1st Credit - Chasing mobile phone debt!

[jono77]

Hi

 

Just over 2 years ago I recieved a letter from 1st credit claining I owed £559 for a mobile phone bill with single point. I too called and told them I wanted proof and they advised it was up to me to proove that I didnt owe it! I requested a statement of account and they advised they would get one sent out. I got a letter saying this could take a month. Got a few more letters saying pay up, In the meantime I then sent a CCA letter enclosing a postal order and never heard anything!

 

2 Years 6 months later I recieve a letter from 1st Credit advising that they have assigned my account to Lowell Financial (Red Debt Colection services) they are now demanding payment and the usual we will send a field agent round or proceed with a CCJ for an attachment of earnings order?

I wrote again A CCA letter enclosed the postal order sent recorded etc and they have replied saying that the account agreement is not subject regulated under the consumer credit act and that their client has no obligation to supply the information and again to pay up. (they returned the postal order)

 

I have called the national debtline and they said I should write saying I will enter into no further correspondence till this information is provided, they also confirmed that my credit file is clear and shows satisfied account and 1st credit do not even appear on my records.

 

They told me its just been sold on and probibly will continue to be so.

I understand that mobile phone companies are not regulated under the CCA and wonder if anyone has any advice on my next step. I have no intention of paying as I believe the debt is wrong. I feel like calling them up and saying see you in court, but have been advised the the national debt line not to do this

 

Any ideas/help appreciated.

 

Thanx

[twofoot]

CCA may not cover phones but they still need to proove you owe them. If they can't proove it don't pay them. Keep records of all correspondance. Next time don't send CCA letter, send the proove it letter.

[jono77]

Is there a template for this proove it letter?

I am also wating for the debt helpline to send me details of the office of fair trading to debt collection so i can complain quoting particular points!

[maroondevo52]

Hi, jono77.

 

Here's the 'prove it' letter..........

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

Here's some info on the CCA and Mobiles.......

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Regards.

 

Scott.

[jono77]

Hi thanx for that

But as I have written requesting CCA info does this not mean I have kinda admitted this is my debt and acknowledged there letters also??

Also the link says about SAR. this should go to the mobile phone company and not the DCA is this correct cos if so singlepoint no longer exist and i doubt vodaphone would have any knowledge of it as was 4/5 years ago?

Its so annoying as my credit file show everything I have as satified accounts and 1st credit dont even appear on it!

Thanx

[ODC]

Sending a CCA is your LEGAL right. Its not an admission of a debt but merely a request for proof that the debt exists, is enforceable and the DCA has a Legal right to claim it. Without a written contract between you and the phone company Lowells are stuffed. If it was enforceable you can rest assured Worst Credit would not have passed it on to the Leeds Losers