3 legal action - help!

[izziewizz]

I used to run a construction firm and decided, as 3 were offering such amazing deals, to get two for me and another director. BIG mistake in not getting these through the company, for some reason which escapes me I got them in my name. As a lot of people's experiences, ours was horrendous. After hours and hours on the phone trying to sort out the bad phone and bad service I wrote to Bob Fuller (this was in 2003) telling him why I was cancelling the agreement. I received no response. I then started to received letters from a debt collection agency. I wrote to them too telling them why I believed the debt was not due (this was for the months of the contract after we had 'cancelled' the awful service when the phones were not in use). The letters kept coming until I received a letter informing me of litigation. I responded by saying I'd had enough and they should take me to court, at which point I would counter-claim for the months we DID pay for the awful service and the stress etc etc. I heard nothing more. This was in 2005. I forgot about it to be honest and then a few weeks ago I get another letter, this time from HFO services telling me I owed this money! I ignored it (for many reasons) and then a few days ago I received another letter (very threatening) saying I had 14 days to pay or I would be taken to court. I sent a letter including all the correspondence I had about the issue today and suggested they take me to court (and again, I would counter-claim). Then this afternoon I get a phone call asking me what I was going to do about the money I owed. I said they would be receiving a letter from me in due course. I was asked what was in the letter. I told the man on the phone that I didn't believe I owed the money; that I had been in dispute with 3 since 2003; and that they would have to take me to court.

I just wondered if anyone has been through a similar experience and if 3 actually do take people who they believe owe about £300 to court? I believe I have a very good case, it's just that in my life at the moment another stressful event could cause some major health worries. Not that 3 give a monkeys!!

[buzby]

I'm not aware of 3 taking anyone to court. They leave that to the bottom feeders who purchase these debts for 20p/£1 and then pursue you and/or take you to court.

 

Against you, is that you agreed to the contract and as such you cannot summarily end the contract without their express agreement. That said,networks are not good at resolving issues like these, so as long as you can prove you had genuine problems and the network ignored you and you can prove this (with copy letters, RD receipts) a judge may take on board the problems and not uphold the action.

 

Do remember, these collection firms are an industry - they don;t care about disputes, they only want their money. You can tie them in knots by asking them to prove you actually had a contract with 3, asking them to support their claim by providing a copy so you can look into it further. You'd be surprised how little paperwork is passed on. You should also have received a letter from 3 saying they were passing the debt onto XXX. In the absence of this, you are right to question any pursuit by 'interested' third parties.

[izziewizz]

thanks for this, it's really helpful. I"ve just been reading about other people having serious trouble with HFO.... seeing as I've just sent them a letter outlining the trouble I had with '3' does that not constitute an acceptance that I did have a contract with them? Can I still ask them to support their claim?

[buzby]

Absolutely - your position is that you wish to be helpful and under full disclosure you require them to prove to your satisfaction that they act on behalf of the creditor, or if they have become the creditor by purchasing the debt, then you require evidence of the original contract (as you cannot find one) and any letter sent by 3UK stating the debt was being assigned to them. Unfortunately without this, you will be unable to assist them.

[izziewizz]

thank you!!! I'll do that tomorrow and send it registered again, it will arrive the day after they'll have received my small package of previously written letters...

I'll let you know what transpires!

[izziewizz]

as an addendum - unfortunately I did get a letter from 3 stating that HFO were taking over the debt, I've just found it. Does this change anything with regards to me writing to HFO and getting them to provide me with a copy of the signed agreement?

[buzby]

First, if 'Registered' you mean Special Delivery - save your money, Recorded Delivery is fine. As for the letter advising you of HFO's involvement, just file it, and make your issue with them that you want evidence of the original contract to confirm that a 'properly executed service contract' exists.

 

Whilst you await this, add that you also give notice you will be 'vigorously defending' any action they may consider taking.

 

It is not unknown for them to move on to someone else who is easier to intimidate - but DO expect them to sell on the debt to some other firm.

[davethorp]

Worth mentioning too that as the debt originated from 2003, there isn't long to go before it becomes statute barred

[izziewizz]

OK, thanks. I think thats what Moorcroft did, and then passed it back to 3 who passed it to the threatening idiots at HFO. They have until Dec 2009 and then it reaches the statute 6 years. Maybe I can tie them in knots until then?!

[izziewizz]

sorry davethorp, typed that as you typed yours!

[buzby]

Ah - but you keep this information to yourself. You don;t want them noticing and getting some jobsworth to give it a little 'special attention'. Keep that part of your knowledge to yourself until after the date has been reached!

[izziewizz]

could have done that, if I hadn't sent them a huge file of papers with a copy of my original letter dated december 2003. But expect that they won't even read those letters or pay much attention to the dates. As it is, in some ways (after the reading about the hell other people have gone through) I almost want them to take me to court - they won't win and it will have cost them more than the original 'debt'!