3 Mobile/Red/Buchanan, Clark & Wells/Lowell Portfolio

[MidgetInABikini]

Hi

 

New poster here, but do need some advice. I'll try and be as concise as possible, but it is a fairly long story.

 

Back in 2004, I acquired a debt through 3 Mobile due to refusing to pay for a monthly contract that was unusable (couldn't get reception, calls were hanging, etc). They continued to charge me despite my protestations for the remainder of the contract.

 

In 2005, I inherited a sum of money which meant I could pay off the £225 debt with 3 in order to get them to stop hassling me. I paid them in February of that year.

 

I heard nothing from them and haven't since. However, in 2009, after moving house three times, I received a letter from 'Lowell Portfolio' claiming I owed them money to the tune of £225. They said they were collecting on behalf of '3'. Obviously, I was astonished that a) they thought this debt was outstanding and b) they'd the gall to contact me after so many years. The problem of proof immediately sprang to mind, as I only keep correspondence from companies for three years, so the letter I had confirming payment to 3 had long been recycled.

 

I decided to ignore the letter. About a week later (this was in March 2009), I received another letter demanding the money. This time I wrote them a letter and asked for them to provide proof of the debt. I didn't hear from them for six months, but in the meantime, a new company, 'Red', got in touch via post to claim I owed them the same amount! This is when I began to get annoyed.

 

Several letters from Red arrived in between my sending a letter to Lowell and them getting back to me. I ignored them all thinking I'd deal with one company at a time - the postcodes of both companies matched anyhow, so they're probably one and the same. In September 2009, Lowell got back to me with a letter and what they called 'proof' of the debt. What they'd sent me was my final statement from '3', stating my balance of £225. To me, this isn't proof - they've simply got hold of my last statement (a copy of which I received at the time before I paid off the debt) and stated I still owe it. I was livid, but I decided to leave it a week before I replied.

 

During this time, I saw the Watchdog programme featuring exactly the same issues that I was having with these collection agencies. I couldn't believe my luck, until the stories all hit dead ends and every person featured still owed the money by the end, despite all stating they had cleared the debt years ago.

 

The letters continued from Lowell and Red before I sent them a letter requesting that they halt with their harrassment and prove that I owed the money. Again, I didn't hear from them - in fact, I still haven't to this day - yet just three weeks ago, I received a letter from a new company to me, Buchanan, Clark & Wells. They have sent three letters in as many weeks, the last one stating they will be sending an 'agent' to my house if I don't pay up before the 19 February.

 

Now, I really need advice on what I should do next. I don't want to pay, as a) I don't owe any of these companies money - the debt was cleared and b) even if I did pay, I have a feeling the other two DCAs would continue to harass me for cash. I'm not scared or concerned by their threats, just seriously annoyed. If they do this with elderly or vulnerable people, they must be making a mint - how do they get away with it?

 

What would you lovely people suggest I do next?

[drpellypo]

Your story is a carbon copy of mine! Well, my wife's actually, but I am dealing with it. She did exactly the same - paid off a contract, and then two years later, RED pops up, and then became Lowell. I have sent the prove the debt letters and they have simply sent me letters back saying I need to prove I don't owe the money. Ha! I duly responded reminding them they need to prove the debt, not the other way around. They have sent me loads of letters since saying the account is on hold while 'they collate the requested information.' They didn't even get 3's name right. They said the debt was with '3G.' I'll be damned if my other half owes money to a mobile standard!

 

Just send them another 'prove the debt letter.' I'm stretching this one out because I know the debt doesn't exist, so all it's doing is costing them money.

[Sweeney Todd]

When in 2004 did you stop paying? If it was early 2004, then their options are either:

(i) The debt is Statute Barred

or

(ii) You did make payment in 2005 and the debt was settled.

 

A nice fun choice for them to choose which scenario they wish to accept.

[cerberusalert]

What would you lovely people suggest I do next?

make a complaint to Trading Standards & the OFT.

 

Send BCW this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute It'll need editing to suit, i.e change 'Consumer Credit Agreement' to my request of proof of a debt.

[MidgetInABikini]

UPDATE:

 

Sent a 'Prove the Debt' letter (again, although the first was not sent to BCW) a fortnight ago. Last Saturday, I received a letter in reply, offering me a 'once-only opportunity' to pay off the debt, reducing it by half to approx. £112.xx ish.

 

Lovely. So I pay them and thus the 'debt' off, then get letters from Red and Lowell demanding the same sum...