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T Mobile


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Years ago (I'd estimate about 5 years) I had a contract mobile with One-2-One (now T Mobile) I did default, and never paid the last bill as the phone got damaged and I stopped using it obviously. Well they never chased me for the outstanding amount.

Yesterday out of the blue I got a letter from them stating that the debt was sold to another company back in Septemeber 2006 !! and to contact them. Surely this is now way out of date ????

Ive also changed addresses twice in that time and theyve traced me to this address - not sure what to do now, any advice please. Thank you.

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Firstly, do not admit liability for the debt. If you write to the collector ensure you call it "the debt" rather than "my debt". 5 years ago the agreement with t-mobile may have been regulated by the consumer credit act (although due to the type of credit given mobiles generally do not *have* to be regulated). If you find the agreement is regulated you should send a CCA request to the agency.

 

Regulated or not the agency need to prove to you that the debt exists and that you are liable and they have a right to chase it. This means they should furnish you with proof of the debt such as the original agreement and a statement of the account. Without this you should be able to defend any possible court action.

 

The rule for debts to become "frozen in time" or statute barred would be six years from your last payment, the great thing about the limitation act is that the onus would be on the agency to prove to you that your last payment or written acknowledgement of the debt was within the last 6 years.

 

So the golden rule is to dispute the debt and make the agency work to prove to you that the debt is yours and actually due.

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Thanks for your reply..

It seems odd that T Mobile sold the debt to the agency back in sept of last year and theyve only just contacted me regarding it..I'll battle on with them :)

 

they probably clear out old deliquent accounts from time to time and sell them on in bulk.

 

keep at it :)

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I have now written to them asking for proof of the original regulated agreement and a statement of account. Also told them to withold any further action whilst its being investigated. Will see what happens :)

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No worries,

 

Please bear in mind that the agreement may NOT be a regulated one.

 

Mobile phones are paid off monthly so usually do not have to be regulated by the CCA.

 

you could SAR them for the original agreement if non-regulated, however.

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