DCA and Mobile Phone bill

[WendyB]

Had a call from a DCA chasing an outstanding (they say) debt from Carphone Warehouse. I'm sure there is no debt outstanding, so asked the DCA to send copies of relevant paperwork. He stated it was up to us to ring CPW. Told him that as they had purchased the debt and were now chasing it, in my opinion it was up to them to provide evidence of it. Also told them they needed to provide me with c copy of the CCA, which I now belive, from reading other threads, is not correct.

Whats the best way to proceed here? I have told them I will be putting this in writing to them and they should class my account (if indeed there is an account) as being in dispute and stop the harassing phone calls.

Thanks

[Guest]

The Consumer Credit Act 1974 does not apply to mobile phone contracts. However, they are still required to provide evidence that you do owe the money. Furthermore, not all DCA's buy debts, they could be acting on behalf of CPW. Nontheless, they should still provide you with proof of some kind that the money is owed by you and that they are authorised to collect it.

As for the telephone calls, use the letter here.

http://www.legal-beagles.co.uk/forum...nt-letter.html

[iancognito]

I would write to CPW querying the debt and so putting the account in dispute, then tell the DCA to refer the account back to CPW as it is in dispute.

The account won't be covered by the CCA but that doesn't mean they don't have to prove there is a debt.

If nothing is forthcoming, you can still send them an SAR under the DPA.

[WendyB]

Thanks, I'll write to CPW along those lines. Account is in hubby's name (although it was my phone) so the muppets won't talk to me. Just remembered, if we allegedgly owe them money, why did they pay us back the redemption/special offer thingy of £90 for 6 months half price line rental? Surely they would have taken this off the balance?

[theGobbyOne]

No they dont wendy as the offer is independent of your bills ................Wella t least my ofer with another phone company was.

[cinders]

Re: DCA and Mobile Phone bill

any news on this wendy?

x

[WendyB]

Re: DCA and Mobile Phone bill

No, to be honest haven't written to them yet - pc out of action at home so have to be careful at work when the boss is in! In the meantime have had LBA from them. Pay up in 7 days or else.

Boss going out later so am going to do aletter requesting copies of bills etc and copy this to DCA to make sure account is in dispute. Will definitely do it today!!!

[WendyB]

Re: DCA and Mobile Phone bill

Was thinking of sending this letter, what does anyone think?

have contacted CPW who say they can't arrange a payment plan, it has to be done through the DCA. Have emailed the DCA offering them 10 quid a month and giving a "true" statement of income. Thought this would do as well....

I am writing with regards to the recent Letter Before Action received on 13th August 2007.I consider this debt to be in dispute as your office, despite a request from myself, has not provided me with any breakdown whatsoever as to how this debt is made up. May I respectfully remind you that as the purchasers of the aforementioned debt, it is your responsibility to provide details of the debt, and as such it was quite inappropriate of the gentleman who contacted me by telephone to suggest that I myself should contact Carphone Warehouse and ask for details of the amount outstanding.

According to yourselves , the amount outstanding on the account is £xxx, which will remain in dispute until a breakdown of charges has been received from yourselves.

As this account is in dispute, I suggest that the case is passed back to its originator, in this case Carphone Warehouse. If you are unwilling or unable to do this, then please be advised that any further communications should be in writing, not by telephone. I DO NOT give you permission to contact me by telephone, and request that my telephone number is removed from your records immediately.

However, as a gesture of goodwill on my part, I am prepared to pay an amount of £10.00 per month, starting upon receipt from yourselves of a full breakdown of the amount outstanding. If full details are not received within 14 days from the date of this letter I will consider that there is no proof that the debt exists and will make no further payments.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

[WendyB]

Re: DCA and Mobile Phone bill

And just for good measure (thanks Jan) have printed off the relevant bits of the OFT guidance and highlighted them for sending with the above letter, adjusting the last paragraph accordingly. Gonna take it home for himself to sign then post tomorrow.

[WendyB]

Re: DCA and Mobile Phone bill

Emailed DCA the other day, gave em a statement of income, offered 10 quid a month. Also sent a letter as above. Have had a letter today accepting offer of £10 a month, no proof of bills, but have phoned Carphone Warehouse and gone through it, and i do actually agree the debt is due, so am gonna pay up, at least its another one out of the way.

I think Frederickson International must be the new flavour of the month as far as DCAs go, cos they're also chasing me for Tiscali and Powergen. Frederikson staff are so vile that I fully intend to query both debts just to get at them. Childish i know but satisfying

[pam1]

Re: DCA and Mobile Phone bill

Childish i know but satisfying

Not atall i do exactly the same, there is alot to be said for a nice attitude and some respect. I pay anyone sooner when some of it is shown.

If a dog wanted to bite me on the ass, I would shove me foot in its mouth first don't see its any different.

[strangewayofsavin]

Re: DCA and Mobile Phone bill

My appoligys for asking, but if you realy believed you did not owe this debt, why did you offer £10 A MONTH, This could be debt acknowledgement in a court of law?

[WendyB]

Re: DCA and Mobile Phone bill

Well I didn't think we owed it, but after I'd phoned Carphone Warehouse, and spoken to a very helpful chap, who went through all bills, statements, payments, everything, it turns out that I agree we actually do owe it, so decided to pay up.

[WendyB]

Re: DCA and Mobile Phone bill

I should add that I phoned CPW before I emailed DCA, thats why I offered the 10 in the email. Sorry, looked as if I'd offered the money before I agreed the debt, didn't mean to confuse anyone.

[WendyB]

Re: DCA and Mobile Phone bill

My letter above to Frederikson produced the desired results, have had a letter from them this morning saying account has been put on hold and they are querying it with the original creditor. When they said they couldn't do that in the first place - huh!
Hopefully I've confused them enough to go away lol.
Am now going to send the same letter in response to their Powergen and Tiscali threats.