old Vodafone debt, now SB'd? but DCA claims a DMP company paid in 2013!!

[AndreaMc]

Hi all.

 

I got a letter from Moorcroft in April asking me to contact them urgently to discuss an overdue account;

very few details given, date and amount was missing for eg, creditor was shown as Arrow Global.

 

I contacted them by letter and informed them that I didn't acknowledge the debt and that my credit report was perfect,

showing no late payments/defaults etc, so the debt would be statute barred in any case.

They wrote back to say the account was on hold while they looked into it.

 

I received a letter saying that they had heard from the creditor (who were no longer Arrow, but Vodafone)

and that the debt wasn't statute barred because they had received a payment from me last year on Aug 5th.. Absolute rubbish!

 

 

I've had a contract phone with o2 for the last 11 years, so even if the vodafone debt (for £100 odd) were mine,

it had to be from well over a decade ago.

 

 

I checked with my bank in case I had had a temporary lapse in memory/sanity and had made a lone payment.

Of course, I hadn't, not to Arrow/Moorcroft or Vodafone, neither in August or the last 6/7 years we checked.

 

I have printed off a letter, so could someone give it a read and let me know if it's any good please?

I'm so unbelievably angry about this (irrationally so), and

I'm racking my brains to try and remember whether I (stupidly) may have signed my last letter to them.

 

 

I doubt it, but would you put it past them to try and lift my signature?

 

 

Would I be able to prove that?

 

 

here's what I want to send them.

 

Thanks.

 

Dear Sir/ Madam.

 

I received a letter from you in April, requesting payment for a debt allegedly in my name.

 

The creditor was Arrow Global (who I now understand are your sister company).

 

I disputed the debt in writing, and as my credit report had no mention of it,

declared that even if the debt were mine, it would clearly be statute barred.

 

I received a response from you that the account was on hold and that you would respond within 30 days.

 

I received your response, that you had spoken to the creditor who informed you that the debt was not statute barred

because I had made a payment on the 5th August 2013.

This is absolutely false, I would never make a payment for an account/debt that I did not acknowledge.

 

I contacted Moorcroft (who said that the creditor wasn't in fact Arrow Global but Vodafone) to reinforce this

and also informed you that I had checked with my bank, and NO payment to Moorcroft/Arrow Global/Vodafone had been paid,

either in August 2013, nor as far back as 7 years earlier.

 

After seeking legal advice following our telephone conversation earlier today,

I am no longer just disputing this debt, I am now requesting proof of the debt and in particular, this payment.

 

I suspect fraud has been committed and wish to be able to present any forged payments claiming to be from myself, to the police.

 

If you are alleging that I paid by credit/debit card, I would like the account/card number and sort code;

if by cheque, the account number and sort code, and if by postal order, the PO details.

 

I know, with 100% certainty, that I have NEVER made a payment for this alleged debt,

either to Moorcroft, Arrow Global or Vodafone.

 

I am also sending a copy of this letter to the OFT to add to their files,

as I feel strongly that you are ignoring my assertions that this debt, if mine,

is clearly statute barred and continue to harass me for payment.

 

I have never acknowledged this debt. A ''relevant acknowledgement'' as stated in the OFT Guidance 2003/2011

is made by ''(a) making a payment and or (b) An unequivocal acknowledgement in writing that the obligation still subsists''.

 

If you are still insistent that this is my debt and do not have proof of payment to provide to me, then you should absolutely take me to court.

 

Sincerely,

[SabreSheep]

Complain to the FCA this inventing payments trick needs to be stopped

[ims21]

And you need to remove the reference to the OFT as they are no more.

[AndreaMc]

And you need to remove the reference to the OFT as they are no more.

 

So, who do I quote re the acknowledgement of debt if not the OFT? Do I just change it to FCA?

[ims21]

FCA and fos

[AndreaMc]

Thanks. Is the letter ok, apart from that? What about my question about my signature? I'm a bit worried they'll use it to provide 'proof'.

[ims21]

Yes it is pretty much there.

 

You may like to review it when you have slept on it and are less angry just to make sure you are happy with it.

 

You might also like to read here

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

 

and have a look at the CONC link given in that narrative.

 

Remember, having told these people that it is SB means that it is up to them to prove it is not SB, not for you to prove that it is.

 

Head your letter "Formal Complaint" as well which will open the door to a fos complaint at the relevant time.

 

Having said all of this, you have stated that this is not your debt. If indeed it is not your debt/account then SB isn't really the primary angle to take in my view.

 

Have you ever sent them a letter requiring them to prove that you are indeed the debtor? If not there is a "Prove It" letter in the CAG library so you could amalgamate that into your above letter as well.

[renegadeimp]

£10 says their reply and either say you are wrong and YOU need to supply proof,

or they'll say they were mistaken, but it was an admin error.

Since its moorcrap, ill go with the former.

[BRIGADIER2JCS]

Is your credit report current?

[AndreaMc]

Is your credit report current?

 

Yes Brig, I check all 3 monthly.

 

Posted off the letter omitting the last paragraph.

[Lee Vodafone Company Rep]

Hi AndreaMc,

 

Thanks for making me aware of this.

 

If you'd like me to take a closer look at things, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[AndreaMc]

Hi AndreaMc,

 

Thanks for making me aware of this.

 

If you'd like me to take a closer look at things, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

 

Thanks for showing an interest, I'll certainly be in touch when I've received a response from Moorcroft.

[renegadeimp]

Dont wait. get in touch with lee now. he might be able to stop all this in its tracks.

[Lee Vodafone Company Rep]

You're welcome AndreaMc.

 

Hopefully this will get sorted out soon for you.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[AndreaMc]

Hi all, I need some help with my debt collection nightmare.

 

I have been disputing a debt with Vodafone for £874 (an awful lot of that are fees from the debt being passed around) for about 6/7 years now.

I get letters sent to me every now and then by either Moorcroft, Rossendales or Arrow Global.

 

The last letter was sent 2 weeks ago, again requesting proof of debt,

proof it's not statute barred,

and most importantly proof of a payment they said I'd made

(I also included copies of the last 3/4 letters they've sent to me, usually switching companies

- ie, one from Arrow, then from Moorcroft etc).

 

 

I received a letter a fortnight later saying they were looking into it,

account placed on hold and that I should hear from them within 20 days

or receive an update as to when I should expect to hear from them.

 

I received a letter this morning from Rossendales saying they were pleased to inform me that the debt wasn't statute barred

as they'd received a payment of £6.33 by bacs from Harrington Brooks to Arrow global in August 2013.

 

I was furious, so I called and (after asserting I didn't acknowledge the debt)

said that they were making these things up in order to chase this clearly statute barred debt.

 

 

I told them that my last letter requested proof of the debt, and proof of the payment.

That they simply write back to say they had received a payment, is proof of neither.

 

I called Harrington Brooks who have confirmed that I am not, nor have I ever been

a client of theirs and most importantly that they haven't made any payments on my behalf

(they did suggest that it could have been an accidental payment made by entering an incorrect reference number, but I doubt it).

 

 

I also called the Action Fraud number that Rossendales kindly provided me with, and opened a case.

I stated that they have never provided me with the proof I've been requesting for at least 5 years,

and that they are making payments up to try and make the debt payable.

 

My credit reports aren't showing anything yet, but I'm keen to get this resolved once and for all.

My statute barred letters (template from here), mention of suspected fraud on their behalf

and threats to go to the ombudsman aren't having any effect at all

(I also include that passing the debt on to another agency will result in my reporting them).

 

If someone could please advise me of what I need to do now, I'd really appreciate it. The stress from this is unbelievable.

 

Thanks.

Edited April 27, 2015 by dx100uk

[AndreaMc]

Hi all, I need some help with my debt collection nightmare.

 

I have been disputing a debt with Vodafone for £874 (an awful lot of that are fees from the debt being passed around) for about 6/7 years now.

I get letters sent to me every now and then by either Moorcroft, Rossendales or Arrow Global.

 

The last letter was sent 2 weeks ago, again requesting proof of debt,

proof it's not statute barred, and most importantly proof of a payment they said I'd made

(I also included copies of the last 3/4 letters they've sent to me, usually switching companies

- ie, one from Arrow, then from Moorcroft etc).

 

 

I received a letter a fortnight later saying they were looking into it, account placed on hold

and that I should hear from them within 20 days or receive an update as to when I should expect to hear from them.

 

I received a letter this morning from Rossendales saying they were pleased to inform me that the debt wasn't statute barred

as they'd received a payment of £6.33 by bacs from Harrington Brooks to Arrow global in August 2013.

 

I was furious, so I called and (after asserting I didn't acknowledge the debt) said that they were

making these things up in order to chase this clearly statute barred debt.

 

 

I told them that my last letter requested proof of the debt, and proof of the payment.

That they simply write back to say they had received a payment, is proof of neither.

 

I called Harrington Brooks who have confirmed that I am not, nor have I ever been a client of theirs

and most importantly that they haven't made any payments on my behalf

(they did suggest that it could have been an accidental payment made by entering an incorrect reference number, but I doubt it).

 

 

I also called the Action Fraud number that Rossendales kindly provided me with, and opened a case.

I stated that they have never provided me with the proof I've been requesting for at least 5 years,

and that they are making payments up to try and make the debt payable.

 

My credit reports aren't showing anything yet, but I'm keen to get this resolved once and for all.

My statute barred letters (template from here), mention of suspected fraud on their behalf a

nd threats to go to the ombudsman aren't having any effect at all (I also include that passing the debt on to another agency will result in my reporting them).

 

If someone could please advise me of what I need to do now, I'd really appreciate it. The stress from this is unbelievable

[dx100uk]

you didn't make the payment so it does not count

 

 

end of issue

 

 

I would suspect this was defaulted years ago

and has gone from your file as the default voda registered

had reached its 6th birthday.

 

 

it cannot return.

 

 

pers I'd be ignoring them rather than winding yourself up

 

 

dx

[AndreaMc]

Could you advise of a last letter to send please?

 

 

I know I didn't pay it,

HB know they didn't pay it,

but couldn't they still act on this?

 

 

I want them to acknowledge and confirm in writing that they are chasing a statute barred debt.

 

**this debt was never on my report.. at least not after 2008, when I started regularly checking it.

[dx100uk]

pers I wouldn't bother

simply invites letter tennis.

 

 

can I just check a few things please to get your ducks inline.

 

 

when did you take the voda contract out?

 

 

when did you last pay voda/use the phone?

 

 

how are you gauging this 'is' SB'd regardless to this phantom payment?

 

 

dx

[AndreaMc]

I can't remember exact details but it had to be around 2000/2001.

The account has never received a payment from me or anyone else,

I haven't used vodaphone for about 10 years, and that was PAYG.

 

I appreciate what you're saying about responding,

but I would like to have the last say on this

and let them know that I didn't make the payment as confirmed by Harrington Brooks

and that I've opened a case with the fraud company they told me about.

I'm just not sure how to word it.

[dx100uk]

3 threads merged on same issue for history

 

 

dx

[AndreaMc]

3 threads merged on same issue for history

 

 

dx

 

Thanks, I was looking back through these earlier and wondered if the merge could be done.

 

Is there a template I could personalise, to send to Rossendales? As I said, I'd like to make it clear this is the end of the line.

[dx100uk]

if its from that long ago

then even if that payment were 'real'

 

it was SB'd already by then.

 

this is serious stupidity from the DCA's point of view

 

a payment after a debt has gone SB's cannot reset the clock

not even a judge can unbar a debt.

 

dx

[AndreaMc]

It seems that they give up for a while and then decide to have another go.

 

 

This is the first time that they've provided any info regarding the supposed payment though,

which is why I want to respond and let them know I've contacted Harrington Brooks.

 

Is there a template I could personalise for a final response from me?

[AndreaMc]

Well, I guess I'll just resend the statute barred letter and include the case number from the Action Fraud people and also the info from Harrington Brooks.