Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

Help please. Letter from debt collectors

14 replies

3littlefrogs · 31/12/2011 10:08

I have had a letter from a debt collecting company regarding a mobile phone contract. I last had a contract with this company over 5 years ago, it was cancelled years ago, and I have heard nothing since.

I now get this letter out of the blue saying that my phone has been disconnected due to non payment and unless I pay the £80 outstanding, I will incur an early termination fee and a default on my credit file.

I am not bothered about the diconnection - I don't have a phone or an account - but I am annoyed about the potential default on my credit rating.

Is there anything I can do?

I have spoken to the agency on the phone and they agree that one part of the security/identity information isn't correct, so I think it is a mistake.

TIA

OP posts:

toddlerama · 31/12/2011 10:09

Is it 3 by any chance? I ended up just paying it so they would sod off tbh.

mrspnut · 31/12/2011 10:11

Contact the mobile phone company in question and get them to sort it out. If they haven't contacted you for 5 years then it's likely that you don't owe anything.

Don't just pay them off, these debt collection agencies have no powers without a CCJ and most of the time they are just chancers.

JustHecate · 31/12/2011 10:12

ignore it. For god's sake don't say anything that could be interpreted as an admission of the debt. If they carry on, ask them to prove the debt, with your signature or something on an actual agreement, give you the details eg the number, copies of bills, when it was terminated etc and then finally tell them that you do not acknowlegdge the debt and you suggest that they take you to court.

There really is nothing to fear. These companies buy old debts and rely on people being afraid of going to court. Just tell them that it isn't your debt and to take you to court, where they will have to prove to a judge that this is your debt.

That's what I have done, and it has worked. I am just giving you advice based on my personal experience and not from any professional knowledge.

Original poster

3littlefrogs · 31/12/2011 10:14

The trouble is, if I pay it, presumably I will end up paying the monthly fee forever, unless I can prove it isn't my phone/account.

I also don't want to have to pay an "early termination fee" for an account I don't have.

I can't check the account number because I no longer have the paperwork for the original contract as it was so long ago.

OP posts:

Original poster

3littlefrogs · 31/12/2011 10:15

Sorry - Xposted.

OP posts:

ginmakesitallok · 31/12/2011 10:31

Ignore it - look on martin Lewis moneysaving site for more advice (sure I've read stuff like this on there before)

GlaikitFizzEggNog · 31/12/2011 11:41

My sister has just been refused a mortgage because she owes o2 £13 on an account closed over 2 years ago that she thought was paid in full. Keep an eye on youth experian report. my sister is just waiting gore it to come off hers before applying again. she lost out in the flat she wanted though

RedHelenB · 31/12/2011 13:37

Your bank statements would show you had paid the full 2 years/12 months whatever the contract was for.

sneezecakesmum · 01/01/2012 19:33

early termination fee is the same as paying the monthly fees....only all in one go if carphone warehouse is anything to go by!

Get proof from them, you can always amend your credit history if it shows an inaccurate default

CarrotsAreNotTheOnlyVegetables · 02/01/2012 00:34

Have you considered the possibility that this account has been set up by fraudsters in your name without your knowledge?

For this reason you should follow it up, tell the phone company you do not have an account with them and that you suspect identity theft, and make sure they follow it up and take this account off your credit record.

Honeydragon · 02/01/2012 00:44

It's not down to you to prove you don't owe it its down to them to prove you do.. you have not acknowledged the debt as yours as details are wrong. You know you cleared and closed it. After 5 years it is statute barred.

I suspect an internal error meant it was never properly closed nor followed up and it has been sold in a large batch to a debt collecter. Advise you don't believe it is you and if it is you than ask them to send your original contract and paperwork. They should give up.

shakeitright · 02/01/2012 06:58

Its six years for Statute barred debts not 5 years,that might be why this company has swung into action now.There is a lot of advice on dealing with DCA(debt collection agencys on the Comsumer Action group website

Honeydragon · 02/01/2012 09:54

Sorry I misread the op and thought they'd ended the contract over 5 years ago.

Original poster

3littlefrogs · 02/01/2012 10:42

Thanks everyone. I can't remember exactly how long ago I ended the contract, but it must be at least 5 years. They say in the letter that they have suspended the mobile phone - but I haven't used that phone/number for over 5 years, so I don't understand how they would have just suspended it now????

When the debt collection company rang me I told them this. The letter may well have been posted before they phoned me.

OP posts:

Flip