Telecoms debt (alleged) Why don't they have to provide CCA?

[ethos360]

I have disputed a debt, because I don't owe the money.

It's apparently a mobile bill.

I have another debt with this DCA which I am paying...slowly,

but I think they've messed up and assigned something else to my name.

 

This is the response I have gotten:

 

Alternatively, if you feel that you require further details for this debt we advise that a copy bill can be requested for this account from our client Lowell Group.

 

Unfortunately a consumer credit agreement is not available for this balance as it relates to a telecoms account and therefore it is not covered by the Consumer Credit Act.

 

Can anyone please tell me why they don't have to provide CCA? And what I should do next?

 

Thanks!

[dx100uk]

as they say, mobile phones are not a credit card/loan.

 

i agree with you

 

i think they are trying it on.

 

esp as it seems to be they are chasing a debt owned by a dca!!

 

we all know what lowlife are like too.

 

could it not be to do with the debt you currently paying?

 

you HAVE CCA'd them?

 

if they've spoofed you into paying one debt, that p'haps might not need paying.

they are seeing if they can spoof you further?

 

dx

[Bandit127]

What communication did you send that prompted this response? Was it a CCA request or a prove-it letter?

 

Or was it a request on the phone?

[ethos360]

Well they sent a letter with an amount on

- which was more than I owed,

 

I emailed them with proof that I was paying the debt I do have and with the correct amount.

 

They then replied saying it was a different debt owed to three.

 

So I replied to say that I had no knowledge of the debt and that I didn't believe it was mine.

 

That was the reply I got.

 

they told me to pay it or prove fraud. I hadn't mentioned fraud just simply that I did not owe the money.

[Bandit127]

Then I would stop playing email tennis with them and send them a prove-it letter. This one from MSE for example:

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

So far, they seem to have weasled your requirement for proof in to a CCA request, which they know they are not obliged to respond to. The above letter should get you the required proof - or shut them up.

 

BTW - "letter" means printed paper and sent "signed for".

Edited October 21, 2012 by havinastella

[BRIGADIER2JCS]

Which DCA is chasing on behalf of Lowell.#

 

Ok lets see if we can get this sorted.

Send the following letter to the DCA by recorded delivery addressed to the Compliance Manager.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you refer to a debt for £xxxx allegedly owed originally to 3 mobile, please note I am not now nor ever have been a customer of 3 mobile and I do not acknowledge any debt to your company or any company you may claim to represent.

 

Unless you can provide unequivical and irrefutable proof of my liability for the allged debt within 7 days I will consider the matter closed.

 

I would remind you of the OFT Guidance on Debt Collection 2003/2011 and the section regarding contacting individuals when it is unclear that they are the debtor.

 

OK?

[Bandit127]

Nice one Brig. That is a proper prove-it letter...

[BRIGADIER2JCS]

Nice one Brig. That is a proper prove-it letter...

 

Can't stand templates Bandit the DCAs have seen them all and know where the originate, extemp. letters work more effectively.

[dx100uk]

i'd question the debt you are paying too?

 

whats that all about?

 

dx

[Bandit127]

Fair do's Brig, but most of us cannot write an effective extemporaneous letter. Personally, I can have a go where I understand the underlying rules, laws and obligations. And have done actually, after doing the research.

 

Joe Public has no chance of doing the research to reach the level of understanding required. Which is why your letters are so valuable.

 

And also why Joe Public needs template letters.

[ethos360]

Which DCA is chasing on behalf of Lowell.#

 

It's Advantis...

[ethos360]

i'd question the debt you are paying too?

 

whats that all about?

 

dx

 

 

It's an old catalogue debt, had been managing fine - but split up with ex and couldn't continue to pay. Ihave no problem paying what I owe, which they should know given I do pay for said catalogue debt.

[dx100uk]

urm......

 

you do realise that cat debt are littered with unlawful £12 PENALTY fees

for everything from late payment fees to unanswered phonecalls?

 

who owns that debt?

 

dx