

Thanks, Simone

GeorgeUK

If 3g have no record of it, are you sure that they do? Can they prove the debt is yours?

I would send the 'prove it' letter initially.

Do you know when the debt was taken out (exactly?)
Are you in Scotland or England? Could the debt be statute barred?

simone83

Hi,

I live in Scotland now, but the debt was incurred in England. It was 2004 that all this happended, but all the debt collectors will say is that it was between 2003-2005 on there system, at the address that we used to share.

The also said not to contact 3 as they wont have a record of it anymore.

What is the prove it letter?

thanks for the reply

GeorgeUK

At the top of the DFW page is a "sticky thread" with the templates on it.
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

The debt will be statute barred if you have made no payment towards the debt for 6 years and have not acknowledged the debt in that time.

While 3g may not have the details, you could send a subject access request (SAR - cost £10) to them to see what data they do hold about you. If your ex lost his job due to this there may be something in his personnel file that will back up the fact that you do not owe anything - you would probably need to specify what the problem was and that they should look at this as well as just the info they have on any database.

simone83

thank-you this is very helpful. Although I would rather it was removed from my credit file completly, knowling about the statute barred thing may be helpful as a last resort!!

GeorgeUK

Did this account/s used to be on your credit file?
Is there a default registered agains the account?

If so at the very least i would contact one of the DCA's to put a note on the account that it is in dispute.

fermi

As you are in Scotland, a debt is statute barred after 5 years.

PNPSUKNET

if it was 2004 it wont be stat bar until next year. 3 will still have the details on file its just the dca trying it on. But it will be a challange

fermi

PNPSUKNET wrote: »

if it was 2004 it wont be stat bar until next year.

They are in Scotland. 5 years not six for the limitation period.

never-in-doubt

PNPSUKNET wrote: »

if it was 2004 it wont be stat bar until next year. 3 will still have the details on file its just the dca trying it on. But it will be a challange

It'd be this year cos the OP is in Scotland! (5 years)

Send this to them!

Dear Sirs,

Re: Statute Barred Account - Numbered - 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 under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their Debt Collection Guidance on Statute Barred debt, that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully




Sign digitally

simone83

thanks, this is all great information. I checked my credit file in April 2009 (just before getting a mortgage) and there was nothing on my file then - althought the DCA stated that they would now have put a default on there.

I am getting a new copy of my file - as I need this before I can put a dispute on there.

This caused so much stress and tension 5 years ago - it was sole distroying getting another letter yesterday!. will let you know how I get on and will be back for more advice, no doubt!