3 mobile contract unaware of-debt collection

magstar71

Hi,

Iam getting very frustrated as i keep getting debt collection letters by Merit Force-instrucyed by Mackenziehall ltd for £542.96

Apparently this was due to a contract (can't remember taking out) in 2006 i had been with three before on an 18 month contract but that was in or even before 2004-since been using pay as you go?

Firstly the letters debt collection letters went to my mother in law to be in London and not my address?? weird-also these were making her anxious with URGENt on them etc-this was going on since 2009 and secondly when i phoned them up explaining how they got and why they sent them to her address that where is the informayion regarding this account-
SURELY if i had this account i would be getting monthly statements by 3 network ? I have had not ONE statements regarding this debt-NO reminders regarding this debt from 3 just debt collection letters

PLEASE what should i do as they say they do not have to prove with an agreement as it is amobile phone contract- i want to write a letter but want to know what to put!

URGENT PLEASE as getting thresta of visits etc phoning them is not helpful

sofababe

There won't be a credit agreement as its for a service but if you are really genuinely certain that this is not your debt then they will have to prove that you owe it.
I'm sure if you took a contract then you would have signed an agreement detailing length of contract and monthly payments etc. Ask to see this. If they don't have one then ignore them.
Don't speak to them on the phone though, write to the address on the letters. Have you contacted 3 about this?


Try this letter

Dear Sirs,

Account No: 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 I have no knowledge of any such debt being owed to (insert company name). I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally


and this one


Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully




Sign digitally