3 Mobile Harrassment for a closed account

[buzby]

Ensure your good name is not compromised. Get credit reports and check your file. If there's nothing there, ask 3 to provide statements pertaining to the debt for you to review or cancel the debt they cannot substantiate. Tell the DCA to take a hike, the debit is disputed and their client is unwilling or unable to back up the claim.

 

If there is something on the file, contact 3UK and ask them to substantiate the claim against you. If they cannot, demand the removal of the erroneous data. If they refuse, send an LBA advising if your record is not cleared in 28 days you will raise a SC action to compel them, along with the costs for so doing (this will include ALL fees charged to check and recheck your files).

[Sev]

Right, here's the update and I pray the end to this saga.

 

After sending the final correspondences asking for proof to H3G, a year has gone by. Not a word.

 

Last thursday I recieve a letter from HFO financial services Ltd.

 

HFO are already being investigated by the OFT (for the pittance it's worth), and are a truly vicious piece of work - just search them out on this forum and you'll see.

 

This was the last straw, so I took a stroll into my local 3 shop in Guildford and on a lovely crowded saturday laid my case to the manager so that all could hear. The lovely thing was, that a couple of people decided not to go through with signing for a contract after hearing what I had to say.

 

She, who was great actually, called the relevant departments, and it would appear that they have as much fun as we do getting hold of someone and being put on hold - and they work for them!

 

She said that the only possibility would have been that if I had used the phone to make an international call, it wouldn't show on the statements for a couple of months.

 

Thinking back, I probably did make a few calls abroad in that time period.

So, on this basis, I have paid the outstanding balance - to H3G, bypassing the debt collectors and their £10 extra that they put on the ammount.

 

MY question was really, why did they not let me know - the answer was that they did - and make sure you're sitting down for this children...

 

by calling the mobile who's contract i'd terminated, and therefore got no answer! They couldn't even be buggered to write... the bloke in Mumbai said they didn't have any other contact details - despite asking me to authenticate my address -

 

Truly staggering.

 

The other small issue of the 3toGo account being in credit for the sum of £3.89 - The guy in Mumbai said that this account was now closed (at my request in 2007, when they appeared out of the blue) - strangely in the year that has passed, I still have not recieved a cheque for the ammount.

Do I pursue?

 

I'm now in the process of running a credit check, as I think that H3G and HFO debt recovery will have registered defaults against me.

 

I'll keep you posted.

[Sev]

Got a letter from HFO services today -

 

Apparently I haven't been in contact with them - obviously never recieved my recorded letter of las week. Will now look to begin litigation.

 

Obviously they don't speak to H3G.

 

Also, since I settled the 'outstanding' ammount with 3 themselves with their shop manager as a witness and got a receipt number, - does this mean that HFO can still pester me for the ammount or the extra tenner they put on the whole ammount?

[buzby]

Yup! It's largely an automated process. You spoil things by circumventing their careful plans to harass you. As you've let them know, just file each inbound communication, and enjoy the fact they're wasting their own money with no chance of getting it back!

[Sev]

Buzby,

 

This communication from them I have received today.

 

As the debt has now been settled with H3G themselves, do HFO have any claim on the £10 surcharge they saw fit to add to the disputed ammount?

 

Also, can I hold H3G personally responsible if this continues?

 

It reads as follows:

"Total Ammount Outstanding: £10

 

You failed to respond to correspondence from HFO Services. As a result, your account has been transferred to HFO Litigation for investigation in anticipation of legal action against you.

 

I can confirm that your account has been qualified for litigation, and tht if you do not contact me within seven days your account will be forwarded to our panel of external solicitors. We will instruct our solicitors to sue you for the entire balance of £10.00. The cost of litigation, solicitors' costs and accrued interest will be added to your debt. This will result in a minimum extra charge to you of 104.00, not including accrued interest.

 

When we obtain a County Court Judgement against you, we will enforce this by way of an Attachment of Earnings Order. The court will inform your employer of your CCJ, and will order your employer to make deductions directly from your salary in order to pay your debt to HFO. If necessary, we will also apply for a warrant of execution. Court-ordered bailiffs will call at your property and seize your assets, which will be sold at auction to pay your debt. The enclosed leaflet on enforcement has been prepared by our solicitors for your information.

 

The most sensible thing you can do is call me today on 0845 600 6128. This will put a stop to the additional charges and will help you take control of your situation. If we can come to an arrangement, I will be able to close your file and there will be no further charges, letters or calls. HFO does not write off debts and I can assure you that your problem will not go away unless you contact me.

 

I'm looking forward to hearing from you so I can close your file.

 

Yours Sincerely

 

Jane Parker

Manager Telecoms Team

HFO Services Limited

0845 600 6128

 

There is no accompanying leaflet.

[Sev]

Last month, I recieved a letter from 3mobile saying that an ammount I had disputed was now being handled by HFO. (I have had a lot of help from Buzby in the Telecoms forum with this)

 

I went to the 3 shop and sorted the dispute there and then, and was given a receipt of settlement by the shop. The disputed ammount through investigation and asking the right questions, I realised that I did probably owe - although it was 3 years old, and so I settled.

 

The sum was for 26.46, or if paid through HFO 36.46

 

I paid the 26.46, and sent HFO confirmation that all debts were settled.

 

I have now recieved this letter:

 

It reads as follows:

"Total Ammount Outstanding: £10

 

You failed to respond to correspondence from HFO Services. As a result, your account has been transferred to HFO Litigation for investigation in anticipation of legal action against you.

 

I can confirm that your account has been qualified for litigation, and tht if you do not contact me within seven days your account will be forwarded to our panel of external solicitors. We will instruct our solicitors to sue you for the entire balance of £10.00. The cost of litigation, solicitors' costs and accrued interest will be added to your debt. This will result in a minimum extra charge to you of 104.00, not including accrued interest.

 

When we obtain a County Court Judgement against you, we will enforce this by way of an Attachment of Earnings Order. The court will inform your employer of your CCJ, and will order your employer to make deductions directly from your salary in order to pay your debt to HFO. If necessary, we will also apply for a warrant of execution. Court-ordered bailiffs will call at your property and seize your assets, which will be sold at auction to pay your debt. The enclosed leaflet on enforcement has been prepared by our solicitors for your information.

 

The most sensible thing you can do is call me today on 0845 600 6128. This will put a stop to the additional charges and will help you take control of your situation. If we can come to an arrangement, I will be able to close your file and there will be no further charges, letters or calls. HFO does not write off debts and I can assure you that your problem will not go away unless you contact me.

 

I'm looking forward to hearing from you so I can close your file.

 

Yours Sincerely

 

Jane Parker

Manager Telecoms Team

HFO Services Limited

0845 600 6128

 

There is no accompanying leaflet.

 

As the debt has now been settled with H3G themselves, do HFO have any claim on the £10 surcharge they saw fit to add to the disputed ammount?

 

In fact if the original creditor is still accepting payment, do I have the right to tell the DCA to get screwed - I send a token payment to cahoot every month, which they never return, and yet they've got Moorcroft on my back.

 

Also, can I hold H3G personally responsible if this continues, perhaps sueing for distress?

[sillygirl1]

Take the letter to your local Trading Standards office and copy in HFOs Trading Standards, if this does go to court (they will do Northampton bulk court) it will be easy to defend as you can prove you paid the original debt to the original creditor and they CANNOT go for £10 and charge £104 fees...

 

I'd also take the letter to your local 3 shop and ask them to write to HFO confirming there is NO debt to be repaid and the £10 is invalid.

[buzby]

These are bog-standard scare tactics, and designed to make you cave in. Here at CAG we're made of sterner stuff! Even if they attempted to raise a court action for £10, the judge would laugh at them, especially theyincurred this 'fee' without your acceptance or agreement.

 

Just write back to 'Jane Parker' (no need for RD, just keep a copy for your files).

 

You note the contents of her letter dated xx/xx/xx and would like to draw her attention to the fact that if there are any amounts they claim are owed, they should seek to recover these amounts from whoever originally instructed them. You do do not accept any liability for fees or charges incurred by third parties without your express agreement.

 

Secondly, you intend imposing your own charges to deal with the ongoing and irrelevant correspondence from HFO, and these charges will accrue from the date of any subsequent letter you are forced to write. This fee will be £10 per item.

 

Explain that you need no help in 'taking control of your situation', and advise them should they wish to raise a County Court action against you, not only will this be vigourously defended, you will make a counter-claim against them. Should you not recieve confirmation within 28 days that the file is closed, you will be forced to take additional steps to protect your interests, these will include (but not limited to) requesting your credit file from each of the recognised UK credit reference agencies,the fees for this will be met by HFO, and if not paid on presentation of your bill, will result in the addition of interest, court costs and bailiff fees, should this be necessary.

 

This might slow them up a bit....!

[Sev]

Silly Girl, I will do that.

 

I've already reported HFO to Trading Standards under their First Direct Logistics Title. I'll keep you posted.

[PGH7447]

Are HFO for real????

[Sev]

I've sent the letter off today. It will be with them for the beginning of the week... we wait with baited breath!

[DawseyY2K]

What a joke, I've had a very similar problem. The only difference is the outstanding debt there saying I owe is £501.

 

You can see my thread about it here

 

I basically used to have a contract with them back in Nov 2005. I lost my phone, reported it stolen and cancelled my account paying up my due's. From what I can tell they they carried on charging me £30 a month or what ever the fee was. That means they carried on charging me for 16 months ish. With out me receiving one letter about it. Jokers.

 

As you can see in the thread mentioned above They advised me too do a sars. which I didnt do. This was due to contacting wescott the credit services agency chasing the money. I told them I disputed and explained about losing the phone. They said they would investigate. They investigated and contacted me back saying "due to the enquiry investigated, nor further action will be taken. This was back in 08/2007, I thought result case closed.

 

Then back in feb/08 I get a new credit company trying to get the money again! I phone them up explained what happened with wescott, then they said they would ring me back later that day. Which they didnt. Havnt thought much off it.

 

Now May 1st its another credit company called Courtlink, saying court action will be taken if not resolved Funny there about the 4th company too say that.

 

Phone them today to explain yet again. These guys took a different approach and said, so long as 3 tell us to do so they will try get the claim, and advised me to harass 3 directly.

 

so, spoke with my cousin who had a similar problem. He said he contacted ICO, who fixed the issue. So thats the route i'm going to take now. Problem is ICO want me to have contacted 3 directly in writing before they will do anything. My cousin said they just want proof you have tried to sort it out. So I'm going to write up a mock up letter pretending three have ignored me and let ICO throw there weight around.

 

Charging me for 16 odd months when I didn't own a sim is no joke.