All very true I'm sure. A default was originally logged by 3 but disappeared for a couple of years. HFO Capital have recently re-logged the default in their name, which according to Experian they are able to do as the new creditors. Surely I should be notified of such a change, if not by 3, by HFO in 2007 when they apparently purchased the debt, or in 2009 when they re-logged the default?

Thanks again for the advice guys

I could just amend to cover both possibilities However, no substantive proof has been provided of any contract I have made with Hutchinson 3G UK, nor of Hutchinson 3G UK’s authorisation for HFO Capital Limited or Roxburghe (UK) Limited to collect the supposed debt on their behalf nor of a Notice of Assignment of such debt from Hutchinson 3G UK to HFO Capital Limited. Indeed, neither HFO Capital nor Hutchinson 3G UK have made any attempt to contact me regarding this matter.

Thanks, amendments made: You have contacted me on the 23rd February with your response to my request for proof of liability under the account listed above. I have received a breakdown of charges, and some dates of a supposed contract with ‘Hutchinson 3G UK’. However, no substantive proof has been provided of any contract I have made with Hutchinson 3G UK, nor of Hutchinson 3G UK’s authorisation for HFO Capital Limited or Roxburghe (UK) Limited to collect the supposed debt on their behalf. I am afraid that your response is not satisfactory and does not constitute the substantive proof of such debt being owed by myself which I have requested on two occasions previously. I would again like to point out that I have no knowledge of any such debt being owed to HFO Capital Limited, or Roxburghe (UK) Limited. In addition to my above requests, I would also ask that an explanation be provided as to how the original balance has been calculated, what the terms ‘Charges’ and ‘Misc Charges’ and their corresponding monetary values relate to, proof of your ability to charge interest on such debt and the rate at which interest can be charged. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide substantive proof as requested above to confirm my liability for the debt in question. I look forward to your reply.

This is what I have come up with.....any suggestions appreciated: You have contacted me on the 23rd February with your response to my request for proof of my liability under the account listed above. I have received a breakdown of charges, and some dates of a supposed contract with ‘Hutchinson 3G UK’. However, no proof has been provided of any contract I have made with Hutchinson 3G UK, nor proof of assignment of this supposed debt to HFO Capital Limited, a company whom has made no attempt to contact me regarding such debt previously. I am afraid that your response is not satisfactory and does not constitute the written evidence of such debt being owed by myself which I have requested on two occasions. I would again like to point out that I have no knowledge of any such debt being owed to HFO Capital Limited, or Roxburghe (UK) Limited. In addition to my request for proof of the original agreement and assignment to HFO Capital, I would also ask that an explanation be provided as to how the original balance has been calculated, what the terms ‘Charge’ and ‘Misc Charges’ and their corresponding monetary values relate to, proof of your ability to charge interest on such debt and the rate at which interest can be charged. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide the written evidence I have requested above to prove my liability for the debt in question. I look forward to your reply.

Thanks Buzby and DonkeyB. I'm going to send another letter asking for clarification around the charges, interest etc, as well as proof of the original agreement and assignment of the debt which I assume they should have notified me of in 2007 when they purchased the debt for next-to-nothing. The other strange thing is, whoever heard of a contract lasting 14.5 months??!!

Thanks for all the responses guys...proof attached. Roxburghe Proof.pdf

The phone was provided by a third party, Phones4u I believe. The issue was with the phone and the service. I couldn't make calls in central Leeds at the time the phone was functional, then I had handset issues which '3' arranged the repair of on two occasions....to no avail. They then offered an inferior handset with a 12 month contract entension, which as you can imagine I didn't want to accept. I asked them to provide me with an exact replacement over the original term which '3' themselves declined. At no point was I directed back to Phones4u.

Yeah, the only thing stopping me from paying is that 3 seem to think I broke the contract, whereas I stopped paying for it as they broke the contract by not providing me with a fit for purpose handset with comparable functionality to the handset I originally bought. I gave them plenty of time to resolve the issue (around 3 months). Couldn't make calls, texts didn't work at all, had no service most of the time (in a large city) etc etc....sure you've heard it all before.

Just thinking, would the next step to be to ask for proof of assignment to HFO Capital?!

Got their 'proof' today, last payment, who I owe, breakdown of how the amount I owe is made up. No account details etc...Thinking I might see if I can do a deal with them, no chance I'm paying all their charges etc....They probably paid £50 for the debt.

I received exactly the same, amount owed, interest, charges, miscellaneous charges, date and amount of last payment in 2004...no account details. I recently sent the prove it letter for a second time after receiving a 72 hour threat.

To their credit it does say 'You now have 72 hours from receipt of this notification'. The letter is dated 17th February, however, this is still 5 days (3 working days) after I have proof that they signed for my letter. I just don't understand how they expect you to pay £360 to them for a HFO Capital 'debt' that you have never received notice of. If I hadn't come on this site I wouldn't have known who HFO Capital was, not like they're helping to get their money by sending demands with no reasoning or proof that you actually do owe the money (i.e. who you allegedly originally owed the money to, and how the amount that they are claiming is calculated). Might be a good idea for me to send them a similar notice.

Hi all, I sent the first 'prove it' letter by recorded delivery over a week ago, and have received a 72 hour notice letter this morning. Should I re-send the prove it letter or is there a better way of doing things?

So if you've never paid by any other means than a Direct Debit, and have never acknowledged to the creditor that you owe money, you're untouchable??! Sounds good to me.

Its all good. Got the charges refunded straight away, although he did warn me (as they do every time), that this is the last time...Sure.

I have been banking with Abbey since University, when I was lured in by their fantastic offer of a current account, and actually ended up working for their telephone banking service which I am sure you are all rather more familiar with than you would probably like. Luckily, due to the fact I am a generally pleasant guy, when I have been charged in the past I have managed to get out of it, but I was refunded a £30 charge a couple of months ago, and even then, I had to request a call back from a manager. Today, I am pretty miffed. Granted, I like to flirt with my overdraft limit, but I am paid weekly, and they know the money's going in. I have just received my statement stating that I have incurred charges of £50, £20 overlimit fee and £30 honouring a £14.99 card payment which took me £1.10 over my limit for less than 24 hours. I know other people have been hit much harder, but how can they charge me what would be over 16,500% flat rate interest?! Its a joke, I am not happy, and I wish that I was in a position to pay off the overdraft and go elsewhere (but then again, they're all the same aren't they?).