£86 phone bill debt becomes £766 in 4yrs. Is this fair?

[julius]

Make a complaint to the ICO, they should have passed the request on to the relevant department. https://www.ico.gov.uk/Global/contact_us.aspx

 

 

Thanks for all the help so far Cerberusalert. I was reading on the ICO page and the part that Istly says Before you complain to us

First, tell the organisation concerned and give it an opportunity to put things right. , should I write back to 3G and inform them that I am now making a complaint to the ICO? It is now 42days since I sent out the subject access. The last letter I received from 3G was the one where they stated that I need to contact their Data Protection Officer. They also mention that the accnt was passed over to HFO and that if I have any questions I should contact them. They haven't returned my £10 postal order as yet and I just wrote to royal mail to find out if this has been cashed.

 

So going from here, say 3G is in breach of the subject access I sent them, what happens next? Roxburge now has this account? How does this help my case? Do I write to 3G letting them know that I am complaining to the ICO or do I just do the letter of compliant to ICO? I am a bit all over the place as to where to go from here and what direction I am heading towards.

Again, thank you for the help.

[cerberusalert]

You don't need to as the 40 day period has elapsed, just go straight to the ico.

 

Did you send the 'Prove It' letter to Rox & if so have they responded?

[julius]

Oh, thanks. Yes I did send the "Prove It" to Rox and they did respond. They letter mentions that they have been seconded by HFO to chase and collect the monies due. They put the details of the account of which are different to what I believe to be correct. They mention the Contract start date, Disconnection date, Last amount paid and then says that "The above suggests that the contract was not fulfilled and their terms and conditions not adhered to. They also stated outstanding balance £473,90 charges £10, interest £265,48 Misc charges 17.62, outstanding £767. Then lastly telling me its in my best interst to settle this asap.

[julius]

Hi guys. Sorry, back again with this.

I got a phone call from Roxburge today( Haven't heard from them in more than 2months) who put me through to some other company of which they say they have bought the debt from Roxburge. I think it is Graham White solicitors. I spoke to a woman who insited, as they do, that I pay this debt or they are taking this to court. I explained that I had asked for information on this account from both 3 and Roxburge and this information has not been given to me. She went on again saying that all that she is seeing on the screen is what I should pay and what the courts will make me pay. I told her I that I still need the info on the account so I know what I am paying towards otherwise I will not pay.

She then got all cheeky on me and told me if that's what I am saying then they going to take it to court.

 

Now I had written to 3 to get info on the state of the account when they passed this onto the debt collectors but they were unable to provide this in the required time. They still have my £10 postal order as well. As advised I wrote to the ICO in March with concerns to 3, and have not yet heard a single thing back from them. Is this normal? What should I do about that???

 

Statue bared for this account will be October this year. (6years)

Could someone please elaborate statue bared to me as I am thinking this is possibly my way out of this? My last payment to this account was October 2004.

Hope this all makes sense.

[cerberusalert]

Get back to the ico and ask why they haven't responded to your complaint.

 

Do not speak to Rox on the 'phone other than to say you want everything in writing.

 

When you receive a letter from them threatening legal action send them this;

 

Their address

 

 

****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[cerberusalert]

Statute Barred means they cannot take any legal enforcement action against you if you have not made a payment or written acknowledgement of the debt for six years (five in Scotland).

[julius]

Cool, will do. Already feeling a bit more relaxed. Those phone calls just boil my blood up. Thanks again for the help:)