Advice please re old fone account

GABS71

In Jan '05 I terminated my contract with a very well know mobile phone company. At the time I thought I had paid the remaining balance on the account. In Mar '09 I was checking my credit report and there was an outstanding balance on my credit score, associated with this company. I requested that Experian investigate this for me and they managed to put me in touch with the mobile fone company. I asked for proof of the amount outstanding, this was not forthcoming despite many emails from me to them. I then did not hear anything from the fone company until Aug '09 when I received a debt recovery letter from a well known debt recovery company. I spoke to them and they again contacted the mobile fone company, again no proof was forthcoming. I then received another letter in Dec 09 asking again for payment. As I could not prove I had paid this outstanding bill (due to timescale and different bank account) I have eventually agreed to pay the outstanding call amount of £154, this was advised by the debt recovery company as it was said that this would be a goodwill gesture and they may then drop the further charge of £199 for the so called terminated contract. THE ADVICE I NEED IS THIS.....

The FONE company and I agreed over the phone (verbally) to terminate the contract in Jan 05 rather than continuing with the contract until Aug 05 - again I have no proof of this. They are now claiming that I still owe them £199 for the terminated contract which should have run until August 05.

My point in all this is that had it not been for me chasing this on my credit score, the account would never have been chased by the fone company as I had never received a letter chasing this money. I had changed address however I am on the electoral register and all mail was forwarded for a period of approx 3 months when I moved house in Jan 2006 (1 year later than the supposed outstanding bill).

The debt recovery company have now told me that despite this goodwill payment of £154 been paid by me, they will now continue to chase me for the remainding balance and it may go to court and this will now remain on my credit score for a further 6 years!

This seems very unjust and if anyone knows how I stand legally I would welcome their input and / or advice.

THANK YOU

DarkConvict

They have 6 years to chase you, if you had waited until closer to the 6 year mark they might have started chasing as a computer flags up the debt.

Terminating verbally is never good, should be done in writing and you should have been advised of this. You should also have been advised as soon as the account ran into arrears/defaulted.

The default if one was ever placed can only stay on for 6 years. And should be placed within 6 months off you defaulting, so mid 2010 at a guess. If no default was placed they cannot place one now, neither can they extend the default date by changing it. If one was legally and fairly placed it will fall off your file in 2010 regardless.

They wouldn't risk taking you to court, you have paid as a goodwill gesture despite the fact they have no proof. If they have no proof or fail to provide it to your before the court hearing you have a perfect defence to defend against it. If they still have not provided proof send this by recorded delivery - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2