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Hi

I have just had a 40 minute phone conversation with an agent from Bryan carter. Back in 2005/06 I cancelled a contract with 3 network as I had not the expected coverage. This was agreed verbally over the phone and I heard nothing more.

In 2009 it appears that Lowell Financial defaulted me for the amount of £286.05. I have asked repeatedly for telephone records confirming the cancelled contract, three network wont talk to me about it..Lowell tell me I owe the money and now Bryan carter say I cancelled the contract incorrectly and that I acknowledge the debt as I paid £1.98 in August 2008!!..Though I dispute this and they cant or as he said don't have to proof it!

As of today they say they are beginning County Court procedures.

 

I just need some help to end this nightmare......I do not have the old telephone number, contract or telephone call records even though i have asked for this repeatedly..Bryan carter say a subject access request does not work for telecommunication debt and i should have disputed it via ofcom and kept all the paperwork....I did not even know I allegedly owed anything until 2009/10.

How can I sort this.....I have asked for proof of notice that Lowell owned the debt, Bryan carter say they do not have to provide this.

Any advice would be greatly appreciated.

moving on

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Hello there.

 

Are you familiar with the limitation act? If not there is a good fact sheet here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

If Bryan Carter cannot prove that the £1.98 payment was made they cannot rely on it. As such there could be a limitation argument here if it was 6 years since the account defaulted as per the terms of the contract.

 

The great thing about raising a limitation argument is that it shifts the burden of proof on to them to prove to you that the debt is not 'statute barred'.

 

If they can evidence that the £1.98 payment was made by you - or 'an agent acting on your behalf' sadly you are unlikely to be able to argue the time limits. All that said we have come across phantom payments plenty of times and this is worth a challenge.

 

A SAR most certainly is allowed for a telephone debt, please stop speaking to their advisers on the telephone, it seems they are unaware of the law - or are simply lying to you.

 

When you next contact them do request a copy of their formal complaints procedure.

 

Hope this helps.

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  • 5 weeks later...

Hi

Just an update,

three have now recalled and cancelled the alleged debt.

This has been over 3 years of hassle, with many telephone conversations and written requests from myself to get the matter sorted.

My very last unpleasant conversation with Bryan carter and their threats of legal action they still stand by, and tell me I had put nothing in writing to resolve the dispute, although i do have a letter from them stating that they had contacted their client and there is an outstanding amount owing ..though how they did that without my written permission is confusing!

I also have a default on my credit file from three.

Is there anything I can do to complain about the appalling treatment I have received from a multitude of debt collectors over these past three years, as well as three not doing what they should have done 3 years ago. Bryan carter say I have no complaint against them as they were following instruction, and my complaint should be with Lowell and three network?

Also would it be worth trying to get the default removed?

many thanks

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