consumer credit agreement request

alooof

hi guys
i've had an outstanding debt from a mobile contract that i've been trying to fight and have been following steps advised on this board/various other online sources

the debt is regarding an amount i have always tried disputed but have been constantly ignored. the mobile company (3) has now sold the debt onto a debt restructuring company (HFO)

I wrote to 3 requesting a copy of my consumer credit contract and details of my account, but received a very odd reply. as far as I was aware, a pay-monthly contract is a consumer credit agreement. according to the response i received, 3 claim that because the handset was given free of charge, meaning there wasnt a credit agreement. however i still signed the standard airtime contract that comes with signing up on a monthly tariff.

I included a £1 postal order as per the template which i found on here, and they said 'I appreciate you sending us a payment of £1, however we've not yet received this payment.......' the postal order was inside the same envelope!!!!!

the letter is full of awful grammatical errors and by the looks of it has been written by sub-contracted staff in a different continent, who seem to have completely lost grasp of what i'm requesting.

they also say that they won't be able to discuss or provide any details of my account and refer me to HFO, who wont hear any of it and are just pushing for payment


so my query is, first of all, do mobile contracts come under 'consumer credit agreements' and secondly, is the original creditor (ie 3) legally liable to provide info on the account even though they have sold the debt on?


i'm sure im entitled to some sort of consumer protection, as 3 basically kept racking up wrongful charges, refused to correspond with me, sold the debt on and are washing their hands of it. and the new debt owners neither care or are willing to listen to the dispute.

many thanks!

rog2

Pay Monthly Mobile Contracts ARE Consumer Credit, and, therefore, subject to the terms of the Consumer Credit Act, 1974.
They really can't have it all ways - they are 'ultra quick' to enter defaults on credit files, yet, when it suits them, they claim to be exempt from the provisions of the Consumer Credit Act - amazing.
3 should have provided you with a true copy of the original consumer credit agreement, within 12 working days of your request. If you paid the £1 by cheque or Postal Order, then you will have acceptable proof, should it be required, of your payment. I assume that you have kept a copy of your original letter, and the date you sent it - better still, did you send it recorded? If so you have proof that the letter was received.
It is, however, quite 'usual' for creditors/debt collectors to claim that they did NOT receive the statutory charge payment - the 'usual trick' is for them to 'credit' the amount against the claimed 'debt' in order for it to appear that you have accepted the debt and are making a payment towards it.
If the 12 working days, since you requested the cca, have passed, then this 'debt' or the agreement against which it is claimed as 'owing' can no longer be enforced, without the creditor/dca first obtaining a court order.
By virtue of you asking for the cca the 'debt' is in dispute and they CAN NOT take any Court Action against you - if they did then they would be thrown out of court - with a hefty bill for costs.
Furthermore - if 30 days have elapsed, since the expiry of the original 12 days, then HFO have committed a criminal offence.
It does not matter whether HFO is the original creditor or not - they STILL must supply you the copy of the original cca, and a full statement of the 'alleged debt' on request.
It certainly looks as though this 'alleged debt' is now 'irrideemably unenforceable'.

Good Luck.

alooof

many thanks rog2.
i have actually just come across some information on another forum that states that mobile contracts are in fact not CCAs but simply service agreements.
my other option is a subject access request under the data protection act, where they have to supply all information held on me, which at least would help identify charges.

i've been advised that 3 arent acting 'fairly' and i should write in with a formal complaint, and see how they respond


everything has been sent by recorded delivery - i'm keeping proof of all correspondence this time, as I'd sent letters in the past that were ignored but sadly i have no evidence!