old 3g contract

[davethecabbie]

i hope someone can advise me on this problem with a debt collection company.

in july 2003 my daughter took out a pay monthly contract with 3.she had problems with the sim card playing up,so she contacted 3 about the problem.she was told to throw the sim card away and they would issue a new one which she did and this was in sept 2003.she started to use the new sim card without any problems until 3 started to send her two bills,one for the old sim card and one for the new one.she contacted 3 about this on more than one occassion and continued just to pay the monthly payments on the new sim contract until it came to an end.

she has now been contacted by a debt collection agency and they say they have bought the debt off of 3 for all the missed payments for the line rental for the sim that she was told to throw away and she never used.

this comes to over £400 the debt collecters say that this is now in the hands of a solicitor and if she doesnt settle the account she will have to go to court and possibley get a ccj.she is really upset about this as she has a ccj due to come off of her credit record and fears a another one would damage her chances of getting another mortgage.in desperation she made a payment and agree to pay the rest over a six month period which she can ill afford.

i have said not to make anymore payments yet as i think this matter falls into the 1980 limitation act as this all happened over 6 years ago.i hope someone can help as this seems so unfair as it should be obvious to all concerned that the original sim card was never used to make a call after she received the new one.

[Conniff]

Because of the time period I would personally be inclined to tell them how stupid they were to buy a statute barred debt.

 

You should ask them for the paperwork to show she owes anything to them. Don't sar, that will cost a tenner and isn't required. They cannot just bill her without showing that she owes it.

 

If she writes, mention the limitations act.

[Mr lex]

Hi Dave,

 

I'm guessing this is Lowell, MacHall or Red. Their all the same company anyway. As Conniff has so rightly said, ask them to prove it.

 

Lex

[davethecabbie]

the debt collection agency are called roxburghe who are acting for h.s.o ltd who actually bought the debt,has anyone heard of these firms?

[Conniff]

Just have a look at the section below this one 'Debt Action Group' they are mentioned countless times.

 

In fact it might be a good idea to get your thread transfered to that section as they know more how to deal with them down there.

 

If you want it moved, just click on the 'red triangle' to the left and put your request in the box that opens, the moderator will do the rest.

[Mr lex]

Good call Conniff,

 

I'll move it now

 

Lex

[Conniff]

That's better, thanks Lex.

 

Have a read of this thread Dave - it is the same as you are having.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/250417-roxburghe-via-hfo-demanding.html

 

and this one

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

Edited March 5, 2010 by Conniff

[davethecabbie]

well it looks like they are trying it on with a lot of people.will it make any difference that my daughter has made a payment out of fear.will this be seen as an admission of guilt albeit under intimidation.

[unclebulgaria67]

Was the debt statute barred at the time your daughter made the payment ?

 

Statute barred means 6 years from the date of default, without any payment or acknowledgement of the debt or a CCJ being obtained.

 

If your daughter made the payment when the debt was not statute barred unless she succeeded in making a complaint through trading standards/FOS, the creditors can legally request payment and try to enforce in court.

 

If the debt was statute barred, she does not have to make any further payments. But she won't get the payment back, unless she is successful with a complaint.

 

If your daughter is uncertain about this, she really needs to get hold of the last statement from 3G. She could make a Subject Access Request to them. She could also check her credit record with Experian and Equifax to see if anything is noted.

 

If your daughter receives any phone calls or letters in the meantime, she should tell them she will only deal with the matter in writing and then only if a statement from 3G is provided confirming the debt. If the matter is statute barred they should cease to make contact or risk the consequences of this being reported to the OFT.

[davethecabbie]

the debt appears to be statute barred as she has had no communication nor made any payments until she received the telephone call today.it seems that the only problem that might crop up is the fact that she made the payment on her credit card and they have her details to take further payments as arranged.i think she is going to cancel the card so that no further payments can be made.i am not sure where she stands with this.

[unclebulgaria67]

Your daughter may have difficulty. Even if she cancelled the credit card, the credit card company may allow payments. So when she cancels she needs to make sure she follows up in writing (recorded delivery) with details of what has happened and that she will not accept any liability for amounts that are processed following the cancellation of the card.

 

She really needs to make a complaint about the debt company. Perhaps contact consumer direct and look to see if trading standards may be prepared to follow up.

[davethecabbie]

thanks for your help everyone i will let her know and keep updating the thread as we go along.i would love to get one over on these people.