BCW and 3G still at it

[DX101]

Hello everyone,

 

I'm very glad you're all here, it makes things much more entertaining in dealing with these people. I got a letter through from BCW from Lowell portfolio in reference to 3g a little while ago.

 

Initially I though "It's only £50, I'll just pay it off" then I thought about it and realised that I certainly don't owe 3g any money and even if I did I'm sure as hell not going to pay it without some kind of proof.

 

So I worried a bit, and googled a bit and ended up here which made me very happy. Suddenly threatening letters don't seem so threatening when you find out these idiots are absolutely powerless.

 

So I sent them a form letter saying "I don't acknowledge any debt, send me some proof or go away, any further letters without proof will be considered harrasment" etc. etc...

Kept a dated copy, attached recorded delivery slip and filed it.

 

Today I've received a letter saying

 

"...as the agreement in question is not covered by the Consumer Credit Act, this debt is still enforceable in the absence of the aforementioned document..."

 

Now, this strikes me as odd, can I really owe someone money with no documented agreement, or is this nonsense?

I would quite like to write back quoting some legal mumbo jumbo at them, if there is such a thing.

 

Many many thanks

DX101

[DX101]

Oh, and just for the record here is a copy of the letter I sent them:

 

Ref xxxxxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to either yourself or 3G Mobile.

 

I am 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 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 account unless you can provide evidence as to my liability for the debt in question.

 

I 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 look forward to your reply.

 

 

[cerberusalert]

You didn't ask for a CCA you asked for proof that a debt existed & they had the right to pursue.

 

This is typical of the Lowell Group, you may be better resending it in a format those cretins understand.......in crayon.

[DX101]

Ha,

 

Yes, you're right I did send a letter asking for any evidence of the debt.

I assume this is just a stock letter that they have on file.

 

But also, what kind of agreement, if any, is not covered by the Consumer Credit Act?

[cerberusalert]

Several are not covered i.e., gas & electric, telephone, mobiles etc.

[DX101]

Ah yes, just googled that. Thank you though.

 

But surely there is a legal requirement to provide proof of a debt before demanding payment?

[jeccapf]

I'm in exactly the same boat but a bit further on so I'll follow what happens in your thread and let you know what happens to mine

[DX101]

Update!

 

I ignored their last letter on the grounds that it wasn't the proof I asked for. They have sent me another letter, still no proof attached.

This new letter says (and please excuse the paraphrasing, I don't have it to hand):

 

"Since we have not heard from you it is clear you don't intend to settle this debt amicably"... therefore we're going to take you to court unless...

 

It also has a big red final notice on it and so on.

 

I think what I will do now is write a letter back saying that I asked for proof and still haven't had any and that since I had made it clear any new letters without proof would be treated as harrasment I will be reporting them to the OFT etc etc.

 

Has anyone sent these sorts of form letters before?

Any thoughts?

[cerberusalert]

Send the Leeds losers this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[babybear39]

Who's chasing the account now? Is BCW on behalf of lowlifes?

[DX101]

It is BCW on behalf of Lowell portfolio 1.

However it is not my debt in the first place.

[DX101]

Cerberus, that's the very letter I sent them in the first place.

They sent me a form letter back saying it was not a consumer credit act (irrelevant since I asked for any proof that the debt was mine).

[DX101]

given that they claim it is an agreement not regulated by the consumer credit act, do you think that I could succesfully edit the consumer credit act bits out of this:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

I'd like to indicate to them that they have failed to send me any proof of any kind of agreement and that they are now harrasing me unduly.

Anyone know where I stand legally on a non consumer credit act debt.

[discod]

given that they claim it is an agreement not regulated by the consumer credit act, do you think that I could succesfully edit the consumer credit act bits out of this:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

I'd like to indicate to them that they have failed to send me any proof of any kind of agreement and that they are now harrasing me unduly.

Anyone know where I stand legally on a non consumer credit act debt.

 

Im having the same problem,they wrote me and said its not covered by CCA so i wrote them back saying proof the debt is mine to which they sent back the same letter they sent to begin with.

Please let me know how you get on,mine is only for 38.00 but 3g are trying to bill me for a month of internet use i didnt have,i cancelled the account the day before renewal was supposed to happen.

[babybear39]

Lowlifes were featured on BBCs Watchdog programme some months ago for 'cocking up' 3G accounts.

 

Send the letter in post #9 to BCW and report lowlifes and BCW to TS and the OFT for chasing a debt which isn't yours.

[DX101]

To summarise:

 

I responded at first with the letter in post #9

They responded saying it wasn't CCA regulated.

I ignored that.

They wrote back with more threatening letters.

 

I fully intend now to complain to the OFT, but I could do with knowing more about non CCA agreements and what sort of thing they need to provide me for it to be legal, so that I can send my own scary legalese back at them.

[babybear39]

The letter in post #9 is not CCA specific.

 

The best way to sort this out is to SAR 3.

 

Tell BCW to **** *** as you are querying the account with the OC.

 

To complain to TS and the OFT you don't need any legalese as the complaint can go via consumer direct who will pass it to your TS, their TS and the OFT for you.