problem with old 3G contract

[edward42]

i stupidly took out a 3G contract in jan 2005[12 month contract] when it was near the end,i spoke to them over the phone to give them my 30 day notice to end the contract.then from feb/march they still kept sending me bills for airtime.i phoned and complained,they said they would investigate.heard nothing til 22/6/2005 when i got a letter from wescot dca demanding £128.50.i phoned and explained i was in dispute over this alleged debt.got a response by post from wescot dca on 09/08/2005 saying they would investigate my complaint.i phoned wescot about a month later to find out what was happening.they told me they had sent the debt back to 3G.

I heard nothing more of this until i checked my credit report and found it has now been passed onto some company called HFO services,who have posted a default on my cra file saying i've defaulted for the last 8 months.

i've never had any contact from HFO or from 3G informing me they had passed it on.now i've found i can't get any additional funds on my mortgage because of this.

PLEASE CAN SOMEONE HELP/ADVISE ME as to what i can do?

thanks:-?

[Guest Old_andrew2018]

Bump

[locutus]

Complex one this, normally you have the CCA to back you up. This may be an interesting read :-

 

CreditExpert.co.uk

 

 

Also, 3 (three) should be the only people that can put the marker on your credit file, as they are the people you had an agreement with.

[dx100uk]

unless you made an arrangement to pay [which you did not]

you can only be defaulted ONCE for any debt that does not change.

 

so, if these markers are are defaults then they need to be removed

 

follow the link/route given.

 

i'd also be incline to fire off the deny any knowledge of this debt' letter.

 

oh and PS stop using the phone, demand everything in writing.

 

 

 

 

dx

[buzby]

Challenge the accuracy of the defaults NOT placed on your account by 3UK. You have to have entered into an arrangement with the other firm, and them taking the debt from 3UK does not permit them to alter your file.

 

There is always the chance this is NOT the 3UK debt but another, so ask them to provide substantiation for their filing of defaults, and in the absence of this ask for removal in 28 days, or you'll take it to the ICO.

Edited October 11, 2009 by buzby

[edward42]

thanks to all for the advice,i'm working on it.

[edward42]

can anyone help explain to me about something called statute barred?

[locutus]

Well, as you've typed it it becomes a link that give a bit more info... I'll just pop that here for easy reading

 

 

In principle, a debt cannot be enforced after 6 years from the date upon which it became due.

The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.

Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.

The relevant law is contained within the Limitation Act 1980.

 

In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money.

For bank charges claims you can claim as far back as 1st Jan 1995.

[banker_bater]

Dear Edward - did you know cancelling a contract with 3 is a very common problem?:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/225390-3g-lowells-debts-yes-new-post.html

 

I am currently trying to figure out how best to tackle this myself

[buzby]

Did you know cncelling ANY mobile contract is a common problem? I dont think there is one network that has not had the same complaints levied at it as some time or other,

 

What you need to ask yourself is this; Why do I need a mobile contract? Once you realise you do not, life gets much simpler.

[edward42]

it'sbeen a while and i aint made much progress.anyway i now find this 'debt' has been passed to some company called roxburghe[again without any corespondence to myself]had a letter from them saying hfo had passed it onto them to collect and that i must now pay £208.11.immediatly!they sent me a statement from 3 from which i worked out what i already knew,i only owed £69.80,but 3 were very unwilling to send me a bill for that amount,which is what i requested.what do i do now? help

[buzby]

There's no requirement for them to send another 'bill' - only that they confirm your are required to pay them what they say is outstanding. (I'm assuming you mislaid the original bill they send back then). As you are not disputing the charge, you need to decide what you want to do.

 

Whether you pay or whether you do not, the marker will stay on your credit file regardless, and your only negotiating ploy is to get 3UK to agree to remove the default IF you pay in full. They may, or may not agree to this.

 

Finally, they do not have to advise you when passing your file out for collection to a third party firm. It is a courtesy, not a requirement.

[edward42]

3 will not have any dealings with this anymore,and it was hfo who put the defaults on my credit file.3 just keep refering me to hfo.i never had any dealings by mail or otherwise with hfo.i gather that roxburghe are part of hfo too?

[buzby]

Interesting. Did you ever have any agreement with HFO?

 

Irrespective of whether they are acting on 3UK's or their own behalf, they are not allowed to affect your credit file. I'd suggest that you contact them by Recorded Delivery, referring to the entry on your file and giving them 28 days to remove it. If they do not, you will instigate a formal complaint to the ICO, and seek damages from them if your request is not complied with immediately.

[edward42]

never had no agreement with hfo or any contact with them. should it have been 3 who had any right to put defaults an my credit file?the letter from roxburghe implies that hfo passed the debt onto them to "chase".my original contract started with 3 in jan 2004 and i gave my notice verbally and in writing in dec 2004,but they kept billing me for months after,that is where their final bill for £118 came from.which i disputed with 3 then.

[buzby]

I can't help with the original problem, if you cannot back up your claim of giving notice, then you are on a loser as they have contract law on their side.

 

However, you only gave 3UK permission to disclose your financial dealings with them, nobody else, which is why HFO are not permitted to do anything. So, if 3UK don;t default you - nobody else can either (for the same debt) it doesn;t matter whether they sell it on or not, YOUR rights to data privacy are not assignable in the same way.

[edward42]

thanks for all your help,i'll see what i can do.cheers. ps i think i've still got a copy of my written notice.

Edited January 27, 2010 by edward42