Nuisance Text Messages

[endure]

How long is it since you last acknowledged the debt in any way? Debts become 'statute barred' after 6 years (5 in Scotland) and, although legally you still owe them, the creditor can no longer collect them. If you're certain that it's 6 years since you last paid anything just tell them it's statute barred the next time they call.

if you want more info and advice go here:

Debt Collection Agencies

 

[Roadster280]

It seems the goal currently is just to get Lowell to stop contacting you about the fraudulent debt they purchased.

I'd be tempted to sign up for Twitter and tweet them, the marketing team will not want their page cluttered by things like "This company is hounding me for payment of money alleged to be owed against cellular usage on a stolen iPad. The Police report number is 123456 dated 01 Jan 08, Trumpton Police Station. Despite explaining all this to the call centre droids, they continue to behave like I owe money. Perhaps somebody with more authority than the toilet cleaner could contact me to resolve this."

Or same shit on Facebook. Just don't libel them.

 

[rgjbloke]

Where you in a contract for said SIM, even if it was stolen? If so, they usually cancel nicked one, send a replacement, thus honouring their side of the contract.

I would have expected that but it didn’t happen. They only had to stop the first one and send a replacement but they never mentioned a replacement. I had the final word though because this sorry saga cost them three contracts because as they ran out one by one, I changed to another provider.

 

[endure]

Telling them it's stature barred (if it is) will demonstrate to them that you know what you're talking about and will shut them up.

 

[_scranbag]

I would have expected that but it didn’t happen. They only had to stop the first one and send a replacement but they never mentioned a replacement. I had the final word though because this sorry saga cost them three contracts because as they ran out one by one, I changed to another provider.

To be fair to you, it isn't unheard of for lazy/tired/incompetent staff to not cancel stolen sims or phones or believe that they had done so when they didn't etc. I had to deal with a few horror stories where the supposedly cancelled one was still in use.

 

[rgjbloke]

How long is it since you last acknowledged the debt in any way? Debts become 'statute barred' after 6 years (5 in Scotland) and, although legally you still owe them, the creditor can no longer collect them. If you're certain that it's 6 years since you last paid anything just tell them it's statute barred the next time they call.

if you want more info and advice go here:

Debt Collection Agencies

I’m not worried about the debt because it’s long past the statutory barred date. It was only seventy quid. It was more a point of principle. I just think making them have to stop texting me will be the final poke in the eye to them.

 

[thegimp]

some mad but fit bird I fucked in 2001 in Australia has been messaging me random acts of nudity. completely unsolicited by myself, not even a knob shot has been sent.

Anyways she has just messaged a stream of consciousness about her boyfriends suicide today. Apparently an intended overdose of smack last night

Its spoiling my good vibes.

How long before I can ask her to get on the filthy selfies again?

 

[shiny_arrse]

some mad but fit bird I fucked in 2001 in Australia has been messaging me random acts of nudity. completely unsolicited by myself, not even a knob shot has been sent.

Anyways she has just messaged a stream of consciousness about her boyfriends suicide today. Apparently an intended overdose of smack last night

Its spoiling my good vibes.

How long before I can ask her to get on the filthy selfies again?

You know the rules.

 

[Gardner6LXB]

I had this in June. Phone EE & they will block the number at their end. That’s what O2 did for me anyway.

 

[Old Stab]

Tell them that the debt is statute barred, and that you want no further correspondence via any means, email, txt , or in person. File a complaint of harassment with the police against the company and once they have been served the harassment notice if they contact you again, the offence is complete.

 

[tommikka]

This isn’t a true nuisance call as it’s a ‘genuine’ debt bought by the company, things such as data protection / GDPR don’t prevent them using your information
(Data protection could apply to EE due to inaccurate records in the first place and failing to close the account)

As you’ve been binning correspondence along the way won’t really be statute barred as they have been communicating the debt periodically

Write to the debt company and EE with a summary of the original circumstances and your original efforts to get EE to act

 

[endure]

As you’ve been binning correspondence along the way won’t really be statute barred as they have been communicating the debt periodically

That doesn't matter. In order for the debt to still be outstanding the debtor has to acknowledge it. The only way to do that is to either admit to it in writing or make a payment.

 

[tommikka]

I had a similar thing for my mother with Vodafone a couple of years ago.
I was involved in 2015 emailing and writing letters on her behalf which took a year to July 2016 for it to be finished with and for her to receive compensation in her bank. It had begun in 2014 or earlier

There was no theft, just closing an account shortly before the final date, she gave them notice and it should have closed as at the expiry date, but they didn’t stop it.
She checks her accounts so found out another payment had been taken and called them back. This second time they successfully stopped the account, but never got the admin right for the original notice and the Vodafone system kept her listed in debt for an extra month
It would go away for a while then a debt collection company would contact her, they didn’t buy the debt so were acting on Vodafone’s behalf. We managed to get the debt collection company to keep rejecting the debt and refer back to vodafone
Vodafone would end it and annotate the account but never remove the debt balance, so it would trigger a month or two later and start all over again
We had giant chains of letters and emails with a debt company, the ombudsman, customer services, accounts, the Vodafone CEO and their PA. As noted above it took over 2 years for them to clear it off the account

As the have spoken to call centres and never had the account stopped, didn’t monitor what was being paid and only ended up by not paying there is a ‘valid’ debt in place and it now looks like they are making excuses to not pay a debt they have ignored

 

[Egg on Leggs]

I vaguely remember, I could be wrong, that for these companies to take you to court it is not sufficient or them to simply present "a debt", they have to present the detail of what the debt is.

 

[tommikka]

That doesn't matter. In order for the debt to still be outstanding the debtor has to acknowledge it. The only way to do that is to either admit to it in writing or make a payment.

It doesn’t automatically become time barred by ignoring, it can be kept alive by their letters that get ignored - but it can affect what legal action they can take

The best the OP can get by ignoring or writing and saying it is not acknowledged & time barred is to have the ‘debt’ written off
An alternative is to have it acknowledged that EE failed to close the account in the first place and some compensation paid for the harrasment, incorrect credit records etc and EEs failure to update data

 

[endure]

It doesn’t automatically become time barred by ignoring, it can be kept alive by their letters that get ignored - but it can affect what legal action they can take

If you don't acknowledge a debt for a period of 6 years (5 in Scotland) and the debtor doesn't apply for a County Court judgement the debt becomes statute barred. Acknowledgement of the debt requires either an admission in writing that you owe it or the making of a payment within that 6 year time frame.

Once the debt is statute barred the debtor cannot bring proceedings against you in the County Court. They can write and tell you that you still owe the money, which you do. They cannot force you to pay it.

If you want some real advice go to the link in my earlier post. The Consumer Action Group deal with low life DCAs (Debt Collection Agencies) all the time.

DCAs are NOT bailiffs. They have no legal powers. The are not the 'Can't pay we'll take it away' mob.

They buy debts that no-one else wants for pennies in the pound and then try and frighten people into paying up in full. Bastards to a man (and woman) are they.

 

[endure]

I vaguely remember, I could be wrong, that for these companies to take you to court it is not sufficient or them to simply present "a debt", they have to present the detail of what the debt is.

Yes they have to prove that you owe the money by producing original paperwork. They can't just say you owe them money without being able to prove that you do.

 

[Krazy_Ivan]

some mad but fit bird I fucked in 2001 in Australia has been messaging me random acts of nudity. completely unsolicited by myself, not even a knob shot has been sent.

Anyways she has just messaged a stream of consciousness about her boyfriends suicide today. Apparently an intended overdose of smack last night

Its spoiling my good vibes.

How long before I can ask her to get on the filthy selfies again?

Turn up at the funeral, what with the boyfriend being dead and that whole sex/death thing - she'll be wetter than an otter's pocket.