Help with DCA needed pleeeease !!

[spartacus9]

hi everyone,
its been a while....can anyone offer sound advice on the following: just a bit of background...approx 4 years ago, my partner had a phone contract with 3mobile. She then subsequently transferred to Vodafone whilst still owing approx £40 odd to 3mobile. Vodafone assured her that the debt would be transferred to them.
The situation now:she is receiving demands from Red Debt Collection Services on behalf of Lowell Portfolio Ltd. Each letter she receives, the amount demanded is higher. She was sent 2 letters, both dated 17/4/2012. one asking for £144+, the other for £291+.
Can anyone offer any advice? I would like to fuck them off completely as she is getting stressed and cannot afford to pay these ridiculous demands.
I have trolled through the forum but find it all a bit hard to understand.

[spartacus9]

still with vodafone and hasn't written at all to the DCA, she binned all the previous letters though

[spartacus9]

Forestnymph, a thousand thank you's for your input.
Do I ask for the deed of assignment in the same letter? Or is that covered in the letter(which is Greek to me lol)?

[spartacus9]

i don't know if this is relevant, but the name on the letter was addressed to 'Mrs' (incorrect) and the christian name also not quite correct.
Any idea what their response might be? And where it will go from there?
Was wondering as thinking of no contract etc or just ignoring...I'm a babe in the woods with this stuff.

[spartacus9]

ok
Thank you muchly for all your advice FN

[ratbikerider]

Lowell are a purchaser not a collector, red is their in house bullies.

I thanked them for paying my O2 "debt" and told them my fees for contacting me.

No contract with me, claimed original contract was what made me liable to pay, however original contract would no longer apply if the balance was paid. I can send you the letters I have sent them, just change them a bit so they aint identical.

I may post modified versions in the templates section

[startfresh]

i had loads of trouble with 3 mobile and i just payed them and was happy to get rid,take the bill to voda,freshy

[jg131]

Hi,

Firstly if you've willingly run up a debt , you should pay as it's the honorable and right thing to do....as for the DCA letters under no account admit over the phone you are liable for the debt , and never say "well I can afford to pay x amount each month " ect......this means you've legally admitted liability.

When you receive a letter from a DCA in bold letters at the top write " IN DISPUTE " and take a photpcopy then return the original with a cover letter stating you are trying to sort the situation out with the original creditor.....By writing "IN DISPUTE" and returning the letter ( always recorded delivery ) this removes any recourse the DCA might wish to take ...IT STOPS THEM DEAD IN THEIR TRACKS...

If they then continue to contact you you can sue them for "Harassment" , also if they then put a bad note against your credit score you can sue them for "Defamation ".

It probably is a good idea to keep them informed via email , letter etc with your dealings with the original company you had the debt with ( emails are good as this provides legal copy proving you are not ignoring the situation ) remember Honor & Dishonor.

Its a shame the debt wasn't 6 years or older , in this case the debt becomes " Statute Barred " and you cannot be legally chased for it.

Bottom line is , if you owed the £40 in the first place offer to settle the £40 with the original creditor ( how were you to know you owed it ......nobody had contacted you ) then tell the DCA that the Creditor had made the mistake and you have settled with them , and the DCA can bugger off ( politely of course ).

All the best

jg

[spartacus9]

Hi and BIG thanks to everyone for their posts.

ForestNymph: Used your letter info and got this in reply (this is the relevant bit, or too much typing lol).

.....following investigations we have concluded that the debt is not linked to you. As such we have removed your personal details from our data base.
"We would recommend that you contact the credit reference bureau to review your credit history, as your address was identified following a search of these."

So a good result , thanks again