3 Mobile disgusting treatment

[Furkin]

My son is being threatened by a Collection Agency about an old contract that he had with '3' mobile.
He took out a 12m contract (quite an expensive one) & used it for 13/14 months (& paid a hell of a lot of money for the privelege)

He then went to another supplier & wrote to 3 telling them that he'd cancelled & requested that they stop taking money from his bank. He also told his bank to stop payments etc.

He was annoyed when not only did 3 take another months 'rental' (or more) he actually got a letter telling him that would put it in the hands of a collection agengy (CA).
I wrote to 3 on his behalf, twice. We never did get a reply.
I wrote to the first agency (CA) that wrote to him, & they dropped the case.
I wrote to the second CA that contacted him, & they likewise dropped the case.
I have written to another CA who are adamant that they will call on him to collect the outstanding money,,,, or goods.
The trouble is - my son works away a lot (on the Railway) & is terrified that someone will call & harrass his mother whilst he's away.

Can anyone advise on whether they can actually come round to his home,,,, &/or harrass his mother for money, or barge their way in to take his goods ?

thanks for reading,,,,,,,,,,,,,

[gni03349]

A "prove it" letter to this DCA would be an idea, as would writing to 3 asking for proof that he owes this alleged debt.

When a contract finishes, it's usually 1 month's notice that you have to give, which is why they would have taken that final extra payment.

[buzby]

Anyone can come to your house. As for taking your goods - that's theft - unless they have a court order, but you are a long way from that! Firstly, was your son 'of age' when he took out the contract (Over 1?.

Tell any DCA that the debt is disputed, don;t enter into any other conversations or correspondence. Your son needs to contact 3 by Recorded Delivery, explaining he concluded his contract and is being hassled for a debt. Would they explain what they believe the debt it, and how it was made up. Unless they can provide this information within 28 days, he will be forced to use the provisions of the Data Protection Act (a Subject Access Request) and he hopes this will not be required.

Once they respond, you'll be better able to judge what to do next, and IF any money is actually owed.

[dpick]

Hi just anybody cannot come to your house, only people like the postman police etc. This is a copy of a letter I have seen used for this purpose many time on CAG.

Dear Sirs,

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction.

Yours sincerely,


all the best dpick

[Furkin]

thanks folks,
some great advice.
I'll knock up a couple of drafts for when he gets home from work.
Just to clarify a couple of points:
He was about 21 when this happened.
The 'contract' was already over when this occured.
I think he's resigned to losing the money they actually stole, but he's more worried about his mum etc whilst he's away.

I'll get writing - thanks again to you all

[Furkin]

I have done a simple draft for my Son to 3, but it seems a bit flimsy.

Did I see somewhere on these pages - a set of templates for this sort of thing ?

If so, where do I find them please ?

......................... ...........

I will probably use the sample by 'dpick' (thanks) for the D.Collector,,,,, with my sons approval.

cheers all