3 (mobile) & HFO London!!

[kasper]

Hello how are you?

 

 

Last thursday i recevied a Slip in the post. The kind parcel force leave if you are not at home!!

 

It turned out to be scouting for HFO services.

 

I recived a letter to day stateing i owe £465.11 to three from 31 may 2007 which i do not owe them.

 

I cant even remember that i had this contract!

 

I spoke to 3 today and they gave me another numbe to ring. That number rings 5 times and cuts off! Three only have my name address etc, but nothing else about this contract!

 

I then rang HFO and spoke to someone in India.

 

he advised me that i will be able to see the full documents in the County Court in Northampton which is 127 Miles away!!! but i have to settle my account with 24 hours.

 

but they will not send me out anything to my home address.

 

Three have nothing to say on the matter just refer me to the same number above which nobody answers.

 

What can i do??

 

any advise welcome

 

thank you!!

[kasper]

I have just spoken to HFO again and they advised.

 

Either i pay up or i will recive a letter for a court summons. If i do no go to court i will be held in contempt of court. Also the debt will the increase to £900 with all the fees. This will also inccur intreset once the court has placed a C.C.

 

What do i do?

[kasper]

Hello guys, I have just looked at my credit report form equifax

 

I have no debt to Hutchinson 3G!

The last account i had with them was on: 12/10/04 untill 02/11/06. which shows no debt just "Settled". No default or anyhting!

 

No debt with 3 at all.

 

I am now very confused as to where they are getting this debt from?

[Bazooka Boo]

I recived a letter to day stateing i owe £465.11 to three from 31 may 2007 which i do not owe them.

I cant even remember that i had this contract!

 

Firstly check you credit file and see if there is any information on there about you owing this amount. Your credit file will also tell you who has been searching your file for information and when.

 

I spoke to 3 today and they gave me another numbe to ring. That number rings 5 times and cuts off! Three only have my name address etc, but nothing else about this contract!

I then rang HFO and spoke to someone in India.

 

Secondly, NEVER EVER call them, DO NOT RING THEM, send all of your correspondence in writing ONLY, if you are unaware of any contract or ever having any dealings with 3 then send them this letter template ammending to suit:

Account in Dispute

 

 

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 ******* Mobile

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.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

They have to prove that the debt exists, you do not have to prove you don't owe anything. I would take their threats with a very large pinch of salt, contempt of court indeed! I've never heard anything so absurd!

Three (3) are living up to their reputation by washing their hands of it all saying they will not talk to you about it, funny how they were good enough to talk to a third party about you! Were you ever issued with any other letters from 3, mentioning that this amount was outstanding?:idea: Have you ever had contract with 3?

I am assuming it is Hutchison 3G UK Ltd this alleged debt is with?

Don't settle anything until they prove to you that you owe it, don't ring them, if they call you tell them "everything in writing" and keep repeating it until they put the phone down, or you get bored of it. I very much doubt that you will ever get a court summons, especially as this is the first communication you have had from them!

I am confident that others will be better qualified than me to point you in the right direction on here, just do your homework and have a good look around the site for any further info you may need.

[Bazooka Boo]

I have just looked at my credit report form equifax

I have no debt to Hutchinson 3G!

The last account i had with them was on: 12/10/04 until 02/11/06. which shows no debt just "Settled". No default or anything!

No debt with 3 at all.

I am now very confused as to where they are getting this debt from?

 

Well done Kasper, what you need to do now is fire off the letter i posted previously (account in dispute) But where it says Account in Dispute, put in bold letters "NO DEBT IS ACKNOWLEDGED TO YOUR COMPANY" I think this then will automatically put the account into default? Anyone?

Then just sit back and wait, make sure you send it recorded delivery, print your name don't sign, and also make sure you make a complaint to BBC Watchdog and add your name to the growing list of accused debtors!

 

Are both investigating the complaints received so far. Personally I wouldn't lose any sleep over it, anyone??

Edited January 21, 2009 by alanfromderby
Links removed at request of BBC.

[kasper]

Baooka Boo,

 

Thank you very much, Much much appricated!! I will post out the letter recorded delivery tomorrow morning and i will also send emails to the adds you have provided.

 

Once again thank you!

[Bazooka Boo]

Your welcome Kasper,

All of that information I have learnt from this wonderful site and those on it, with CAG you will be able to reclaim the right, th letters sent out from debt collection agencies (DCA's) are designed to worry and harass you, with CAG you will quickly learn that there is no need to panic as much as the DCA's would like to make you. If you send it tomo am then I would expect them to receive it on thurday, friday at the latest. Give them a week or so to reply, if at all, and take it from there. In the meantime, you do not have to allow any bailiff or debt collector, or anyone you don't want to for that matter into your address, they have no legal power or right to enter your property. And again, don't entertain them on the phone, everything in writing only as that is your evidence if ever needed..let us know how it goes;)

[kasper]

hello.

 

HFO called to today, i advised i would like everyhting in writing.

 

The chap i spoke to advised "be worried as you will have a knock on the door very soon" i advised in writing please.

 

He advised i am very silly and to be scared lol

 

HAHAHAH

 

i live at home with parents, they can send who ever they want. Not my house so they can not take anything lol

 

They can try and do what ever they want. My credit file has not debt on it. It shows as setteld with hutchinson 3G.

 

thanks for the help.

[kasper]

Hello again

 

Just recived a call from the litigation manager at hfo.

 

He advised can i write down charges for going to court. I responded can you send it in writing!

 

Then he went onto say I will be recive a court summons in the next 4 working day. He also stated my mothers name advisieng because she is the home owner she will be brought in to the debt. Whats all that about??

 

I have a question for you!! Is it possible for them to take me to court so easily?

 

regards

 

kas

Edited January 21, 2009 by kasper

[sillygirl1]

He is talking rubbish. The debt is NOTHING WHATSOEVER to do with your parents.

 

If they do a court claim via Northampton you can go online and claim against them. I would also advise telling them when they ring that as it is now 'going legal' all calls are automatically recorded and will form part of your evidence against their allegations.

 

If they think you will be 'in contempt of court' by not turning up at Northampton (which when you claim against them it will be transferred to a court local to you) then they have been 'in contempt of court' as they don't usually turn up themselves, using the 'judgement by default' process.

 

What you now need to do is follow the basic rules below.

 

1. Tell them you are recording every single call and will include it in your evidence.

2. If they say to send documents to them that they will 'forward to the court' automatically send any documents from them to the court with your reply copied to al parties.

3. Their 'solicitor' is usually Turnbull Rutherford and they are fairly easily dealt with.

4. They are NOT ALLOWED to send a 'bailiff or licenced field agent' around without a court order, anyone who turns up at your door about this debt will NOT have any authority to be paid. Instruct your mother not to let them in under any pretext and if possible take their photograph and include this as evidence, telling them that you are doing this.

 

Basically HFO rely on 'scare tactics' to get money out of people, the alleged debt is probably nearly statute barring and is almost certainly a lot less than they are claiming.

 

In a nutshell it is NOT possible for them to take you to court so easily, papers have to be served on you from Northampton. I'd advise you to look on the Northampton County Court website and see their protocols.

[Bazooka Boo]

Kasper, two more letter templates you might want to send to them, again recorded delivery, print don't sign your name. And the phone calls "should" stop??

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, 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 do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

And for your information..It is a criminal offence to leave grossly offensive messages over telephone or make indecent or obscene or menacing telephone calls or calls which cause annoyance, inconvenience or needless anxiety - Telecommunications Act 1984 . The criminal courts may in certain circumstances treat such harassment as grievous bodily harm if psychological damage results.

 

the Protection from Harassment Act 1997 makes it a criminal offence to pursue a course of conduct, which amounts to harassment of a person. This Act also creates a civil statutory tort of harassment, which enables a person to obtain a civil court injunction to stop harassment occurring and to claim damages where appropriate. This is a very important piece of legislation which can potentially provide protection in neighbourhood disputes, cases of racial harassment, bullying at work, confrontation with the media or stalking, as well as hate mail and persistent unwanted telephone calls.

 

Harassment is not defined in the Protection from Harassment Act and so it will be a matter for assessment based on each case. It has been established that publication of a series of newspaper articles by a newspaper can constitute a course of conduct amounting to harassment. However, there must be a course of conduct in order to bring a claim. This means that there must be at least two incidents representing harassment - i.e. more than one telephone call - and the person who is carrying out the harassment must know or ought to know that it would amount to harassment.

 

Hate mail is usually anonymous, but if it can be traced the sender can also be prosecuted under the Malicious Communications Act 1988 . This makes it an offence to send a letter or other article which conveys an indecent or grossly offensive message or a threat, or which contains information known to be false and the purpose of the letter is to cause distress or anxiety. The category of communications under this Act has now been expanded - by virtue of the Criminal Justice and Police Act 2001 - to include electronic communications or articles of any description. This new definition will cover hate telephone calls, emails or text messages

 

Brief and to the point, don't call, don't threaten to visit, and everything in writing only. You can't get any clearer than that!

[kasper]

Hey thank you Sillygirl1 and Bazooka Boo.

 

I sent the first letter off 21-1-09 and the letter posted above by bazooka boo. yesterday. I have not had any more calls since 21-01-09.

 

I think they will contact me through thier solicitor now.

[Bazooka Boo]

I think they will contact me through thier solicitor now.

 

I don't think they will contact you at all! As their "solicitor" would possibly recommend that pursuing an innocent person for a fictitious debt would be plain stupid!

I have just visited my Mother at the weekend and low and behold BCW sent her a letter stating that they had closed the file and returned it to their client, who, I am assuming is Lowell.

As her credit file is clean, has no entry on there regarding this alleged debt, and doesn't even have any entry on there for 3G UK, they would be best off leaving well alone:)

 

I'm still puzzled who is answerable for this harassment, not sure who should be brought to account for it:???:

Theres still a few letters to be written, and as Lowell did a credit search without permission, there the first ones I'm going to vent my spleen on..

[kasper]

Hey,

 

Bazooka Boo sorry for not replying in the last month ive had 2 close relatives pass away. Things have been very hectic at home slowly returning to normal.

 

Well done on sorting out your mothers problem with 3G.

 

I heard again from HFS last week early morning on my mobile. The chap advised " Litigation will soob be in progresss unless i pay up"" I advised please send it in writing and put the phone down.

 

I searched my Credit file again today and again the same, a 3G acccount but with no debt listed.

 

I cant believe HFS are still playing games lol.

[tadg]

Kasper,

 

I am assuming that HFO are seeking to collect a debt on behalf of H3G UK Limited. In addition to the letters that you have sent, I would suggest that you email the [email protected] and advise them of the issue. Copy the email to [email protected] (he's the CEO) and [email protected] (he's the CFO and responsible for all matters relating to customer credit and debt).

 

Provide 3 with your full names, address and mobile number, and any reference numbers used by HFO. The email should clearly notify 3 that you are currently being harrassed by a debt collection agency called HFO regards a debt you allegedly owe 3. STATE that you do NOT owe any debt to 3 and given that HFO appear to be acting on behalf of 3 you request that:

(a) 3 immediately confirms if it has instructed HFO to collect a debt on behalf of 3. If so, 3 should immediately instruct HFO to cease ALL debt collection actions

(b) 3 provides full details of the alleged debt (amount and what this figure comprises (line rental, call charges, dates etc), date the debt was allegedkly incurred, dates and means by which notified you of the debt)

© 3 provides you with details of the information supplied to HFO

(d) 3 acknowledges receipt of your email within one working day.

 

Also, advise 3 that you consider 3 to be the data controller in respect of the debt collection actions carried out by HFO in the pursuit of the alleged debt, and so consider 3 responsible and liable for the actions and failures of HFO. Explain that you consider that has breached the Data Protection Act 1998 by inaccurately recording your personal data and that you intend to report matters to the Office of the Information Commissioner pending their reply. Also state that you consider 3 to be in breach of General Condition 13 of the Communications Act 2003 regards the Non-Payment of Bills (the GC requires a Communications Provider to ensure that any measures taken to 'effect payment shall be proportionate (among other things)

 

You should detail the communications made by HFO (threats, failure to provide information etc).

 

Explain further that you consider that the actions of HFO in your specific case, breach:

- Section 40 of the Administration of Justice Act 1970 which provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

- Section 1 of the Malicious Communications Act 1988 which makes it an offence to send letters which convey a threat or false information with intent to cause distress or anxiety

- Section 127(2) of the Communications Act 2003 which makes it an offence to persistently make us of public communications network for the purpose of causing annoyance, inconvenience or needless anxiety to another

- the OFT guidance on debt collection

- the Information Commissioner's Guidance on Debt Tracing and Collection

 

I hope this helps - it should certainly make the company respond

[kasper]

Thank you for the reply tadg.

 

i have put together a decent email and will post it up on here later on so you can have a read.

[olliegucci]

hi my partner had a call today on My phone saying he had to pay £90 by tomorrow morning or face court....

he asked if he could have a payment plan to pay cash when he was told NO and had to pay by credit card... neiher of us have credit cards which we did tell them

Now they are constantley ringing ..we would pay the bill if we had some payment slip to pay with but they are not listenig.

I have done a cca letter and also atelephone harrasment letter ready to send tomorow what else can i do??????? PLEASE HELP!!!!!!!

[tadg]

Don't pay unless you do owe the debt. Without any background info it is hard for me to advise but if you do not owe the debt then I would suggest you email 3's data protection officer, CEO and CFO as above and explain why you do not owe the debt - ask that they immediately suspend any debt collections actions, call off the DCA and investigate the alleged debt. Also advise that you intend to report the matter to the Information Commissioner's office.

 

You say today's call was received on your phone - did the DCA speak with you at all and did they mention the dent owed by your partner?

[Bazooka Boo]

As Tadg says, don't part with a penny until or unless you know you owe the amount in question. If you are positive you don't owe them anything, then try not to worry. No bailiffs or doorstep collectors will call, they won't be able to break into your home, you will not be thrown in jail, you cannot be arrested, they can't take your car, or any possessions, until that is they have taken you to court! If it is a landline they are calling you on, and they fail to adhere to the harassment warning, speak with your phone provider and tell them that you are recieving harassing phone calls from whatever number and they will intercept your phone calls if someone should call from that number. Alternatively, you can always answer the phone let them answer, and repeat to them 'everything in writing' everything in writng' until either you or they put the phone down.

When you begin to get confident and can record your phone calls (truecall) play them at their own game, take them for a walk up the garden path.

Do not worry about the threats they may make on the phone, if they were 100% serious about carrying out those threats (death-torture-finger nail pulling) they would knock on your door and tell you face to face! But they won't and don't do that because they know it is them that will be in the dock!!

[scouemonk]

hi i have sent three letters to 3g at there so called customer care centre. i have had 4 phone calls in two days, they ask for there money and i have told them that when i get a reply from customer care i will deal with it in writing. i have been with them for over 10yrs, and i asked them about being a long standing customer, and i want replies to my letters, and no phone calls. so it looks like a long road for me, and 3g if i give them half of what i have left after my living expenses, and other things, i dont know can anybody tell me what half of nothing is. scousemonk

[tadg]

scouemonk,

 

did you contact 3's data protection officer? Customer services are not geared to handling debt complaints of data protection related matters. Email [email protected]

[Bazooka Boo]

Scousemonk you should start your own thread and not hijack someone else's.

However.

3G UK couldn't care less about how long you have been lining their pockets for, I fail to see why people enter into mobile phone contracts any more, it is much easier to go PAYG.

If it were me in your shoes, I would get another mobile provider, maybe then 3G will start taking you seriously, actually no that's a joke, but they might begin to listen to you.

You need to start their internal complaints procedure, because without having gone through the whole complaints process with 3G then no-one else will be willing to look into your complaint.

So you should send them a letter clearly marked 'FORMAL COMPLAINT' and ask for their complaints procedure by return of post.

I'm assuming that they are calling you on your mobile and not your land line?

Again It's your choice to answer these calls, but it is strongly recommended you don't, if you do then all you need to tell them is 'everything in writing'

[buzby]

'Lining their pockets'...? Emotive stuff - they've only 'fluff' in their pockets as their network investment program has yet to allow them to be cash positive. (They've not made a profit, in other words).

 

3G is a technology. All networks have it - including Hutchison Three UK.

 

If I was in the OP's shoes - I just wouldn't get a mobile contract. PAYG offers the security of knowing you are not contracted and have no worries of having your credit file mangled.

[kasper]

Easy ppl how are you?

Well I thought it was time I updated you all

I sent around 7 letters to HFO and 5 email + letters to 3G. Not one of the letters/emails was replied to. However HFO have stopped pursuing the debt, but they have sold it on to another company called ROXBURGHE Debt collectors. They have also started there so called “litigation process” lol.

 

I just wanted to say this is one big **** take by the debt companies. I am just going to leave it now and not bother going through all this again.

 

would like to say thanks to all the help and advise given on here.

Thanks

kasper

[chancer1]

Roxburge and HFo are the samme company owned by the same person - he also owns a 'supposed' firm of solicitors. If you search on here for Roxburghe UK ltd, I'm sure you will find some interesting reads.