lowell group and disputed three debt

shauniebabe

Hi,

Wonder if anyone can help, I've had a phonecall over a disputed debt with 3 mobile for mobile broadband which I never had. A few years ago I disputed it and never heard anything then pre xmas I got a call from lowell and went through the same thing again. They said it was being passed to three to investigate and have come back today saying that three say it is mine as they conducted a credit check and see I have a current account at my home address.

I know I've never had mobile broadband through 3 and at the time was working overseas so would of had no need of in sept 2008. Now I've asked for something to prove that it's me, such as a signature or anything but they say the onus is on me to prove that it's not me rather than the other way round. They say they don't need to provide anything that shows it is me and that the fact I've got a current account at that address is enough. They also claim they have sent a letter but lo and behold I have never received this even though they say it was sent on the 6th January and haven't been in touch till today.

They tried to put in my notes that I was refusing to enter into an agreement which I straight away pointed out wasn't true as I was disputing get the debt wasn't mine. They also said if someone had taken it out in my name it was still me responsible but that it would be down to me to sort in a civil matter with whoever had took it out....madness seeing as I don't know who it is if anyone!

So the question is what is the next step? And how to deal with this? Do I need to contact the police?

rizla_king

shauniebabe wrote: »

they say the onus is on me to prove that it's not me rather than the other way round.

Bullsheet

shauniebabe wrote: »

They say they don't need to provide anything that shows it is me and that the fact I've got a current account at that address is enough.

More bullsheet

shauniebabe wrote: »

They also said if someone had taken it out in my name it was still me responsible but that it would be down to me to sort in a civil matter with whoever had took it out....madness seeing as I don't know who it is if anyone!

Huge big stinking pile of bullsheet. :mad:

Anything on your credit files about this?

rizla_king

FCA says in their rules that

Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

Marktheshark

No, you need to tell them to Foxtrot Oscar until they can cough up some proof in writing this is your debt.
Even if it is at 2008 with no payment it is statute bared, but they already know that so dont expect them to admit it.
Tell them as of now, they write or get told to Foxtrot Oscar every time they call.
Dont give them an address, they should know this if they are as "clued up" as they think.

rizla_king

Also never talk to these tuckwits on the phone. They lie and lie and lie.

Only write.

dancingfairy

I would check your credit files just to check there is nothing on there. I wouldn't put it past someone to have a debt for F Jones and connect it to the first F Jones they could find.
Assuming all your files come back clear I'd write to them and point out you have no knowledge of this debt and you dispute a debt has ever existed with 3 mobile (or you could just ignore them).
df

shauniebabe

They've got my address and my parents which is where they say this was taken out. I didn't give them these so no doubt they've got them from three or searching for me.

I am fuming, how can they get away with just saying the debt is someone's without anything to say it is apart from the fact they know I've a current account at the same address. My concern is with the ease of launching money claims online and subsequently getting ccj's easily that I will end up fighting court action and using up my own valuable time!

rizla_king

Then reply in writing saying that you deny the debt completely. You will be reporting them to the FCA for lying to you and breaking FCA rules. You will defend any court action they might take. All you can do is put the ball in their court. They get away with it as not enough people complain to the authorities.