A bit of advice from PH lawyers please?

[Mannginger]

I am trying to update my old pay as you go mobile to a contract (trying to keep my old number)

During this process they have thrown up a problem on their accounts. In 2000 I ended my contract and ended up owing them £200 ish which was eventually went to a debt type company.

Now my memory is not 100% accurate, however I would remember having a £200 weight around my neck! Anyway a quick check with the debt company revealed as I suspected - I had indeed paid off the debt in 2 Cheques and they had a receipt on file for this amount
and had closed the file in 2000 as completely paid.

They kindly sent me a copy of the receipt which states that it's all paid off in full, many thanks etc etc.

I have written to the company with this information and yet they still believe that I owe them the money.

This is stopping me from upgrading my phone at the moment and, as much as I wish to stay with them, may prove too much for me to cope with, however that's not really the point - I don't want to have a company of this size believing that I owe them money and possibly playing merry hell with my credit rating.

What can I possibly do, more than showing them the receipt for payment (which I have) The bank account was an old one which I have since closed and I don't have the cheque stubs for the account anymore (thought I wouldn't possibly need them after all this time (hah!)

Many thanks for any help

A slightly frustrated

Phil

Edited in case I infringed name and shame guidelines


>>> Edited by Mannginger on Friday 18th March 14:44

[off_again]

I'm no lawyer but the burden or proof needs to be with them now. Although contractually you were bound previously, that has now been rectified and you have the corresponding proof to support this.

What you can do is gently indicate that it is the companies responsibility to ensure that data held on you is correct. It is blatantly not and they havent taken reasonable efforts to ensure that this is the case (you have proof of this, and even supplied it).

This means that you can, although often misused, use the data protection act in your favour. They have data on you - this data is incorrect. They are not upholding their responsibilities under the DPA and hence need to resolve it. As I suggested, gently suggest that they do this and say that it is in "their best interests to do so".

If this fails to get any action, some simple complaining should get some results. They want your custom then they better sort it out. Finally if this fails to get any results then threaten to use the data protection act to retrieve all personal information about you from them. This is a costly exercise for them (and something they really dont want to do). The retrieval of this information will allow you to see everything they have on you from all databases - and identify who was / is at fault.

To be honest it shocks and amazes me. These big companies are so quick to stop you from doing things under the DPA and even quite it incorrectly at you. But when it comes to their responsibilities under it, they are so quick to forget.....

[NickD]

You can sign up with a credit reference agency online (eg. Equifax) for approximately £10 and immediately see your scoring and details. Presumably this erroneous debt will show up in the document - if so, there is a process online where you can request Equifax to correct this who will do so for no extra charge following a bit of investigative work by them.

[parrot of doom]

You need to exhaust their complaints procedure, and then take it to OFCOM.

[Li'l pugs]

I would say that the debt recovery company should inform the original company that the debt they bought has now been paid in full.

[Nuggs]

parrot of doom said:

You need to exhaust their complaints procedure, and then take it to OFCOM.

Why? Won't they be subject to the same contractual/tortious liabilities as any other company?