Debt Not Mine...help?

PamelaR

Before Christmas I received a letter from Lowell saying I owed money to Three Mobile and they had taken over the debt.

I didn't know anything about this debt, and after a bit of digging through old paperwork, I found my old Three contract and the account number didn't match the one I am now being chased for.

It is dated November 2007 when I didn't even have a Three contract, and hadn't for some time.

The year prior to this, I took out two Three mobile contracts, one for me and one for my boyfriend who didn't have any credit history. When we split, I contacted Three to change the contract over to him. I was told someone with a credit card would need to do this, so I gave all the info to the ex who said his mother would deal with. I heard nothing further and assumed, probably stupidly, that everything was fine. I have heard nothing from Three until now.

I have struggled greatly with debt in the past but that is all behind me. I did get chased by Three for a debt on my own contract, but that was dealt with years ago.

After receiving the letter before Christmas, I came straight on here for some advice. I sent Lowell a letter asking them to prove the debt was mine. This morning their response came basically saying there is no reason for non-payment and are asking for payment now. Attached was a bill from Three dated 23 November 2007 for the owed amount.

It isn't a huge amount, but enough to make things difficult for a while. Also, I really don't want to pay for something that isn't even mine.

Is there anything I can do? Any and advice greatly appreciated!

nottoolate

lowell have a long long history of chasing fictitious 3 debts

http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

a random bill for a phone number you have never had doesnt prove you are liable for a debt. only proof you signed up for that number/contact can do that.

EssexHebridean

I would send them the prove it letter again, with a copy of the previous letter attached, pointing out that they have failed to respond to it. The point of the Prove It letter is just that, for them to provide proof that the debt is owed by the person they are chasing for it. They are well aware of the this, and the fact that they are stalling suggests that they have no such evidence, to me.

PamelaR

Thanks so much for your help and excellent advice. I will definitely send the Prove It letter again

FireWyrm

...Or you can send them a suitably scathing pi$$ off letter - either works.

The bottom line is, if they cant prove it, they can just jog on and you are under no obligation to answer their questions, provide any information of a personal nature or listen to their inane demands. If the Prove It letter doesnt cut any ice, write another one referencing that telling them to stick it since you're not the one they are looking for. They cant do anything to you so dont worry about that. The most they can do is harrass you, whereupon you just write another blistering letter threatening to take them to court and report to the OFT.

Something along the lines of this should do it :

Dear Scumbags

I am writing in reference to your recent correspondance of <date> where your organisation has refused to provide the evidence of the outstanding debt as requested. Since I am sure you are aware that it is the creditors' responsibility to prove provinance of the alledged debt and that the creditor is legally obliged to do so, I see no reason to continue with this communication.

I do not acknowledge this debt, indeed, I have not been a customer of 3 since well before 2007. Your continued intrusive attempts to gain renumeration from me is now bordering on harrassment and if your organisation continues to behave in this manner, I shall have no option but to report this matter to the OFT. I have given your organisation ample opportunity to comply with the law and it seems this requirement has been completely ignored.

I trust that I have made my position clear as this letter constitutes a final warning. Should your organisation continue in this futile effort, I will take steps to ensure your organisation is reprimanded by the apropriate oversight body.

Yours Sincerly
<your name in type, not signed>