Time limitations on Consumer Credit Act Requests?

Ms_Speculatrix

Hi, I am new here and I am hoping this has not already been answered elsewhere. I have been trawling the forum for a couple of days and cannot find it so here goes.

Essentially I need to know if there is a time limitation on how long companies have to provide requested information. I got the Office of Fairtrading involved in a dispute with Lowell about 2 months ago having been contacted by them in May 2011 regarding a 3mobile account which ended in 1997. I do not believe I owe them this money as I stopped my account when the contract ended. After 6 months and the OFT they finally sent me a copy of the letter of assignment. They are still refusing to send me a copy of 3mobile's service agreement insisting it is my responsibility and I do not believe it is since the burden of proof is on them. The OFT agrees.

Last month I received a statement of account which showed a zero balance. I wrote back and said in polite terms that essentially as my balance is zero they could go take a running jump. I now have a letter saying they have put my account on hold whilst they secure monthly statements from 3mobile.

I really dont think I could cope with another year of this to be honest. I am self employed so all these letters are costing me time when I could be earning money. Someone even suggested I start charging them per letter when they saw how much correspondence had been passed between us!

Is there a time limit? And is so what section of what Act is it in.
Many thanks for your time reading and any help you can give will be most appreciated.

fermi

Phone contracts are not usually covered by the Consumer Credit Act.

The OFT are correct. It is Lowells responsibility to provide proof that this debt exists. There is no specific time limit for providing that proof, but they should suspend all collection activity while they do it.

You say the debt is from 1997?

If so, then it is more than likely statute barred even if it does exist.

See: http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

If the debt is statute barred as well as disputed, and you tell them that, then Lowells are obliged to take a long walk off a short pier

jonnyd281

Were 3 around in 1997?

Ms_Speculatrix

Thanks, I have gone over the mountain of correspondence on this, I had 2 letters from 2 separate debt collectors in 2008 about this, and I wrote back to both saying I had no contract with 3G and certainly none with their company. I asked for proof of the debt and they never responded. I heard nothing after that until May 2011 when Lowell contacted me.
3G have never contacted me themselves regarding any potential debt.
It's all very odd.
I am going to look into the statute barred thing too, thank you.
At least I know I just have to stand my ground now, I can't help thinking that it must have cost them more than the disputed debt so far just to provide the evidence! If I owe it I will happily pay them, I just don't think I do.
Thanks again for your reply.

fermi

jonnyd281 wrote: »

Were 3 around in 1997?

Good point. I don't think so?

mo786uk

If they havent proved the debt is owed then send them a letter telling them you dispute the debt and wnat no further contact unless they prove said debt.

If they keep contacting you report to Trading Standards (via Consumer Direct).

unholyangel

fermi wrote: »

Good point. I don't think so?

3 is a brand name under which several UMTS-based mobile phone networks and Broadband Internet Providers are operated in Australia, Austria, Denmark, Hong Kong, Macau, Indonesia, Ireland, Italy, Sweden, and the United Kingdom. The company was founded in 2002.

It appears the OP may have made a typo with the 1997 part. It is perhaps 2007? Debt Collection companies have a habit of coming out of the woodwork in the year or two before debts become statute barred from what I've seen.

Ms_Speculatrix

I think you are right, but that is the date I was given for the start of my contract date with them by Lowell. Another thing to confuse me. I do know I ended the contract in 2007 and went to 02.

fermi

Ms_Speculatrix wrote: »

I think you are right, but that is the date I was given for the start of my contract date with them by Lowell. Another thing to confuse me. I do know I ended the contract in 2007 and went to 02.

Not what you said in you opening post, hence the confusion.

Ms_Speculatrix wrote: »

regarding a 3mobile account which ended in 1997.

Ms_Speculatrix

Sorry my mistake.

fermi

In that case it wouldn't be statute barred until 2003.

As said, report Lowells to TS etc.

If they want to collect this debt, they they must provide proof that it exists and is payable. Their "say so" is not good enough.

Ask them formally for a copy of the evidence they would seek to rely on in court.