Getting nowhere with debt collector

Viberduo

6 years ago I got a Three contract phone, after about 7 months the terms changed(it may still be able to find, was when 3 like home changed) after about 30 phone calls to CS they agreed to end my current contract and gave me a pac code, but said if I agreed to stay they will make my £35 a month tariff down to £15, give me a new phone and I would not be tied into a contract and could leave at any time.

I paid at this lower rate for about 2 months before I had a dispute as I was not getting my allowance, somehow even though it showed at £35 a month and a £20 credit I was only getting the allowances of the £15 tariff so I incurred charges one month for going over limit.

I rang and got nowhere and eventually contacted head office who got involved and said they would get it sorted but about 2 weeks later I was cut off for non payment and head office just told me they could no longer help due to disconnection I wrote a reply but forgot to chase it up due to being illegally evicted a few days later.

Now 5 years after last payment I get contacted by a debt collector on phone who was the wrong address for me(I lived in student accommodation when I got contract and moved out in May and changed it with Three) then asked me about contract, I explained situation and he said that I was in a 24 month contract with them so owed about £500, I tried explaining the contract had ended early and he claimed that no such thing happens and I was making it up, eventually after telling him to shut up or I will put the phone down on him he agreed to contact Three, a week later I get a letter stating that I was in a contract and that you only get discounts and such when a contract is fulfilled and upgraded therefore the amount was correct and as a "goodwill" gesture they will take 15% off

Now what can I do about this? I do not owe this money unless you count the month or so till they disconnected me(therefore £15) not the remainder of the so called contract and termination fees, also by me saying I had the account and it was disputed at the time does that mean that its now 6 years till its barred? Just as I do not want to rip them off but I do not owe this money!!!

harveybobbles

Send the DCA the Prove It Letter.

Lensman_2

The debt will be statute barred just over 6 years after you made your last payment, or acknowledged the debt in writing.

I don't think the prove it letter is appropriate here. You clearly have knowledge of the debt and the DCA knows that.

I would simply write to the DCA telling them the following:
1. The debt is in dispute.
2. All collection activity will cease on a disputed account.
3. All future communication will be in writing.
Keep it simple.
And stay off the phone!!!

I would then get a SAR off to Three to get the statement history for the date of the last payment and your case notes.

Keep us posted.

fatbelly

Viberduo wrote: »

, also by me saying I had the account and it was disputed at the time does that mean that its now 6 years till its barred? Just as I do not want to rip them off but I do not owe this money!!!

Verbal acknowledgements do not count, not that you did admit the debt anyway.

A written acknowledgement would count so to keep things clear you could start your letter with 'I do not admit any liability for any debt to your organisation or any that you represent'

Don't say that you might owe £15! That's for them to argue.

As things stand they have a year (unless you are in Scotland) to decide whether they want a court to rule on this.

Hopefully you'll get it sorted by then.

Lensman's advice is good.

sourcrates

As Lensman says, disputing the debt automatically puts the account on hold, always do everything in writing.
Just add the facts, nothing else, head your letter as described above, you will find they will refer the matter back to "3".


Don't be surprised if "3" come back saying the money is owed, as like most Telecoms companies, they have useless customer service.:o

Viberduo

Thanks, for the barred part of it, that covers where the credit agrerement was started so if I got it in England then moved to Scotland next day it counts as 6 years, but if I got it in Scotland and moved to England its 5 years or am I incorrect?

Just thinking since it defaulted after I moved from England to Scotland its strange how they contacted me EXACTLY 5 years after last payment(last payment was June 2009) also despite me changing my address with Three they still had my English address(and I know I got a bill at new address in Scotland)

Also the "proof" the DCA sent was a list of amounts due and amounts paid(which in itself was not from Three but a photocopy of a older letter the DCA sent) which I think is lies because it showed my first payment January 2009 when I got the phone November 2008 and paid about 14 days later and again in December and the amounts seem crazy high i.e charging me between £45 and £50 per month every month when I had a mid range phone(and why would I go for such a high tariff as a student and get only a mid phone)

fatbelly

If you live in Scotland you should be subject to court action in Scotland. So you would probably already have a statute barred defence up your sleeve. Good.

If they commence action in an English court, then Govan Law Centre have some guidance:

http://www.govanlc.com/suedinengland.htm