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Re: Three Mobile - County Court Litigation Proceedings
I think the new offer as above by Lotte is now £167 + £50
To clarify Lotte, you filed a defence against the claim issued by the Solicitors and now they have withdrawn that claim and are instead attempting to negotiate a settlement?
I am not well versed in debt collection and debt being sold on but when a debt is sold on by a company, surely there is some form of paperwork involved? i.e. to confirm the debt has now been sold and surely also how that amount has been calculated? It is all well and good 3 mobile selling an amount but if there is no proof as to how the amount has been calculated how can one issue a claim - anyone can pluck a number out of thin air and say that is what the person owes but how do you know if it has been correctly calculated and what potential charges have been added that shouldn't have been.
If 3 mobile don't have the paperwork anymore particularly the contract then without that i can't see how they can enforce such an amount without showing how they came to that decision.
Sent a SAR request to 3 mobile and received anything back? One of the questions you could ask is maybe a printout of when your account was accessed by someone. Now I know for example Sky use a system which records a footprint of someone accessing an account regardless of whether anyone has left any notes. On the flipside, Orange have a system which does not. If they can supply you with that then you could cross reference your phone records with the times and/or dates it was accessed and argue from that no notes were left despite the fact you called them. If these calls fall within the time of when they were fined for failing to capture any information when a customer calls then I would say your case could be strengthened.
Are these still on your credit file and I assume these are from the previous debt agencys that have bought or passed on the debt? If so, then I'd request to have them removed as under guidance from the ICO albeit in 2007.
£330 repaid over 12 months is only £6.00 a week
To clarify Lotte, you filed a defence against the claim issued by the Solicitors and now they have withdrawn that claim and are instead attempting to negotiate a settlement?
I am not well versed in debt collection and debt being sold on but when a debt is sold on by a company, surely there is some form of paperwork involved? i.e. to confirm the debt has now been sold and surely also how that amount has been calculated? It is all well and good 3 mobile selling an amount but if there is no proof as to how the amount has been calculated how can one issue a claim - anyone can pluck a number out of thin air and say that is what the person owes but how do you know if it has been correctly calculated and what potential charges have been added that shouldn't have been.
If 3 mobile don't have the paperwork anymore particularly the contract then without that i can't see how they can enforce such an amount without showing how they came to that decision.
Sent a SAR request to 3 mobile and received anything back? One of the questions you could ask is maybe a printout of when your account was accessed by someone. Now I know for example Sky use a system which records a footprint of someone accessing an account regardless of whether anyone has left any notes. On the flipside, Orange have a system which does not. If they can supply you with that then you could cross reference your phone records with the times and/or dates it was accessed and argue from that no notes were left despite the fact you called them. If these calls fall within the time of when they were fined for failing to capture any information when a customer calls then I would say your case could be strengthened.
This debt has been passed to numerous debt recovery companies and having checked my credit on Experian Credit Expert it shows more then 8 defaults which has effected my credit history.
The ‘sale’ or assignment of debts on defaulted accounts
52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.
53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.
54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.
52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.
53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.
54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.
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