Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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 a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Alleged *3* debt-Have we got the set yet !!

    Hi to you all,

    I have an alleged debt with Three Mobile thats over four years old. I know this account was clear before I moved to o2icon. The first I knew about it was back in December when I received a letter from Lowell's claiming they now held the debt for the sum of £11.20. I sent a 'Prove it' letter and heard no more about it. Next came a letter from MacKenzie Hall. (you can see where this is going) Another *Prove it* letter and again no reply. Next up was Buchanan, Clark and Wells, signed by all three of them !! another *Prove it* letter and yet again, no response. Today a letter turns up from 'Red' via Lowell's, saying they now own the debt. So off goes another *Prove it* letter, unless anyone knows of something stronger ??

    Many thanks for reading this.

    Mrs Lex


  2. #2
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    £11.20
    FFS.

    love to know how many pennies they would offer for f&f
    IGNORE the desperate fools.

    SAMLOWELL DETESTER

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    PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.
    OR IF I HAVE HELPED IN ANY WAY.

  3. #3
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    When you don't respond they take it that you accept their claim and it all kicks into high gear. The trouble you have is when you dispute the charge, the enforcement stops, but the data is not removed. The only way to do this before the time-limit on collection is reached, is to take the matter p with 3UK directly. It might also be worth checking to see if the debt has been sold on, as you'll need them to tell whoever they sold the debt on to, that it is invalid.


  4. #4
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Hi Raymond,

    Thanks for your input, as far as my wife is aware there has not been any negative input on her credit file. The last letter she received stated that the alleged debt had been sold to Lowell's, and now Red have been 'appointed' to collect. This is after letters from those DCAicon's listed in her post. I will get her to write to '3' as well as Red.

    Cheers,

    Lex

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  5. #5
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    I would write a strong letter to the Chairman of the phone company, stating that in no uncertain terms they remove the default information, explain that you have been wrongly pursued by the various DCAicon's for this non existant debt....and that they have a duty for their own suppliers too. If they fail to respond within 14 days you will issue a letter before actionicon and pursue this through the courts....a complaint to the OFT too wouldn't go amiss....Do you have any correspondence to state that the account was cleared ? If this is causing you trouble then a SARicon might reveal some interesting information, i'd send this to Three, also check your credit files too.....

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

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  6. #6
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Apologies Mr L !!! just read your post, send the letter to Three and CC it to the Chairman Red/Lowells....you can potenitally sue them if any default information has been placed incorrectly !!!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


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  7. #7
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    I'm a firm believer that you never copy the CRA monkeys into a conversation. It gives them too much information and may erroneously give the impression you care about their involvement.

    With nothing on the Mrs credit file, she'll be safe from any subsequent hit - and the CRAs don't have the power to add to it themselves. If 3UK have indeed sold the debt on, alleged or otherwise, you clearly need to review the information as you have no recollection of any debt outstanding to the client company.

    So, you ask them for this - and to the CRA a bland, "in dispute" and you are dealing direct with the organ grinder. Therefore, you will not be opening s new channel of communications with a third party. Refer them to their client, as you are unable to help them with their enquiries.


  8. #8
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Cheers guys,

    First up is to get her to check her credit report and just make sure she hasn't missed anything (I am sure she hasn't) Then a 'Prove it' to Red and a 'Prove it with theats of court action' to 3UK.

    I'll get her to post the letters up here for your comments.

    Lex

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  9. #9
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    On another point, we don't seem to have contact details up in this forum for 3UK, do we need it and if so if someone can post Address's, Phone numbers and any emails they have, I'll make it a 'sticky'

    Lex

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  10. #10
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    I should urge caution regarding threatening 3UK with legal action. I agree that this is simply retalitory, but is kinda pointless and will reduce your just rebiuttal to nothing more than a rant. There's no harassment, they donlt owe you money and you cannot arbitrarily make a charge and try to get them to recompense you. Keep it simple, it often pays dividends.


    As to their address, they do publish it everywhere;

    3 Customer Services
    Hutchison 3G UK Ltd
    PO Box 333
    123 St Vincent Street
    GLASGOW G2 9AG


  11. #11
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    I agree with Buzby .. don't rant and threaten at this stage ..

    Contact 3Uk's data protection officer by emailing or writing to them at:
    dpa.officer@three.co.uk or the Data Protection and Privacy Officer, Hutchison 3G UK Limited, Star House, 20 Grenfell Road, Maidenhead, Berks SL6 1EH

    You can call 3's switchboard on 01628 765000 and ask to be put through to the Data Protection Officer

    Explain the situation, disoute the debt and any sale of the debt to a 3rd party ... ask them investigate and suspend all collections actions ......


  12. #12
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    A responce from Red.

    Thank you for your e-mail.

    We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

    Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies

    What I can guarantee is that your enquiry is being dealt with and you have no need to e-mail again.

    If you want to speak to someone in our Customer Service team then please do not hesitate to call on 0844 844 4722


    OK, it was writen by a robot. One thing she won't be doing is ringing them !!!! Nothing from '3' yet, I'll up date as we go along.

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  13. #13
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    After all the 'prove it' letters you have sent I think it's time to go to Consumer Direct 08454 04 05 06 I did this yesterday about 3 and they will advise what to do next.

    In my case they referred me to the OFT who gave me a reference number and said to call Otelo (the communications Ombudsmanicon) they also gave me a reference number and said to call 3 Executive and gave me their number and told me to quote the ref number.

    The guy was actually an English speaker based in Glasgow (miracles) and he promised to do his best to sort things out for me. Today I got a call back from him saying everything was sorted, 3 were in the wrong and they would be refunding everything we'd paid since december as well as getting an apology in writing from 3. My case was slightly different but I would still ring consumerdirect and see what they say.

    Good luck :~)


  14. #14
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    the general prob is 3g and lowell

    these phantom small debts are cropping up all over the place years later and no body at 3 or lowells know any thing about them

    it stinks

    small debt and get a default


  15. #15
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    I would urge you to contact 3's data protection officer ASAP and not deal with customer services (who are not trained to handle these types of complaints). alternatively email the executive.office@three.co .uk or the chief finance office david.dyson@three.co.uk and ask him to investigate (as he is ulitmately responsible for the credit and debt collectionicon strategy and policy).


  16. #16
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    great advice tadg

    scales clicked


  17. #17
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Hi there,
    I am currently in dispute with Hutchison 3G regarding their refusal to refund unused sim credit which I know is a different issue but can I just say that the contact info for 3 on these threads was really helpful. I wish you well and will update you re my fight.


  18. #18
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Quote Originally Posted by tadg View Post
    I would urge you to contact 3's data protection officer ASAP and not deal with customer services (who are not trained to handle these types of complaints). alternatively email the executive.office@three.co .uk or the chief finance office david.dyson@three.co.uk and ask him to investigate (as he is ulitmately responsible for the credit and debt collectionicon strategy and policy).
    Thank you tadg,

    I took your advise from your earlier post and we sent an email to '3's Data Protection Officer. I'll give it a few more days then start on the rest of your list.

    I would gladdly give you a 'tickle' but for some reason the rep button won't work for me, I'll get webby on it and catch you again.

    Thats a very useful list of contacts, I'll add it to the 'Stickys'

    Cheers

    Lex

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  19. #19
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Good luck with yours Alan, do keep us informed.

    Lex

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  20. #20
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    Default Re: Alleged *3* debt-Have we got the set yet !!

    Incidentally, there's no credit physically on a 'SIM' - the credit levels are stored on a server, which allows the SIM to make calls or block it if the credit is low. That said, there is no obligation on the network (according to the T&C's) to refund money used as credit on PAYG handsets.

    This is because it quickly became a way to 'launder' money - load an account, then get a credit back to a different payment method. Some networks will only credit a new SIM account, NOT return the cash equivalent.



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