Alleged *3* debt-Have we got the set yet !!

[Mr's Lex]

Hi to you all,

 

I have an alleged debt with Three Mobile thats over four years old. I know this account was clear before I moved to O2. The first I knew about it was back in December when I received a letter from Lowell's claiming they now held the debt for the sum of £11.20. I sent a 'Prove it' letter and heard no more about it. Next came a letter from MacKenzie Hall. (you can see where this is going) Another *Prove it* letter and again no reply. Next up was Buchanan, Clark and Wells, signed by all three of them !! another *Prove it* letter and yet again, no response. Today a letter turns up from 'Red' via Lowell's, saying they now own the debt. So off goes another *Prove it* letter, unless anyone knows of something stronger ??

 

Many thanks for reading this.

 

Mrs Lex

[sam614]

£11.20:eek:

FFS.

 

love to know how many pennies they would offer for f&f

IGNORE the desperate fools.

 

SAM:pLOWELL DETESTER

[buzby]

When you don't respond they take it that you accept their claim and it all kicks into high gear. The trouble you have is when you dispute the charge, the enforcement stops, but the data is not removed. The only way to do this before the time-limit on collection is reached, is to take the matter p with 3UK directly. It might also be worth checking to see if the debt has been sold on, as you'll need them to tell whoever they sold the debt on to, that it is invalid.

[Mr lex]

Hi Raymond,

 

Thanks for your input, as far as my wife is aware there has not been any negative input on her credit file. The last letter she received stated that the alleged debt had been sold to Lowell's, and now Red have been 'appointed' to collect. This is after letters from those DCA's listed in her post. I will get her to write to '3' as well as Red.

 

Cheers,

 

Lex

[42man]

I would write a strong letter to the Chairman of the phone company, stating that in no uncertain terms they remove the default information, explain that you have been wrongly pursued by the various DCA's for this non existant debt....and that they have a duty for their own suppliers too. If they fail to respond within 14 days you will issue a LETTER BEFORE ACTION and pursue this through the courts....a complaint to the OFT too wouldn't go amiss....Do you have any correspondence to state that the account was cleared ? If this is causing you trouble then a SAR might reveal some interesting information, i'd send this to Three, also check your credit files too.....

[42man]

Apologies Mr L !!! just read your post, send the letter to Three and CC it to the Chairman Red/Lowells....you can potenitally sue them if any default information has been placed incorrectly !!!

Edited May 5, 2009 by 42man
typo error

[buzby]

I'm a firm believer that you never copy the CRA monkeys into a conversation. It gives them too much information and may erroneously give the impression you care about their involvement.

 

With nothing on the Mrs credit file, she'll be safe from any subsequent hit - and the CRAs don't have the power to add to it themselves. If 3UK have indeed sold the debt on, alleged or otherwise, you clearly need to review the information as you have no recollection of any debt outstanding to the client company.

 

So, you ask them for this - and to the CRA a bland, "in dispute" and you are dealing direct with the organ grinder. Therefore, you will not be opening s new channel of communications with a third party. Refer them to their client, as you are unable to help them with their enquiries.

[Mr lex]

Cheers guys,

 

First up is to get her to check her credit report and just make sure she hasn't missed anything (I am sure she hasn't) Then a 'Prove it' to Red and a 'Prove it with theats of court action' to 3UK.

 

I'll get her to post the letters up here for your comments.

 

Lex

[Mr lex]

On another point, we don't seem to have contact details up in this forum for 3UK, do we need it and if so if someone can post Address's, Phone numbers and any emails they have, I'll make it a 'sticky'

 

Lex

[buzby]

I should urge caution regarding threatening 3UK with legal action. I agree that this is simply retalitory, but is kinda pointless and will reduce your just rebiuttal to nothing more than a rant. There's no harassment, they donlt owe you money and you cannot arbitrarily make a charge and try to get them to recompense you. Keep it simple, it often pays dividends.

 

 

As to their address, they do publish it everywhere;

 

3 Customer Services

Hutchison 3G UK Ltd

PO Box 333

123 St Vincent Street

GLASGOW G2 9AG

Edited May 16, 2009 by Mr lex
Copying details

[tadg]

I agree with Buzby .. don't rant and threaten at this stage ..

 

Contact 3Uk's data protection officer by emailing or writing to them at:

[email protected] or the Data Protection and Privacy Officer, Hutchison 3G UK Limited, Star House, 20 Grenfell Road, Maidenhead, Berks SL6 1EH

 

You can call 3's switchboard on 01628 765000 and ask to be put through to the Data Protection Officer

 

Explain the situation, disoute the debt and any sale of the debt to a 3rd party ... ask them investigate and suspend all collections actions ......

[Mr lex]

A responce from Red.

 

Thank you for your e-mail.

 

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

 

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies

 

What I can guarantee is that your enquiry is being dealt with and you have no need to e-mail again.

 

If you want to speak to someone in our Customer Service team then please do not hesitate to call on 0844 844 4722

 

 

OK, it was writen by a robot. One thing she won't be doing is ringing them !!!! Nothing from '3' yet, I'll up date as we go along.

[Brightness]

After all the 'prove it' letters you have sent I think it's time to go to Consumer Direct 08454 04 05 06 I did this yesterday about 3 and they will advise what to do next.

 

In my case they referred me to the OFT who gave me a reference number and said to call Otelo (the communications ombudsman) they also gave me a reference number and said to call 3 Executive and gave me their number and told me to quote the ref number.

 

The guy was actually an English speaker based in Glasgow (miracles) and he promised to do his best to sort things out for me. Today I got a call back from him saying everything was sorted, 3 were in the wrong and they would be refunding everything we'd paid since december as well as getting an apology in writing from 3. My case was slightly different but I would still ring consumerdirect and see what they say.

 

Good luck :~)

[postggj]

the general prob is 3g and lowell

 

these phantom small debts are cropping up all over the place years later and no body at 3 or lowells know any thing about them

 

it stinks

 

small debt and get a default

[tadg]

I would urge you to contact 3's data protection officer ASAP and not deal with customer services (who are not trained to handle these types of complaints). alternatively email the [email protected] or the chief finance office [email protected] and ask him to investigate (as he is ulitmately responsible for the credit and debt collection strategy and policy).

[postggj]

great advice tadg

 

scales clicked

[alan finlay]

Hi there,

I am currently in dispute with Hutchison 3G regarding their refusal to refund unused sim credit which I know is a different issue but can I just say that the contact info for 3 on these threads was really helpful. I wish you well and will update you re my fight.

[Mr lex]

I would urge you to contact 3's data protection officer ASAP and not deal with customer services (who are not trained to handle these types of complaints). alternatively email the [email protected] or the chief finance office [email protected] and ask him to investigate (as he is ulitmately responsible for the credit and debt collection strategy and policy).

 

Thank you tadg,

 

I took your advise from your earlier post and we sent an email to '3's Data Protection Officer. I'll give it a few more days then start on the rest of your list.

 

I would gladdly give you a 'tickle' but for some reason the rep button won't work for me, I'll get webby on it and catch you again.

 

Thats a very useful list of contacts, I'll add it to the 'Stickys'

 

Cheers

 

Lex

Edited May 16, 2009 by Mr lex

[Mr lex]

Good luck with yours Alan, do keep us informed.

 

Lex

[buzby]

Incidentally, there's no credit physically on a 'SIM' - the credit levels are stored on a server, which allows the SIM to make calls or block it if the credit is low. That said, there is no obligation on the network (according to the T&C's) to refund money used as credit on PAYG handsets.

 

This is because it quickly became a way to 'launder' money - load an account, then get a credit back to a different payment method. Some networks will only credit a new SIM account, NOT return the cash equivalent.

[Mr lex]

Update,

 

This letter has been sent to *3* Red and Lowells. Mr's Lex nicked it from 42man.

 

Dear Sirs,

 

 

Following your email copied below:

 

Thank you for your e-mail

We are currently looking into your enquiry and will respond to you as soon as possible. Please be assured we will try to answer and resolve your query at our earliest convenience.

 

Unfortunately I am unable to give you an exact date as to when this will be as our enquiries can take time, as we often have to retrieve information from the original client or external bodies.

 

What I can guarantee is that your enquiry is being dealt with and you have no need to e-mail again.

 

If you want to speak to someone in our Customer Service team then please do not hesitate to call on 0844 844 4722

 

 

 

I have today received an extremely threatening letter from yourselves, which I trust was sent in error?

 

My response is as follows:

 

Dear sir/madam

 

Further to your recent communication, I write with great concern regarding '3G Mobile' behaviour and the subsequent harrassment.

 

You state that I am indebted to your company to the sum of £11.08 I can categorically state that this account was cleared by virtue of a direct debit to 3G Mobile prior to me transferring my account to O2. Indeed, 3G have asked me to return to their network on many occasions - why would they do that if I had an outstanding debt?

 

Should you wish to/or are able to supply me with an invoice number and the date of the alleged default I will happily instruct my bank to delve into their archives and provide a copy statement to prove this 'alleged' debt was paid - if it ever existed, which I seriously disbelieve.

 

Please note that I am fully aware of the Office Of Fair Trading's guidelines on debt collection in line with CPUTR2008, I am (as I am sure you are) also aware of the recent case of Ferguson vs British Gas which in basic terms stated that it is unlawful (and possibly criminal) to harass somebody either verbally or in writing when no money is owed.

 

 

Your letter has obviously caused me a great deal of unnecessary concern,and worry, resulting in me having to take third party advice, undergo law and internet research, and take time out from my employment.

 

If this matter persists - without proof of the 'alleged' debt, I will be forced to take the liberty of charging you the sum of £15 per response, which I will add to my costs against yourselves.

 

Also please note that if it becomes apparent that any adverse default information has been placed on my files, I will in no uncertain terms, take immediate action in the courts. You may also be aware of Durkin Vs DSG?

 

I now require in writing your company's official complaints procedures within 12 days, confirmation that no further action will be taken and an apology from both corresponding Managing Directors of your companies.

 

Please note that any further correspondence from myself will result in your company being charged a further £15 per letter/email correspondence.

 

I would also point out that I intend to maintain my legal right and if necessary, file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading - including Otelo, Information Commissioners Office, Gareth Thomas (Undersecretary Of State For Trade And Consumer Affairs), my local MP and possible court action, including the High Court.

 

I trust this outlines my position very clearly.

 

Yours faithfully

 

[Mr's Lex]

Hi everyone,

 

After sending the above letter to *3* and Red Collections, I received the following reply from 3G :-

 

Dear Mrs Lex,

Re: Account **********

I am writing in response to your recent communication and the concerns you have raised regarding the contact you have received from a Debt Collection agency. Please accept my apologies for any frustrations you may have experienced during your recent dealings with us.

As subsequently confirmed, I have now cleared the outstanding balance from your closed account with 3, account as a gesture of goodwill. This will prevent any further communication regarding this account.

Our Consumer Credit department has been instructed to remove any negative entries, applied to your credit file as a result of this account However, Credit Reference agencies can take upto 28 days to amend their records.

Should you wish to discuss this matter further, please contact me at the Executive Office on 08707 330295. Our business hours are 9am until 6.3Opm, Monday to Friday.

Thank you for bringing your concerns to my attention and I trust that my actions will meet with your approval.

Yours sincerely,

Rochelle Findlay, 3. Executive Office

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

I'll check my credit file in 28 days and make sure they have !!.

 

Mrs Lex

[tadg]

I would urge to write to the Data Protection Officer at H3G, and ask her to investigate this matter, explain how the debt was passed to the DCA, explain the processing errors and customer service failures and confirm precisely what she has done to prevent such errors occurring again. I would also urge to to file a complaint online with the ICO and ask them to make an assessment as to whether the processing in question breached the DPA.

 

You need a better response that the one received

[Mr's Lex]

Back again

 

I have just had this letter from RED,

 

RED DEBT COLLECTION SERVICES

P0 Box 203

Leeds

LS11 1BG

Our Ref:

Original Creditor:

3G Mobile

We thank you for your email of 18 May 2009 and apologise for the delay in our response.

Our standard procedure is to place our collection activities on hold while customer queries are being

investigated. It appears however that due to an administrative backlog your previous email received on 15th May 2009 was not processed until 30 May 2009 which resulted in the letter you received on the l8th May 2009 being sent to you in error. Please accept our sincere apologies for this oversight.

We have been advised by 3G that they cancel direct debit instructions when notice of cancellation is received, requiring the final bill to be paid by alternative methods, and we had requested copy statements from them to see if this had been the case.

However, under the circumstances and as a gesture of goodwill we have decided not to pursue the matter further and have now closed the account down on our system. A request will also be sent to the relevant credit reference agencies instructing any registered defaults to be removed:

We trust you will find this agreeable and apologise again for any inconvenience caused.

Yours sincerely

******* ********* Customer Services

For your security calls may be recorded for training and monitoring purposes.

Registered Office: Enterprise House, 1 Apex View, Leeds LSI 1 9BH.

Red Debt Collection Services is a trading style of Lowell Financial Ltd, a company registered in England and Wales under Company Reg No: 45b893€. c Consumer Credit Licence No: 528607.

L2RDEF

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

 

I would just like to take time and say a big thank you to everyone that has contributed to my thread, you have all been a great help and support over a stupid amount of money. I wonder how many people have just paid this type of 'Demand'. There seems to be a few on these forums.

Thank you all

Mrs Lex

[maroondevo52]

Hi, Mrs

 

Good stuff, well done

 

First time I've noticed this thread

 

Regards.

 

Scott.