A quick Roxburghe/3g Thread

EyeFellOva

Hi All,

I've read most of the Roxburghe/3 related threads on these forums and have a good idea of what they're up to.

I too had a contract with Hutchison 3G in 2004 that was nothing but trouble, blocking me from making calls because of a mistake they made, poor service, faulty handset etc.

I must have called them a hundred times for one thing or another, the final straw being the faulty handset (faulty due to a manufacturing fault, not accidental damage... intermittently didn't ring for incoming calls). I called NEC (the manufacturer) who said it was 3 who had to replace the handset, 3 refused stating that it was not faulty and the morons in India just kept on telling me to turn my volume up..... I've worked as an IT support consultant for the past 12 years so that just made me angrier!

Anyway, as most people seem to have done I wrote to the UK office of 3 stating that as they wouldn't repair/replace the handset as was stated in my warranty I was going to cancel my direct debit, if they had a problem with this they could contact me at the address provided. I realise now that this was a silly thing to do as for some reason 3 never let anyone know if you owe them money, they just wait 6 years and get it passed on to a DCA! I also can't find proof of the letter I sent... doh!

In December last year I got the call from Roxburghe saying that I owe them £380. I did the recommended action of asking them to provide proof of the contract and debt.... which never arrived. Unfortunately I didn't send the prove-it letter. 6 months on (2 weeks ago) they call me again (we had just had a baby.. not the best time) and I got the most arrogant t*sser you can ever imagine, he kept going over and over the same ground and refused to let me speak. I got angrier and angrier repeating the same things, I told him to send a copy of all the documentation by recorded delivery, it still hasn't arrived. He also said that once the documents had arrived then I had 72 hours to pay, where he got that figure from I have no idea!

So, I understand that poor service isn't guaranteed in your mobile contract, and I'm not trying to dodge the debt.

The thing I want to know is should I pay the debt? I think I should as what I did to cancel was a bit daft. However, the original debt from 3 is only £206, the rest has been added on by HFO then Roxburghe, who never contacted me before Dec 2009.

As it's been over 6 years I know I can get the debt statute barred, but next year I need to remortgage and I'm worried that the default sat on my account will affect the mortgages on offer. If I should pay, should I pay minus the interest?

If I settle, can I also request that the default be removed?

Tixy

What date is the default on your credit files?

EyeFellOva

Not overly sure but think it's 2005/2006! I'll check and update.

Tixy

Well if its a lot after when you stopped paying you could in theory complain about that, as it should be entered within a reasonable time frame from when you really did default (ie cancel your DD). But if it is due to drop off your report soon I was thinking it might not be worth the bother to you - I guess it depends if it will be gone by the time you will be looking for mortgages. I assume you know it will drop off after 6years regardless of whether its paid?

Personally I wouldn't pay as its statute barred. If you did decide to pay consider a reduced full & final settlement for say 25% of the debt.

You might have been a 'bit daft' in the way you cancelled (and who hasn't done something a bit daft with their finances) but they (3 the original creditor) had years to chase you and couldn't be bothered.

Why help roxburghe make a profit from buying SB debts?

EyeFellOva

Right, I don't have a default! Unless I'm reading my Experian credit report wrong I have no defaults at all! Which is a surprise as I had loads... they must have fallen off Could be on Equifax but who knows!

So, if there's no default what can they do? Can they issue a deault if it's statute barred?

Tixy

Nope, not once its SB.
If you think it is, then write to them to tell them its SB. Template letters and info here - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

Defaults should only be issued within 6months of you actually defaulting (according to OFT guidelines) thats not to say some DCAs don't issue you them once they take ownership of the account, a few years later. But they shouldn't and you can complain and have them removed.

EyeFellOva

So if it's SB, they can't issue a default, take me to court, apply for a CCJ etc? And it won't affect my credit rating?

Tixy

Thats it.

No requirement to pay. Only thing you might not to be able to do is get another contract from the same original creditor - and I'm guessing thats not something you were interested in anyway.

EyeFellOva

LOL! I wouldn't touch 3 with a ten-foot pole!

That's brilliant news, thanks for all your help!

EyeFellOva

Right, the first letter is drafted and ready to go! I hope these morons take the hint

Just to be extra sure, once it's SB they can't issue another default? Looking back HFO issued one originally but I can't tell when it was, the default date was 05/07/2004 (which was oddly 6 months over the 12 month contract end date...hmmm) so it's now dropped off my credit record.

In 5 years I've gone from around £10,000 debt to £0! I honestly feel like a new man

Numpty_Monkey

Once its SB they can go :whistle:
they can't do anything and if they try you report them