3 Mobile and Lowell Finacial

killerkev

I have a long running problem with 3 over a alleged debt on a phone contract from November 2006. In October 2009 I received a demand for £139, I asked for proof of debt 3 were unable to offer any so the debt was transferred to Red/ lowell.
In November 2009 Red saying I had to pay them the debt, again I wrote asking for proof of debt , they wrote back saying they would request statements from 3 I then heard nothing so wrote saying as they had not come up with anything in over 3 months unless they could prove the debt within 10 days I would consider the matter closed.
Well to-day I had a letter saying that there is no legally binding time scale and they would contact me when they liked and there was no need to contact them again!!!
My question is can a Debt Collection Agency just keep the debt open forever ? after all I had to reply to their letters within 10 days.
Any advice most welcome

andrewh

Kev,

I feel your pain, I hate these companies who chase you years after the initial situation.

I believe that regards timescales, if they do not have substantial reasons then they can no longer trace you after 6 years. I may be wrong here, and this may just be scottish law... But I am sure someone may correct me if wrong.

Unfortunately they are right that they can contact you when they like. My understanding anyways :mad:

killerkev

Thanks I know about the 6 year rule , my main gripe is that in 2006 I had 2 contracts with 3 and cancelled 1 and have been at the same address and have continued to pay 3 on the 1 contract to this day. All I have asked 3 / red/ lowells to do is give me proof that I owe the money as far as I am concerned the contract finished when I made the last payment. So 3 months after being told to pay £139 within 10 days no one will show me any proof I owe the money. Lowells are just saying they can keep me waiting as long as the want!!!!
That can't be right?

DarkConvict

Your worded your letter just fine, and as we suggest. But they are correct there is no legal time line for them to have to follow other than the 6 year rule in England (5 in scotland) for debts going statute barred.

You got off better than most people, some people get constant demands for payments and totally refuse to acknowledge the "show proof" requests. Basically just wait and see, that is all you can do. Any attempt to recover funds without proof will fail as your are obviously smart enough not to pay without them showing proof.
They may attempt court action if it gets passed to a fool hearty agent, note if they fail to provide proof you have a perfect defence against the claim, just remember to show up and counter claim any reasonable expenses against them for having to turn up.

killerkev

Thanks for that I will just wait and see what they come up with. I would have thought that after 3 months it would have been easy enough to supply my statements . But as you say many just pay up