Lowlife against paid up contract

[Landy]

Some background. Years ago I took out a contract with 3G for a contract phone in 2006. I wanted to terminate the contract due to a change in circumstances.

After some negotiation with Roxburghe (UK) Ltd (collection agency) and later Direct Legal & Collections, strangely at yearly intervals we agreed a settlement of 50% discount which I paid.

But the yearly merry-go-round carried on for a few more years.

Today I have a letter (and several calls) from Lowlife demanding £64.87 for outstanding charges and line (mobile ?) rental plus early termination fee of £83.23 total £148.10.

Suggestions on how to end the merry-go-round please because it just keeps on passing round and feel the need for closure.

[dpick]

Hi Landy did you have any written correspondence from Roxburgh or from direct legal & collections, with regard to the agreed settlement.

If you have kept correspondence then simply write to lowlife's telling them to get lost the debt has been settled, don't give them any proof of that at this time save that for later.

 

Dpick

[Landy]

Kept all correspondence. Direct Legal made the offer but didn’t acknowledge the receipt of payment but I have proof that the cheque was cashed and have hear nothing since from them until Rox. Gave them the details and not heard from anyone since until today.

 

Same envelope a letter from 3G saying they have sold the debt and Lowlife asking for the money.

[Tingy]

I think you need to write to 3G reminding them that this debt was settled x years ago and enclosing all the proof you have. Ask them to call back the debt from the debt agency or you will take further action for demanding money when you have already settled the bill which amounts to extortion.

[nicklea]

Kept all correspondence. Direct Legal made the offer but didn’t acknowledge the receipt of payment but I have proof that the cheque was cashed and have hear nothing since from them until Rox. Gave them the details and not heard from anyone since until today.

 

Same envelope a letter from 3G saying they have sold the debt and Lowlife asking for the money.

 

You also have case law on your side as well.

 

The law in this area receieved some clarification a couple of years ago in Collier v P & MJ Wright Holdings.

 

The basic rule is that part-payment of a debt is not good consideration for a promise to forgo the balance (by the creditor). This is the common law rule from Pinnel's case and Foakes v Beer.

 

However, if a creditor voluntarily accepts an agreement for the debtor to pay part of the debt in lieu of the balance and the debtor pays it, promissory estoppel will prevent the creditor from going back for the full balance (Collier v P & MJ Wright Holdings):-

 

http://www.bailii.org/ew/cases/EWCA/Civ/2007/1329.html

[Landy]

Seems I will do a little digging over the hols and proper a suitable reply for them.

Thanks to all Ill keep you informed on my progress

[Bazooka Boo]

Lowlifes and their infamous 3g mobile phone debts.....clearly didn't learn the last time they were taken to the cleaners, OFT&TS is a MUST!

[NailPost]

If 3G have appointed collectors it may be that DLC or whoever may not have passed on the due amount. That's naughty and while that's of no concern to you, its a matter between 3G and the colleftor, you would have grounds to complain to Ofcom as well as OFT