Debts not covered by CCA?

[Kate987123]

Hi,

 

I wasn't sure whether to post here or in the Telecoms forum so apologies if this is the wrong place.

 

As I understand it, mobile phone contracts aren't governed by the CCA so the normal guidelines to disputing debts etc don't apply. Is there alternative legislation which governs mobile phone contracts?

 

I'm being chased for a debt that has never exists but the DCA are basically stating that because I had a contract with the company I must owe it. I did have a contract but it was fully paid up when the contract ended and I cancelled it in accordance with the agreement. Didn't hear anything until a couple of years later when I got a DCA letter out of the blue. The mobile phone company won't do anything, numerous letters to DCA hasn't done anything and I know have a default on my account

 

At the end of my tether so would be grateful for any info re the law governing mobile phone contracts, alleged debts etc. Thank you!

[ims21]

If it were me I would send a SAR to the mobile phone company and the "Prove It" letter from the CAG library to the DCA.

 

Which DCA is it and which phone company?

[Kate987123]

Hi ims21,

 

Thanks for the reply. I've sent a number of 'prove it' letters to the DCA (another one going out today!) and apparently the mobile phone company doesn't have any records because it was so long ago. (Companies in question are Capquest and Orange). I've spoken to Orange but they won't have anything to do with it as it's not them chasing the debt.

 

They seem to think it's my obligation to prove a debt doesn't exist rather than theres to prove it does!

[ims21]

It is for the DCA tp prove the debt.

 

How many years ago are we talking?

 

If less than six then Orange should still have the data a SAR should get it for you.

 

If no-one can provide you with evidence of this debt then it is their tough luck, they don't get paid.

[Kate987123]

They're alleging the default occured in 2009. What concerns me the most is default on my file. Although I'm technically in the right (I think) in forcing them to prove the debt (which they can't do as it never happened!) I can't get them to remove the default. I've posted in the CRA forum to try and find out if they've breached guidelines because surely they must prove a debt exists before registering a default?

[ims21]

That's why I would SAR Orange...to get the full data on the alleged account.

[Kate987123]

Thanks ims21, will submit an SAR and see what comes back.

[dpick]

Hi I am not sure on this but should they not keep all data from an account defaulted in 2009 for 6 years under money laundering regulations. So for me no data no debt if they have marked your CRA file sue for defamation.

 

dpick

[BRIGADIER2JCS]

No details are kept for 6 years after the account is closed.

 

As to the default place a notice of dispute on the credit files, the as well as the SAR to Orange send a formal comnplaint to their Data Controller re the defult entry if you need assistance with the letter let me know.