three network collections keep hounding me

magstar71

I had a contract with three network back in 2003 -ish which ended in 2005.
In the past 2 years i keep suddenly getting debt letters from creditors asking me for £543.00 to which at first i got the letters sent to my mother in laws??? this is for non payment in 2006-2007 ( my contract had already ended) they are now sending to me after numerous phone calls telling them not to send to my in -laws and i keep saying i did not take out another contact and i keep asking them for proof of my contract and they sent me one invoice??? i asked for proof of my contract!!
It is supposed to be on hold now i get a different collector saying they are going to make a door step visit i am so not happy why are there more than one creditors, and why are they not sending me the contract i asked for?? Also bear in mind before these letters came i did not get any monthly invoice statements either!!

please advise me as this is getting ridiculous going round in circles is there a letter i can write to make them prove the contract that i did not indeed make?

thanks in advance!!

fatbelly

I've seen a couple of these threads -the account seems to be sold (assigned) to Lowell. Is that what has happened here?

Lowell then start to pursue the 'debt' (without evidencing paperwork) at the end of the six-year limitation period. Has it already been six years since you last made a payment or otherwise made acknowledgement in writing?

magstar71

fatbelly wrote: »

I've seen a couple of these threads -the account seems to be sold (assigned) to Lowell. Is that what has happened here?

Lowell then start to pursue the 'debt' (without evidencing paperwork) at the end of the six-year limitation period. Has it already been six years since you last made a payment or otherwise made acknowledgement in writing?

yes it was with lowell, i sent a letter about 9 months ago saying i did not have a contract then and please send me evidence but heard nothing and low and behold it went to another creditor and that was supposed to be on hold and last Friday i got a letter saying doorstep visit from someone else!! is there a certain letter i can send saying stop harrasing me until they give me proof?

because its a phone company are they still obliged to send me this dubious contract?

fatbelly

magstar71 wrote: »

yes it was with lowell, i sent a letter about 9 months ago saying i did not have a contract then and please send me evidence but heard nothing and low and behold it went to another creditor and that was supposed to be on hold and last Friday i got a letter saying doorstep visit from someone else!! is there a certain letter i can send saying stop harrasing me until they give me proof?

because its a phone company are they still obliged to send me this dubious contract?

Wait until it is definitely six years since the contract finished then send this:

http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16

You may like to tweak the wording slightly as the account was yours but you believe there was no outstanding liability and, even if there was, then they are out of time to take court action.

OFT rules say that they must cease collection activity if the debt is statute barred and you have informed them that you will not be paying.

magstar71

fatbelly wrote: »

Wait until it is definitely six years since the contract finished then send this:

http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16

You may like to tweak the wording slightly as the account was yours but you believe there was no outstanding liability and, even if there was, then they are out of time to take court action.

OFT rules say that they must cease collection activity if the debt is statute barred and you have informed them that you will not be paying.

thank you!! well low and behold i get a letter from lowell with a copy of one statement from August 2007 for owing £135.87??? apparntly an early termination fee was the extra £403.90, which they said unfortunately this does not appear on the statement!!! well that's pretty shifty, considering in 2007 i was on pay as you go.., my contract had ended in 2004 or 2005..i will have to find my old bills... Bearing in mind if i did apparently have a contract in 2007 this was the ONLY statement i ever got throughout!! and only when i asked for a copy of my contract..why did they not send this then? this is what i asked for..

Is there another letter i can write to them regarding them not giving me the info i asked for??

fatbelly

Very sneaky! They're going to suggest that the six-year limitation period didn't start until August 2007.

I have a similar case but I think the invented 'termination fee' was dated August 2006 so we are a bit nearer the end point and the matter is currently with the Communications Ombudsman. Whether that will be of any use or they will just side with Lowell/3 remains to be seen. Personally I'd be happy if they took 9 months to come to a verdict either way.

I don't have a standard letter. However, your case is going the same way as mine and, at this point, I told them that I was inclined to put the matter to the Ombudsman but that it was difficult to argue against something for which there was no evidence. So could they send a copy of the statement showing the alleged termination fee.

They have never been able to do that but their 'final response' was to set out a schedule of events and just say 'a termination fee was applied at this point'. You do need a final response, and to allow them 8 weeks to provide it, before the Ombudsman will take the case on.

magstar71

fatbelly wrote: »

Very sneaky! They're going to suggest that the six-year limitation period didn't start until August 2007.

I have a similar case but I think the invented 'termination fee' was dated August 2006 so we are a bit nearer the end point and the matter is currently with the Communications Ombudsman. Whether that will be of any use or they will just side with Lowell/3 remains to be seen. Personally I'd be happy if they took 9 months to come to a verdict either way.

I don't have a standard letter. However, your case is going the same way as mine and, at this point, I told them that I was inclined to put the matter to the Ombudsman but that it was difficult to argue against something for which there was no evidence. So could they send a copy of the statement showing the alleged termination fee.

They have never been able to do that but their 'final response' was to set out a schedule of events and just say 'a termination fee was applied at this point'. You do need a final response, and to allow them 8 weeks to provide it, before the Ombudsman will take the case on.

Thanks for the advice...all i want from them is the original document i apparently signed and goodness knows why is this so hard?? i just got an email and letter from them today asking why is it they have not yet received payment...so i am writing up the letter now..asking as before for the original contact..let see what they have..

magstar71

omg ..this is the latest...

i sent lowell a letter asking for the original contract which i never had or agreed to..and they sent me back saying this see below...
my comments in red..
As i had a service agreement under the credit act there is no requirement to complete and sign any such agreement in order to obtain an account of this nature, and that they are NOT obliged to provide me with any such agreement.

Under the terms and conditions of the consumer credit act 1974 in the case of mobile contacts, inserting a sim card and the usage of the equipment is taken as acceptance of the terms and conditions of the contract.

We therefore have provide statements from our client already.


With the information provided we believe have given satisfactory evidence of the debt..

PLEASE HELP>>> i asked for a copy of the contract NOT service agreement,as i totally dispute that i ever had this contract, mine ran out in 2005..
they only ever sent me one invoice from JULY 2007 only last month..I have NEVER received ANY invoices whatsoever during the date in which i apparently had a contact which was 23.06.2006 until 02.08.2007 this is what dates they have given me...I was on Pay as you go in 2006!!

All i ask for is my original contract..are they trying to fool me by saying they don't have to prove its a service agreement..is this the same as a contract ?? am i not well withiin my right to ask for a contact of evidence...which i never had??they are fobbing me off with one statement, no breakdown of the charges, no detail of the contract on paper just what they wrote in their letter..

Also while i am in dispute they should not demand money is this correct??

please help i really need to get rid of these pests..i told them i got married also and they sent the letter to my new name but still MISS as the title!!