Debt collectors letter for v old wrong debt

[jim38curl]

Hi All, Got a bit of a problem that i was hoping someone with a bit of legal experience would be able to give me some advice on.

 

Approx 18 months ago i ended a mobile contract at the end of the 12 month term. I waited for the final bill and when it came it had the xpected amount on it plus the next months line rental.

 

I phoned 3 and explained the problem, they apologised, said it was a computer error, saw that i had ended the contract on correct date and told me not to pay bill until i had received a new bill with the revised amount on it.

 

Next month comes and i get the same bill with another months line rental. Same phone call, same apology, same wait til next month.

 

Next month same again.

 

This carry's on for a while then i get fed up making the phone calls and think to myself that i have done more than enough to try and stop this so if they want paying they'll have to sort it themselves. It wouldn't have been so bad if you didn't have to queue for 30 mins first then talk to an indian call centre where no one understands you, only for them to transfer you , then explain the whole lot again and again day after day.

 

Year Passes with no more bills.

 

Start of October 05 i get a debt collectors letter for £121.84 saying that i have to pay it, bad credit ratings are on the way etc etc.

 

Phone debt collectors and explain to someone the whole lot again. They tell me that they're acting under instruction from 3 so to phone 3.

 

Phoned 3, indian call center, lots of explaining and swearing. No help at all, tell me to phone debt collectors. Explained that DC are doing what they are being paid by 3 to do. Guy says he will transfer me to collections dept.

 

Call cut off

 

Phone back again several times, collections dept either closed or otherwise occupied.

 

Eentually get through to collections who tell me that i need to speak to some special collections people that will phone me back. I wait for a couple of days and nothing.

 

Phone them back again and am told that i have to wait for them to phone me. Explain that DC are threatening me with 7 days to take action and this is day 5 and i'm going abroad the next day. Ask if he can put me through to these people who access to my account details. No sorry sir, is the answer they don't take calls.

I ask if this is because they don't have phones and reply is no they just don't take calls, you wait for them to phone you. After lots of shouting and asking who the bloody hell they think they are.. i get no-where.

 

Phone DC explain situation and they put on hold for another 10 days while i'm away.

 

Get back and manage to speak to the elite collections dept with the special phone. Ask them to look back at the records to when i cancelled and to see how much i was billed after that. He comes back after 2 mins apologising and saying that instead of having one £95 credit i should have had 2.

 

Says he will phone or write to the DC and to wait for them to bill me correctly ( sound familiar ).

 

I wait

 

I wait some more

 

Phone the DC to see if they have heard anything, they havn't. They recommend that i pay the bill in full. I tell them where to go.

 

I phone 3. Manage to speak to elite collections that don't take incoming calls who say that i owe £121 i explain again, he changes this to £26 when he looks at the records correctly. I ask if i can pay him now but he says no as i have to pay the DC as it has been passed to them. I ask if i will be compensated for all the calls i have made and the time that it has taken and the stress that has been caused and he has the cheek to say that " we have already credited your account ". I start shouting again and tell him they have only given back what i didn't owe etc. He said he would write to the DC but to call back in 2 days time to make sure it had been done. I said no as i had had enough of making calls to them when it wasn't my fault in the first place and that he could phone me instead. He said no as there

was no chance that anyone would phone me ( which i could well believe ). So i told him that i would wait to here from the DC but under no circumstances was i going to make another call to 3. I then hung up.

 

Nothing for 2 weeks.

 

Today : Get a call from DC asking why i have still not payed the £121. Explain again what is happening and that 3 should have been in contact with them. They tell me that i should pay the full amount and get the rest back from 3. I tell them there is no chance and that they are going to have to take me to court.

 

Anyway, ( i got there in the end ) Does anyone know how i stand in this if it does go to court. I have no problem with paying the £26 odd that i owe but i'll be ******** if i'm going to pay money that i don't owe because they're trying to intimidate me with their DC letters. If i go to court i'm hoping it will end up with 3 looking like the incompetant fools that they are but i don't want to end up with any of it coming back on me and me having to pay court charges or whatever it is you have to pay as i do still owe £26. Also, would i be compensated for lost time, calls, earnings ( i took a day off work as holiday to try and sort it out as well ), day in court etc if i was found to in the right ?

 

Thanks for any help,

 

Jim.

[Enzo]

Jim, I am not in any way shape or form legally qaulified but----

 

1. Get in touch with OFCOM I think they are the governing body for comms companies.

 

2. A quick call to the Citizens Advice bods will be another step.

 

 

If you do go to court, try and take a list of all calls and what was said(to whom if possible) as a record of your attempts to sort this holy mess out.

If possible, get legally represented (brief((legalised grave robbing, pocket liners))).

 

This has just reiforced my belief in PAY AS You Go!!!

 

Enzo

[mossy835]

stick to pay and go cant go wrong.

[jim38curl]

Thats what i'm on now. To be honest was never worthwhile anyway. Was getting 500 mins and using around 80-100 of them. Complete waste.

[digger]

jim,i had almost exactly the same happen with a credit card company.i settled my account and tore up my cards and they insisted i owed money,which i didnt.

after the usual letters and phone calls to call centers abroad i started each call by telling them i was recording the conversation for legal purposes.

a debt collection agency was assigned to retrieve the alleged debt and they were worse than useless.

the long and short of it is they took me to court and were laughed out of it,the card company had admitted error by letter.

bottom line is dont let them intimidate you,when they threaten you with court do as i did and say "ok,see you there"

hope it works out for you :thumbs:

[jim38curl]

Ok thanks for that Digger. Guess i need to stop being stubborn and phone 3 and gat something in writing. Taped conversations are a good idea as well in case it's all denied. The times i've phoned i've been worried incase they change their minds again and go back to the original amount. If i had it taped i guess i wouldn't have any problems.

 

Were you compensated for phone calls etc ?

 

Jim.

[digger]

i was,and for the stress.it was made clear that i had proved them wrong and the repeated "system error" or "mistakes in handling the case correctly" were no excuse on their part.the case was found in my favour because a massive company thought that i would pay under duress.what worries me is the amount of people who will pay rather than fight their corner so these huge companies swell their coffers. :<

small claims court judges are not like crown court judges,they are people like you and me who are in touch with reality.

[lurcherboy]

I had a similar problem with TVX, the soft porn channel on sky, they 'collected' money from a previously held credit card that I had. Surprise surprise, it was knocked, so they put them debt collectors on me.

Knowing that I had written to them informing them that I had no longer wanted their services, I let them continue with the debt collectors. Went to court a few months later and pointed out to the judge that they were collecting for a service I no longer recieved. I got the judgement and they lost.

 

Sent them a card shortly after that said, with condolence's, never got a response :thumbs:

 

 

 

LB

[jim38curl]

i think these companies get too big and can't cope, well can't provide a decent service to 100% of their customers anyway.

[Gemini]

I don’t think your own taped evidence is admissible in court because it can be compromised. This is why the police have to make sealed copies of any taped statements.

You must send a written letter or email and get their answers in writing, that way they can’t deny anything that they may have said on the phone.

G.M.

[highdowns hunter]

Write them a letter explaining all the facts and enclose a cheque for the 26 Quid which you owe, Copy the DC with the same letter and ask the DC to sort out the problem with 3,

Also add that if they hassle you anymore that you will be taking them to court for intimidation

[SNAKEBITE]

I had a similar problem with TVX, the soft porn channel on sky,

You are more of a man than me for admitting to that!! :thumbs:

[jim38curl]

Thanks guys. Must admit if i can get something concrete will happily go to court just for a laugh at their expense.

 

Jim.

[lurcherboy]

I had a similar problem with TVX, the soft porn channel on sky,

You are more of a man than me for admitting to that!! :thumbs:

Had to cancel it as my eyesight was failing...........FAST

 

 

 

 

 

 

LB

[henry d]

Must have a braille keyboard now :thumbs:

[SNAKEBITE]

My eyes are bad enough now, I wouldn't stand a chance.

[Axe]

Hi Jim, only thing I can add is to contact the Business Ombudsman they will be able to help you through this. If you do go to court it is advisable to to do so with a solictor. It sounds to me like your case is concrete, as far as I can tell the only thing they have which is ratther weak, is the fact you still owe the £26. I would imagine all but backhanded judge (did I say that) will vote in favour. These are just my opinions however.

[SNAKEBITE]

At the end of the day good old British justice will see you right.

 

 

 

 

............. hope you are not worried.

[jim38curl]

had a call from 3 when i got home to say that the DC had been informed by letter of the change to £26. Got to leave it for 5 days then contact them to pay. Could have been that easy but the stubborn streak suddenly struck and i told her i shouldn't have to pay it and i want compensation instead. Saw the other half roll her eyes so may have to pay though !

 

Cheers for all the help and advice.

 

Jim.

[SNAKEBITE]

Glad it is "sorted"

[MC]

Hi Jim,

 

I am also a bit like you and am stubborn, I personally would not let this go. It is THEIR mistake that has inconvenienced you. You have nothing to lose by taking them on.

 

I would start by sending letters by recording delivery and charge them for the privelidge (as they would you). Issue them with an invoice for telephone calls etc. Back these up with copies of your phone bills.

 

Give them 28 days to aknowledge your claim and then write to them again telling them that you will be taking them to the small claims court.

 

Chances are they will ignore you and then the law is completely on your side. Do not give in and you will win.

 

Cheers

 

MC

[jonno 357]

Use pay as you go. Cheaper in the long run

 

These 18 month contracts for the latest gadget phones 18month X £30

 

Jonno

[ronttuk]

go see a brief you can have 1/2 free with legal aid inc 1 letter

[Fisherman Mike]

Sent them a card shortly after that said, with condolence's, never got a response

:thumbs: Im suprised you didnt get a personal call from one of their Gorillas

 

 

Jim.... Contact BBC watchdog through their Website. Its just the sort of consumer situation they want to get their teeth into.... I bet the ******* sort it out pretty quickly with the threat of adverse national publicity...

 

FM.

[jim38curl]

good idea. Waiting to see what happens next. Have managed to pay the DC what i say i owe but in the meantime they have sent me a court letter. Just hoping that 3 still do not contact them so i can have a day out. Deadline to pay the full amount is this saturday.

 

Jim.