help with red/lowell/hamptons debt

[hsemrm]

I have been having some trouble with a past debt from 3 mobile,

 

I have looked through lots of threads to find out what to do, however most of the advice has gone over my head.

 

The original debt was with 3 mobile 5/6 years ago for a cancelled contract and was sorted with Moorcroft (who I believe are 3's in-house comapny?)

 

This was paid off

 

however some time later I was contacted by red/lowell saying I owed a greater amount of money and they wanted paying.

 

I refused to accept that owed anything, asked them to prove it (which they didn't) and proceeded to ignore the ensuing bombardment of calls and texts.

 

This has gone on for a while, with them at some point finding out my address and then beginning to send lovely letters as well.

 

On the incredibly rare occassions I have decided to speak to them I have asked for proof of the debt which I haven't received and have continued to ignore them.

 

Recently Hamptons came on to the scene and then 10 days ago I received a letter regarding them persuaing a CCj.

 

Whether wisely or not, I emailed them today continuing to deny acceptance of the debt and to ask for proof of both the supposed debt and the supposed charges.

 

The original debt I was believe was for around £80 (paid off) and the current sum is in the region of £370.

 

I was hoping that someone may be able to provide some idiot proof advice (and I mean idiot-proof) to me regarding this matter.

 

Sorry for the long post but thought it best to give as much information as possible.

Cheers, Josh

Edited April 12, 2012 by citizenB
formatted for easier reading

[BRIGADIER2JCS]

Is this alleged debt on your credit files?

Can you work out when the last payment

was made.

Moorcroft are an independent DCA , Hamptons

are another desk at Lowell.

Have you any evidence of the payment?

 

Apologies Wellcome to CAG.

[citizenB]

Hi,

 

Your thread is a little "muddled" shall we say..

 

If I understand your query..

 

You had a contract with Tmobile - as far as you are concerned this was paid.

 

Can you remember how long ago it was that you did pay this ?

 

You are now saying that they are pursuing a CCJ ? Have they actually issued a court claim if so when. Or does the communication simply advise that they will seeking a County Court Judgment against you ?

[BRIGADIER2JCS]

Just noticed a key slip do you mean 3 mobile??

[hsemrm]

The debt to 3 mobile was roughly 5/6 years, 4 house moves and 1 burglary ago, so unfortunately it's hard for me to find the proof of payment. It's likely that I still have the bank statement which shows the payment and it was paid off in one go, though I doubt this is much help.

I haven't/don't know how to check my credit files, I tried to a couple of years ago relating to this debt but got really confused.

The communication was just advising that they may seek a county court judgement.

 

Cheers for the help.

[42man]

Have you tried sending a SAR (Subject Access Request) to the mobile company ? It will cost £10 but it may be £10 well spent....

[hsemrm]

I haven't as I don't know what it is. Money's a bit tight even for £10, though if you think that it'll help then it may be worth me checking down the back of the sofa for some change to get one.

[citizenB]

Follow 42man's advice and send off the SAR request.

 

If they do issue a claim.. then come back and let us know immediately.

 

Sorry, I probably messed up with the company.. is it 3 mobile or T mobile.. you had a £ sign.. I just assumed it was meant to be a T.

 

[citizenB]

I haven't as I don't know what it is. Money's a bit tight even for £10, though if you think that it'll help then it may be worth me checking down the back of the sofa for some change to get one.

 

 

It is a request for information... all the data that the company has on you (the orignal creditor). If you are unable to afford this.. then you could simply wait until they make their next move or even issue a claim.. when you would then be able to ask them to provide information regarding the last payment. However, at that stage, you will be required to send all communication by way of Recorded/Special delivery in order to meet court deadlines and of course proving that it was sent and received.

 

If you truly believe the account could be statute barred by way of non payment/admittance of liability for more than 6 years, then send the "Statute Barred" letter from the CAG library and let them prove otherwise.

 

HTH

[hsemrm]

Sorry, it was 3 mobile, I'm a sloppy typer. With the SAR request, I'm presuming that along with a slight re-jig of the wording to relate to a phone company not a bank, I leave out the section on the returning of the £10 fee, as it wasn't their fault I went into debt. Also, is it a postal order/cheque/bankers draught/pennies that I send to them?

[BRIGADIER2JCS]

Hi yes edit the template to suit your case.

For a SAR a cheque is fine and certainly

cheaper than a postal order these days.

Get free proof of posting.

[hsemrm]

Ok, cheers. I wasn't aware of the statute barred(?) thingy. Does that basically mean that if it was paid (which it was) and I refuse to admit that I owe any more (which I do) for 6 years then the debt becomes in effect null and void? If it does then it would be wise to find out the exact date of the payment?

[citizenB]

Ok, cheers. I wasn't aware of the statute barred(?) thingy. Does that basically mean that if it was paid (which it was) and I refuse to admit that I owe any more (which I do) for 6 years then the debt becomes in effect null and void? If it does then it would be wise to find out the exact date of the payment?

 

 

Correct .. sort of.

 

The debt still exists, but by virtue of the statute of limitations, it is uncollectable.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

Therefore it is important to know the date of the last payment.. then you start counting from the next month when the payment was missed/not made.

[hsemrm]

Thanks very much for your help, it's greatly appreciated. It's great to see people that are willing to help people these days.

I'll dig out the papaerwork and try and check dates, if it can't be found then I'll consider a SAR.

 

Cheers, Josh

[dx100uk]

can you please check your CRA file

 

use noodle from below

 

thats free

 

dx

[hsemrm]

Ok, I checked my noddle credit report and apparently the default date on the account was 25/05/2007. It also says the default balance was £29 pounds and the balance is £372.

The little red circle chart only goes back to December 2008 for some reason though. I'm guessing that this is the point at which red/lowell/hampton bought the debt?

[BRIGADIER2JCS]

Hi, correct that will be the update, as long as the

original default has not be changed it's OK.

[hsemrm]

So would the original default date (plus 1 month), be what I go from for the statute barred or the update?

[brokebutnotbeatn]

Raise a formal complaint with 3 Mobile and enclose proof of payment and go from there perhaps.

[citizenB]

So would the original default date (plus 1 month), be what I go from for the statute barred or the update?

 

 

No, from the first missed payment date. See post 13 above.

[Halibutt]

Although you say you admit the debt, just as a general point - bear in mind that sending a cheque to any DCA or OC gives them a hard copy of your current signature. Should you be reluctant to provide a signature, a postal order IS more expensive, but in most cases, safer.

 

Most CAG members advise (and it's also the "official" line) in any communications, print name, don't sign.

Edited April 13, 2012 by Halibutt

[hsemrm]

I admit that there was originally a debt, what I don't admit is the debt that lowell are claiming. Cheers for the advice, I'm not entirely sure why I shouldn't give them a copy of my signiature, though I'd rather send a postal order/bankers draught, or even pay the extra postage and send them £10 worth of pennies.

Cheers for the advice though.

[citizenB]

This is just one reason why you shouldnt give a copy of your signature..

 

http://www.guardian.co.uk/money/2011/dec/09/natwest-admits-signature-forgery

 

If it ever becomes absolutely necessary, then you should sign over a grid of "XXXX"

 

or you can purchase signguard from CAG.

Edited April 15, 2012 by citizenB

[dx100uk]

link not working.

 

dx

[citizenB]

How would you feel if you discovered your high street bank had forged your signature on a document? It sounds fanciful, or even in the realms of conspiracy theory, but this is the situation Phil Morley has found himself in – and it's not just him claiming he's been the victim of foul play.

 

NatWest has admitted, in writing, that its own handwriting specialist "has confirmed they believe Mr Morley's signature was forged".

 

Guardian Money has seen a copy of a letter from the state-owned bank, in which it says that "no one [at the branch] has admitted to forging the signature," but "internal action" has been taken against a member of staff involved with the case. The bank has apologised "for any upset". But is an apology enough?

 

http://www.guardian.co.uk/money/2011/dec/09/natwest-admits-signature-forgery

 

try it now..