Lowell

[marlie]

Right My OH once has a mobile phone on a contract with Three network. He cannot remember when, how long for or what his phone number was. We are talking at least 4 years as he has been on orange since before he met me, as far as he was concerned everything was all paid for but he cannot be sure as it was so long ago.

 

I dont know exactly when the debt collection agencies started writing to him but the first I saw was the beginning of september 2011. He reckons they started writing at least 6 months prior to that.

 

The one in September was from Red Debt collection saying he owed over £100, a second letter arrived the day after saying he owed about £20, I noticed the accounts had two different acc numbers. There was no other Info on the letters to go on. I wrote to them on his behalf asking them to 1. Explain why there was 2 account numbers and the difference in amounts and 2. to send a copy of the original contracts as he didnt believe both debts to be his. We stated that he did not acknowlede either debt.

 

They wrote back saying that they were not obliged to send a copy of the orignial contacts as a mobile contract is not the same as a consumer credit agreement. We wrote back saying we would not corrospond further until they did.

 

They wrote back saying they were putting the account on hold until they had investigated. They then sent a copy of the last bill (back page) for THREE different accounts, the 3rd account totalling over £500 which had no information on other than his previous address, account number and phone number on it. They said they had done as requested and now we must pay or face legal action.

 

So again we wrote back saying we still hadn't recieved the original contracts and that the back page of the last bill for those accounts does not prove he is responsible for those debts. They didn't reply so we resent the letter.

 

They wrote again claiming that they had done all they were legally obliged to do and that we had to fill out a form stating what documents he had lost/had stolen and the crime number. We haven't reported anything to the police as yet as he doesn't know anything has been lost/stolen? They did however provide a tiny bit more information on the accounts.

 

Account one: opened Aug 05, last payment recieved Oct 2006 to Three mobile. Amount outstanding is purely airtime based.

 

Account two: Opened same date, last payment to Three mobile Oct 2006. Last payment to us June 2011. amount oustanding is usuage based. This is apparently a 18 month contract but the payments stopped at 14 months in.

 

Account three: Connected 10 days before final payment to three mobile on the other 2 accounts. amount outstanding is purely airtime based.

 

My partner say's he has never had two mobile phones at one time, nor would he run up such high bills. Also he doesn't recognise any of the phone numbers. These accounts are just before he spilit with his ex wife (still legally married as cant afford divorce) He suspects they may be to do with her but we don't see how we can go about proving he has been the victim of fraud.

 

We have tried ringing three directly but every time we do we are told their systems are down.

[BRIGADIER2JCS]

The company is right these are

service contracts not credit agreements

regulated by CCA '74.

To get to the bottom of this I think

you may need to do a subject access

request to the phone company,

this has a statutory fee of £10 and they

have 40 days to comply.

There is a template in the CAG library.

[marlie]

I get that its not a credit agreement already. I just thought it should be down to them to prove we owe the money. TBH we really don't even have £10 to spare everything we have goes on rent, gas, electric,child maintanence etc no luxeries whatsoever not even a tv

[Bazooka Boo]

IMO, I wouldn't do anything at the minute, has he checked his credit file to see if there is actually anything on there that refers to these debts?

 

Stay OFF the phone as well, you won't have any record of what has been said should you need it.

 

If the last payments were in 2006, then you really have to ask yourself why they have waited for almost 6 years before trying to get money?

Besides if the last payments were in Oct 06, then they will become time barred this October and they won't be able to do a thing.

 

Keep in the fore front of your mind, that this Lowell DCA is nothing more than an inept outfit that has NO legal powers whatsoever, they are most certainly NOT bailiffs, and any notion of going to court for a Mobile phone debt can be forgotten, I've yet to hear of any such case ever being brought before the courts.