Help with H3G

[waringdmask]

Hello people, 1st post here although been a member for a while, didn't realise I needed advice until now. Anyway, to the point of this post.

 

I recently received a letter from Lowell portfolio 1 dated 07-02-13.

 

It states 'You Have Not Repaid Your Account' and goes on to say that I can pay them up until 28-02-13

at which point Lucas Credit Services will be instructed to pursue me for this debt.

 

On closer inspection there is a Lowell account number and an original account number from Three Mobile.

 

Now I've been a customer of H3G since 10-11-04 and my payment record with them is perfect.

 

I also had another account with them for my ex wife's phone which is the one they claim is in debt.

 

I opened this account almost a year later on 06-09-05 on a 1 year contract,

 

This was renewed each year until 26-08-08 when (after advice from 3 customer service)

I gave 30 days notice to terminate the contract.

 

This was given over the phone and also in writing around the time of contract expiry which by my reckoning was 06-09-08.

I didn't cancel the direct debit and the last payment on the account was on 26-09-08.

I have received no further communication from 3 concerning that account since the date of the last payment.

 

I have since checked my credit report (experian and equifax) and the account has been defaulted, seemingly by Lowell.

The date of the default is 11-04-09 more than 7 months after the last payment.

 

No bills or statements were received from 3 in that period and my other account continues uninterrupted to this day.

 

Now I'm not concerned about the collection company but obviously I'm not happy about the default.

 

What I need to know is the best course of action to get this removed from my credit file.

 

I've tried to reason with the customer service people at 3 but they won't tell me anything.

 

All they seem to know is that it's a very old account.

 

Any help or advice you can give me would be greatly appreciated.

 

Thanks in advance.

 

Waring d Mask

[noddy997]

Lowell is a collection company and has been instructed by 3g, yes?

 

Your correspondence should be with 3g as Lowell is instructed by them.

 

Do you have any proof to show that there was no arrears and/or that you have paid the account in full?

 

I had a similar issue with 3g, where they wrote to me 3 years later, without any prior correspondence just like yourself, saying I owe them £35. What I did was go into a branch and got the manager to pull up my account in June 2011, despite my account was closed in Aug 2008. On their records it clearly said that "account paid off in full to DCA" (debt collection agency) - similar to Lowell.

 

Do the same, but bear in mind the store staff aren't that helpful the manager might be able to sort it for you. They will also say "we dont have a print facility or our system doesn't allow us to print account information" either screen shot and paste it in another program and have it printed that way.

 

You can also take legal action and seek damages for the unlawful default under "damage to your creditworthiness". I am currently doing this with HSBC here is the link to my thread. http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc-i-got-solid-evidence

 

The default has been on your account unlawfully for a period of nearly 4 years without your knowledge. If you was to obtain a mortgage, remortgage, or any other credit your chances in doing so would be very minimal or none like in my case.

[dx100uk]

hi wdm

 

if you cancelled & you did within the correct timeline etc etc

then i cant see how this has escalated.

 

H3G would have defaulted you then sold the dent

thus lowlifes name would be against it now.

 

i'd be inclinded to drop the phone comms now.

 

and write or email the CEO.

 

stating clearly that his customer records show you paid and closed the contract correctly

 

and have had no further paperwork since that day.

 

you find this unfair and want the default removed

 

dx

[waringdmask]

I've taken the advice given and mailed the ceo. I got a standard response with a case number, they say they'll get back to me within 7 days to discuss it further. The only proofs I have are bank statements showing on time payments as I didn't pre-empt a problem like this. I'll just have to hope my long relationship with them will afford me some goodwill, and the fact I haven't missed a payment since I started my current contract in 2004. Otherwise I'll be back asking what to do next.

 

Thanks for the advice so far...

[waringdmask]

I've had a reply from the executive office and although it appears my claim was investigated I'm not happy they think the default is correct.

This is the reply I received...

 

Hello Mr Mask

 

 

Thanks for getting in touch. I’ve had a look at this account for you and I’m afraid the default is correct. We have nothing to support you contacted us in August to close this account.

 

 

 

The only letters or emails received were from (email addy) and the last one sent was discussing a phone that wasn’t working. When you call us and someone views your account, an automatic footprint is left and there was only one in August. The notes from August show the only thing discussed was going to store to see what could be done with your phone.

 

 

 

On four separate occasions after August, 3rd party retailers checked whether you could upgrade, which would mean you were aware the account was still open.

 

 

 

After your direct debit was cancelled on the 17th October 2008 and to try and collect payment, we sent letters to the address you mentioned in your email, but that wasn’t successful.

 

 

 

I also noticed a note left on the account from 22nd November 2012, saying this account should have been closed within 14 days, so I understand this might be a little confusing due to the amount of time that’s passed before we sold your debt to Lowell.

 

 

 

I’m sorry this wasn’t the answer you were looking for, but I hope I’ve explained our position and why we’ve taken it. If you do have any questions, please give me a call at the Executive Office on 08433 733330 (5p/min from a BT landline, other networks may vary). We’re open from 9am until 6.30pm, Monday to Friday.

 

 

 

 

 

Thanks

 

 

 

 

 

 

 

Nia Walker

Three Executive Office

 

So where do I go from here. I'm adamant that this is a mistake on their part.

 

Thanks in advance.

 

Waring D Mask.

[rc14]

Hi Waringmask

Been where you are and proved my case in the Appeal Court so if you read my threads on Lowell and 3G may help. I would go out to 3 for Section 7 Data Protection Request to 3 mobile via Executive Office and Lowell. Apparently 3 mobile run a paperless office so they wont have much and Lowell will say they don't have info prior to the sale. Send registered post. If they don't comply complain to the ICO and OFT as the complaints are stacking up and eventually they will act. I suspect they will back down long before it gets to court.

[noddy997]

Blimey!

 

You are being fobbed off mate.

 

Try visiting the 3 stores and viewing the account details.

 

If you give up the ugly default will sit on your credit file for 6 years mate.

 

Do you have any paper work especially in the final days of the account?

 

Also mate, they dont care how long you been a customer. Dont want to sound rude but that's how they behave when they want to "defend" themselves.

 

 

If you can prove you paid the account off and that your not liable, then proceed straight via Small Claims Track (wait for when the limit is increased to £10k) and you can claim £8k for damage to creditworthiness and the default will be removed.

 

My hearing is next week, I shall post the outcome on my thread, and if I succeed (I am very likely to) you are more than welcome to mention my case within your case.

 

You have already tried solving this with the CEO of 3 and they are just fobbing you off - you have completed step 1 - which is usually resolving matter with the other party directly.

 

 

 

Questions to ponder:

 

1) (Daft one I know) but you said you didnt cancel the Direct Debit, is this still active even today? (my ebay seller one is active despite no money being paid out)

 

If it is active, then what you can do is use statements all the way up until your last payment to 3 - this will show you got a active DD but they didnt take any money (they would have if you owed them anything).

 

2) How much is the default? And how many months does it acquire for?

Edited February 21, 2013 by noddy997

[waringdmask]

Just to summarise:

The default is for £65 and a few pence.

It was recorded in April 09 and the last payment to 3 was Sept 08.

Despite assertions from the executive office to the contrary, I did write to them in August 08 giving 30 days notice on the account.

I did phone to ask advice on terminating the account, this may have been prior to August 08 as I'm only working from memory.

I have the same proof as they do, i.e. I say I called them and sent a letter and they say I didn't but add that they wrote to me about the bill.

As I'm still a customer they have other methods of contacting me including telephone (mobile and fixed) and the email address they use to tell me a bill is ready to view.

 

 

To my mind the amount is trivial and 6 years of high interest or credit refusal seems disproportionate. I would be more than happy to pay it as part of a resolution which includes removal of the default. To this end would anyone be able to advise me of a way to approach this without it getting ugly?

I'm prepared to take it to court if it can't be resolved any other way although this would be an absolute last resort.

 

Thanks in advance.

 

W D Mask.

[dx100uk]

nave you sar'd them?

 

if not do it

 

then you might get notes on the comms log that you phoned and asked for it to be terminated within their time limit

 

prove that

default must be removed

 

dx

[rc14]

nave you sar'd them?

 

if not do it

 

then you might get notes on the comms log that you phoned and asked for it to be terminated within their time limit

 

prove that

default must be removed

 

dx

Hutchinson 3 claimed that they don't keep telephone recordings so will probably frustrate any requests. They did keep an event log showing any contact which may show the call but I found it hard work giving up any info that did not support their case. Good luck

[locutus]

If someone accesses your account, it leaves a "footprint" on your account. Also, I have worked in lots of call centers. All of them have had a system of leaving "notes" of what has been discussed. These should be disclosed to yourself if you send them a subject access request.

 

If they do have recordings, they have to provide those, but the account notes and list of footprints will corroborate your story.