Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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I have only just calmed down after a discussion with a rude operater acting for a debt collecting agency acting on behalf of 3mobile.
About two years ago I took out a 12 months contract with 3 mobile through changing networks after they contacted me when my existing contract was nearing its end. I had a discussion with the operator who offered everything all singing all dancing, three times I stated if this was a 12 moth contract (I had just came out of an 18 month contract), 3 times he stated yes.
A month before the the end of this contract I wrote to 3mobile giving notice of cancellation. They wrote back saying it was a 18 month contract.
The letters went back & forth with me demanding to see a copy of my contract as I had never received one, the reaction was 3mobile sending a debt collection agency to recover the so called outstanding 6 months payments from me , that is until I sent in a data request letter along with ten pounds cheque to both 3 mobile & changing networks (recorded delivery). The deadline was 4th October 07, But I received no information from either.
This I didnt mind because the letters & phone calls stopped or so I thought as I recently received a bill for 76 pounds from a debt collection agency, I rang them & asked what this demand was for & tried to explain the situation regarding 3mobile, but the operator talked over me & threatend me.
What should I do next?, as obviously its becoming stressful.
There may not be an immediate solution to your problems, not least since many companies (not just telecoms) don't really like to 'do the right thing' and will simply initiate a series of automated responses to what they perceive as the problem.
You have, I presume, issued a request for info under the Data Protection Act - hence the £10 fee?
If so, then a wise move. Have they cashed your cheque?
If you are contacted by a debt collection Agency (DCA) then remember that they follow scripts too and will have no idea if your argument is genuine or not. Try not to enter into lengthy discussions with them, simply state at the beginning of a call that the account is formally disputed and you will only deal with them by letter, then tell them you are ending the call and put the phone down.
Write to Three at their registered office and make a formal complaint about the initial problem as you see it, the failure to respond to your DPA request, and the passing of the debt to a DCA whilst you had clearly let them know that you disputed the debt.
Make this very clear also - i.e. state in the letter that the debt is formally disputed.
Detail, as clear as you can recall, the dates of any phone calls and the conversation details. Let them know that this was repeated over several calls, rough dates if possible, and say that you will happily pay the outstanding sum IF they have proof that the call mentioned 18 months rather than 12.
Tell them to search their phone records (although these may have been deleted, not sure how long they keep them).
Give clear instructions as to how you wish this to be resolved and a deadline for response - say 14 days.
Have you checked your credit files recently?
I would suggest doing so soon to see if information has been passed on that can then also be challenged.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Many thanks for the advice & will follow to the letter.
The request was made under the data protection act, I will check to see if they have cashed the cheque. I had made a formal complaint by letter before with no real response, & have sent them several letters before that, disputing the contract as I hate talking to them over the phone.
Many thanks, keep up the good work, it is appriciated
Three mobile woes
agency to recover the so called outstanding 6 months payments from me , that is until I sent in a data request letter along with ten pounds cheque to both 3 mobile & changing networks (recorded delivery). The deadline was 4th October 07, But I received no information from either.
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