Hi everyone

I've had Moorcroft chasing me for a debt to O2

which I don't recognise (especially as I currently have a contract with them and there are no problems).

I sent them the 'Prove it' template and they've come back with an odd response.

I'll copy what I sent them and then add their response to see if anyone can advise me what to do next?

Thanks

This is what I sent them.....

template removed - dx

Hi Sharky.

Please post up what they have said. Ill then advise.

This is what they've sent back...

We acknowledge receipt of your recent correspondence with regards to the above account. With regards to our contact at our client’s request we would like to begin by reassuring you that we have been instructed to assist our client in the recovery of this account.

 

We receive all instructions in relation to accounts in good faith from our clients and believe the information provided is accurate and the account is free from dispute. It is our understanding that accounts of this type are referred to us under the terms and conditions of your original contract with our client.

 

We would refer you back to this information for clarification of our involvement at our client’s request. For the avoidance of any doubt we have not purchased this account. We act in the capacity of an agent within our client’s remit at all times. As such our client remains the legal owner (Principal) and Data Controller of this account and the sharing of information rests wholly with them. Under the general rules of the agency, the Principal (our client) is legally entitled to delegate to its agent, when delegation is necessary for the proper performance of the task, e.g. when instructing debt collectors/solicitors to take action to recover debts.

 

There is no obligation on our client to seek authority before instructing agents. You claim in your correspondence that this debt may be queried or disputed. However, we note that you have not made any previous contact to advise us of any dispute that you have with this balance. We would ask you to supply us with these details so that we can query with our client and assist you further.

 

You have also asked for verification of the position with regard to the sums that are outstanding. We believe that substantial amounts of information will have been provided to you by way of statements during the lifetime of this account which will have been sent to you direct from our clients.

 

Upon referral of an account we would always seek to initiate contact with the account holder in order for us to attempt to begin discussions to try to bring the account to a satisfactory conclusion and we will also happily try to assist with regard to any dispute or queries that an account holder may have.

 

We would draw to your attention that we do receive letters of this nature from other account holders that can be obtained from a variety of websites and we believe many of these letters have no relevance to circumstances such as this.

 

The wording in the letter you have sent to us appears to be identical to a letter template that is available on various websites and forums. We are aware that some of the web-sites we refer to recommend this approach to dealing with debt which they suggest will lead to an agency responding by returning the account to their instructing client and thus they will avoid liability for the account. We must advise you that we believe this is simply incorrect.

 

We must stress that our client is fully entitled to seek to recover a balance that it believes to be outstanding and even if one agency does return an account following a period of non-collection then a further agency may well be instructed and further debt collection methods attempted. We hope the above answers matters at this point.

 

Please be reassured that your account is on hold and this will remain the position for a further 28 days to allow you the opportunity to respond to this letter and our request for your repayment proposal for this outstanding balance. Should we receive no further contact within this time your account will become active again and recovery action will continue.

Weird one... But dunno why you bothered with responding to them.

Why not contact O2...

[email protected]

I would be asking O2 what they are playing at and what account are they asking a bottom feeder like Moorcrap to collect.

If they have messed up you can threaten them both with action for Harrassment.

they are saying it is not their fault and never can be,

they are just doing as they are told and you shouldnt complain about them.

As they are nice people really they are going to ask you to look into the matter

so they can again tell you it is never their fault and then continue to harass you as you are clealry a nasty person who deserves it.

You will have to have this out with O2 and I would be demanding they pay all of your reasonable costs if they have screwed up.