help with "red" collectors please

coupebrett

hi all
I have received a letter from red saying that i owe o2 £1368.09 from september 2009
I have also received one from lowell asking for the same ammount but with a brief breakdown on the back of the letter which reads as follows;
invoice balance;
28th june 2009 £416.21
28th july 2009 £73.40
28th august 2009 £73.40
28th september 2009 £805.08

outstanding call time/ line rental £532.22
early termination fee £835.87


I wasn't aware i owed any of this till friday and i'm not sure how i find out if is correct?

could someone please advise me on what to do next as i'm very worried about it

thanks for any advice
brett

Growurown

I would write to them and query this as they could have made a mistake. My understanding is that they have to prove that you owe the money. It isn't up to you to prove that you don't.

coupebrett

thanks for the reply
what is adequate proof that the debit is mine?
is that brief statement written on the back adequate enough?
thanks brett

Growurown

coupebrett wrote: »

thanks for the reply
what is adequate proof that the debit is mine?
is that brief statement written on the back adequate enough?
thanks brett

No the statement isn't enough. I'm not 100% sure but the only proof I would accept is the agreement that I signed. I would ask for a breakdown on the amounts charged too (if there is any chance this debt is yours), and why has it taken them so long to contact you. It would seem unfair to rack up charges if they haven't even notified you of the debt.

Hopefully someone with more experience with this type of situation will come along soon.

coupebrett

The letter says that they took over the debit on the 27/1/2011! 15 months ago.
Do you no the minimum monthly payments you legally have to pay them?
thanks

coupebrett

Anymore help would be very gratefull
thanks

macca101010

there is no minimum by law you can offer what you want or make them an offer to settle but make sure you challenge the debt first.

3 are terrible for getting things wrong if they get the air time back then you could get away with the early termination fee

lowell have probably paid 5 pence for every 1 pound of debt so anything they get over that is profit

they don't have to supply copy of the signed contract with mobile debts and they will just tell you that but they do need to prove that you recieved and used the handset and that you did not attempt to contact and cancel the contract

if you are going to pay then offer 1 per month they will try and get you to fill in means forms but just refuse and say that is all you can afford

Growurown

coupebrett wrote: »

The letter says that they took over the debit on the 27/1/2011! 15 months ago.
Do you no the minimum monthly payments you legally have to pay them?
thanks

As Macca says there is no minimum payment. The theory is that you put together a statement of affairs, basically what money you have coming in and what you have to spend out to live. What is left over is used to pay your debts.

You said you were unaware you owed this money. Do you think this debt is yours? If you think they have got it wrong then don't pay, write and tell them so. If the debt is yours then offer the £1 per month.

coupebrett

thanks for the advice guys,
i have sent them the template letter off here asking them to prove that the
debt is mine
what would you accept as adequate proof that i do owe the debit then, because as far as i no i didn't owe them anything?

Anthorn

As before stated, adequate proof that the debt is yours is the original agreement with your signature on it or an admission by you similarly with your signature on it that the debt is yours. In addition the address on the agreement must be one where you have actually lived and it is reasonable that the delivery address is the same address.

More than one company cannot own the debt so one or the other or neither of them will own it. Write to them and ask them to verify that they own the debt.

In paying off a debt, you decide how much you can pay every month and offer them that amount. They then decide whether to accept it or take the matter to a court of law, i.e. County court, to obtain a judgement. You are not obliged to give them a financial statement of your incoming and outgoing funds without a court order or if the matter comes to a court of law.

In dealing with debt collection companies you have to take control and not allow them to bully. A classic scenario is that you refuse to give them a financial statement and then tell them that if the matter comes to court they would be awarded less than you are offering because of your financial situation. In that event I'll bet money that they will accept your offer.

awayinchina

if or more when they prove it is your. Send them a letter requesting a complete break down of charges not a mickey mouse excel file on the back of a letter. Also, ask them to include the full charges prior to them purchasing the account.
The to be a real pain in the rectum, double check what they send by requesting all data under the data protection act (template on here and will cost £10 (use a postal order)) then do the same with the original phone provider (they keep the data for approx 10 years).
Once you the first break down which I am sure will be a simple idiots attempt of an excel file, DISPUTE the account, really make them work for it.
Plus by requestion under the data protection act any signed contract if it ever existed will be included (as it means ALL DATA). You will find that once you do all this they will offer you 40% discount...if they offer 40% they will settle for 30% or less.

good luck