Debt Collection Agency Harassing Me, Help?

ShadowFax

Hi everyone, I'm new here and I was just wondering if you can give me some advice before I take this further.

Basically last year in 2012 (I can't remember the exact month) I got a letter from I think the company was called something like Sigma saying that they were writing to me on behalf of t-mobile on a £164 bill I owe which I must pay immediately. This bill was all the way back from 2009! I found this strange as I have NEVER had a phone with t-mobile. The only thing I could remember was a internet dongle I purchased in 2009, over the counter and pay as you go. I literally used it for one day, then bought an o2 dongle the next day as the t-mobile one didn't work and never used the t-mobile one again. But I thought surely I can't owe a bill that much on something I didn't even use!

So I phoned up the sigma company and told the man on the phone that I have never took a contract out with t-mobile and this must be a mistake. He told me he'd look into it and that was that for a few months.

Now since then, I have been getting multiple letters off a company called HL Solicitors (who are acting on behalf of a company called Sigma SPV1 Limited) asking me to pay this bill. So a few months ago I called up t-mobile instead and explained to the woman the situation. She said it was from back in 2009 but the account has since been closed and she can't access the specific details on what exactly the charge was for. She said she would notify the fraud department and in the meantime just to ignore any incoming letters from this debt collection agency which is what I did.

Then yesterday I got another letter of HL Solicitors saying that if I don't pay the bill within 14 days they will take me to court! And now the charge has gone up to £229! So I called them up demanding to know why they are still harassing me. The man said it was for the dongle but it was an 18 month contracted dongle that hasn't been paid for! Now I know I did NOT enter into an 18 month contract with t-mobile, I bought the dongle over the counter at a supermarket. I didn't sign for anything. So I told him I'm going to sort it with t-mobile.

So again, I phoned t-mobile. I explained the situation to the woman and she said the bill is for the contracted dongle back in 2009. She said they passed my account over to a debt collection agency in 2010 (without my knowledge or permission) and said I need to pay it. I told her that I had received NO letters or contact from t-mobile asking me to pay this so called amount and WHY when I was supposed to be making these monthly payments every month for 18 months, did they not contact me asking me where the money was every month if it was supposed to be a contract?! She claimed that they did try to send me letters prior to 2012 when I know I have not received any and all she could say to me was to take it up with Royal Mail! How the hell will they still have records from 2009?

So after a long debate with her she said all I can do is email t-mobile in writing stating my case. She was no help whatsoever.

It just seems fishy that they are only now wanting the money off me, THREE YEARS down the line! There has been no contact prior to 2012, absolutely nothing during the 18 months when I was supposed to have this "contract". If you enter into a contract with a company and don't make the monthly payments, they hound you for them so why if I was in a contract didn't they do this back in 2009?

Also, the woman said the account has been closed so she can't access the specific details. So, what, am I supposed to just take her word that I owe all of this money without proof? Also, if the account has been closed, why would I even have to pay this so called amount?

I was just wondering if anybody can advise me what to do. I don't like this debt collection agency and I know you have to be careful with them. I know just ignoring them won't make them go away so what can I do?

If I email t-mobile what do you advise I say to them? I think I have an advantage in that they have left it three/four years to even make contact now, and the account has been closed. I know I didn't enter into that contract but I can't prove it as I don't have the dongle or the receipts, and realistically, who would after this long a time? This is why it's so frustrating because they've left it so long, all of my proof is gone.

Sorry for the long post. Any help would be much appreciated. Thank you!

[Deleted User]

Send them a "Prove It" letter.

Remember, it is up to THEM to prove you owe the money.

It is not up to you to prove you don't.

Oh, and make sure to PRINT your name on the letter.

DO NOT sign it.

spacey2012

I think the best option is to write NO CONTRACT on the letters and return them.
They might get the message then.

ShadowFax

Thanks for the replies!

Bedsit_Bob wrote: »

Send them a "Prove It" letter.

Remember, it is up to THEM to prove you owe the money.

It is not up to you to prove you don't.

Oh, and make sure to PRINT your name on the letter.

DO NOT sign it.

Thanks Bob. I've found a template copy of the Prove It letter. Should I send this to the debt collectors or t-mobile themselves?

Thank you!

[Deleted User]

I think, who you send it to depends on who owns the debt.

If the DCA is acting on behalf of T-Mobile, I think I'd send it to T-Mobile.

However, if the DCA is pursuing on their own behalf (because they've bought the debt), then I'd send it to the DCA.

DS4215

To cover yourself, send the letter to both T-mobile and the DCA. It should save time and get it sorted out quicker...

ShadowFax

Bedsit_Bob wrote: »

I think, who you send it to depends on who owns the debt.

If the DCA is acting on behalf of T-Mobile, I think I'd send it to T-Mobile.

However, if the DCA is pursuing on their own behalf (because they've bought the debt), then I'd send it to the DCA.

Thanks again Bob. I've just looked at the HL Solicitors contact details at the bottom of the letter and all it gives is an address and phone number. It says that service by fax and email aren't accepted and their website isn't even loading for me. Should I post a prove it letter to them instead?

Also on the letter it says the original creditor is t-mobile but the client they are acting on behalf of is Sigma SPV1 limited.

I'm going to email this prove it letter to t-mobile also, just to cover all bases but do you think I should try and send one to this Sigma too as they are the client they are acting on behalf of?

Sorry for all of the questions. I'm new to things like this and I really want them off my back. They have a damn cheek demanding money like this when they can't even send me a copy of the contract I supposedly signed!

EDIT: !!!!!!, t-mobile doesn't even have an email address either, just a postal address. Looks like I'll have to do this by post, this is slowing the whole process down. Especially when this HL Solicitors say I only have two weeks to pay. Can they legally do anything when they haven't even sent me proof of contract? I'm wondering whether along with sending these letters I should call the DCA back up again and demand that they send me a copy of this contract before they start threatening me with legal action. It's so stressful and worrying

rizla_king

http://www.hllc.co.uk/contact.php

info@hllc.co.uk

spacey2012

They can Harras you until you demand they stop, after this you can sue them if they persist.
The only other action is to obtain a ccj against you, as they have no contract with you, this will fail if correctly defended.
It is very important you do not disclose any details above what they know already and they must not get anything with a copy of your signature on.
Those that think they would not create something, have never dealt with a debt collector .

You should send them a written warning that their behavoiur is causing you alarm and distress as well as physical harm in disturbing your sleep patterns.
That you have no service contract with them and thus they have no reason to contact you, that they must desist from causing further harassment or legal action will be commenced, end the letter that this serves as 14 day letter/ notice before action, print your name only.

The_Boss

Post the letters by recorded delivery and await their response. Keep the tracking receipts.

ShadowFax

rizla king, thank you! The one that was on the letter didn't even work. They like making things difficult don't they?

spacey2012 wrote: »

They can Harras you until you demand they stop, after this you can sue them if they persist.
The only other action is to obtain a ccj against you, as they have no contract with you, this will fail if correctly defended.
It is very important you do not disclose any details above what they know already and they must not get anything with a copy of your signature on.
Those that think they would not create something, have never dealt with a debt collector .

You should send them a written warning that their behavoiur is causing you alarm and distress as well as physical harm in disturbing your sleep patterns.
That you have no service contract with them and thus they have no reason to contact you, that they must desist from causing further harassment or legal action will be commenced, end the letter that this serves as 14 day letter/ notice before action, print your name only.

Thanks very much Spacey! Now that I have their email address I'm going to send them this prove it letter, and I'm also going to add on what you have just advised me to say. The whole thing is getting out of hand, neither company can give me a straight answer on the specific details and I am NOT just going to take their word for it when I know it's false.

The Boss, thank you for the advice. I will definitely do that for the one I send to t-mobile.