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I wonder if someone could help me on this.

 

I had a mobile phone with T Mobile approx 4 years ago and due to illness was unable to pay them. I had completly forgotten about this debt and have now recieved a letter from a DCA asking for payment. My memory was not good at the time and I am unsure as to whether I paid this or not, there is no mention of this debt on my credit file. I do not want to contact the DCA by telephone as I have heard many horror stories about them.

 

Having read the notes at the beginning of this forum, I see that I would not be able to rquest a copy of the CCA from the DCA as mobile phone contracts are not covered by the CCA.

 

Could someone advise me on what I can request from the DCA to prove that they are entitled to collect this debt? Or would I just need to send an S.A.R - (Subject Access Request) to T Mobile?

 

Thanks

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You could do either, but I'd respond in writing stating that from the records currently available to you you do not owe their client anything and formally reject their request for payment. Should they wish to pursue this, you are formally disputing the debt and require their client to provide full details of any claim, along with a copy of the airtime contract referred to.

 

That should hold 'em for a bit!

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Give this a try:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Be VERY careful whose advice you listen too

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I'd also keep a note of what action you've taken, letters sent etc and how/when they've contacted you in case you need to refer to it later. Curlyben's letter is ideal for your purposes, but I think the Trading Standards bit spoils it slightly, as in the scale of things their involvement would be minimal, the OFT is the greater threat - if you can get therm to listen!

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Buzby, just out of interest one of TS's roles is this sort of contact from DCA's.

Most TS offices have dedicated liaisons with the DCA's

Personally I would always advise making them the first point of contact before approaching the OFT.

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Be VERY careful whose advice you listen too

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I'm aware of this, and also that TS departments are often staffed with part-time volunteers, but as to the end game? TS have no powers to make the DCA do anything, no enforcement nothing. They can ask - and be told the same as the OP. Since the TS dept will rarely act on behalf of the complainant in pursuing an issue (effectively leaving you to go to court on your own) reference to them - as has happened in other threads - rarely leads to a "WOW, I called TS and they sorted it out for me.".

 

I get the impression that saying you will refer the matter to TS is like, "I'll tell my dad about you" - nothing more!

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