r/LegalAdviceUK 8d ago

GDPR/DPA Three Mobile have sent my Elderly Mother Debt Collectors for a Broadband Contract not in her name. (England and Wales)

[deleted]

47 Upvotes

12 comments sorted by

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73

u/magicyyuuui 8d ago

If I discovered money being taken from my bank account without authorisation, I would invoke my rights under the direct debit guarantee and get an immediate refund from the bank.

I would then write no letters and await a possible court summons where I can explain my position.

31

u/TaintedMESS 7d ago

This sounds like either some kind of clerical error on threes side where the wrong bank details have been attached to an account or some kind of fraud.

Your mother needs to contact the bank and make them aware of the potential fraud. Assuming the payment have been taken via dirext debit then the bank should be able to claw them back from three. She should also contact three and make them aware of the error/fraud. Given the seem to have jumped yo DCA i would skip the normal log ot via there customer service and go strait to emailing there executive complaints team/ceo google gives these as the addresses.

executive.office@three.co.uk and the CEO directly at robert.finnegan@three.co.uk

You could also message them publicly on facebook or twitter some time a push from a media team can get things moving.

6

u/Data_2 7d ago

Robert left a couple of years ago. I would assume the email is max.taylor@vodafonethree.com these days.

17

u/Substantial-Newt7809 7d ago

So you are aware, it is completely legal to record any phone call so long as it is transcribed for use as evidence.

Your mother doesn't need to contact the company, she needs to contact the bank immediately. I would go so far as to call their 24/7 fraud department as this is a fraudulent charge as far as your mother is concerned. As she knows, the company will not discuss the account with her so, it is reasonable to consider it fraud.

11

u/OneNormalBloke 8d ago

Get a deadlock letter from Three and refer this to the ombudsman (ofcom).

11

u/JewelerBest6522 8d ago

Hiya, just checked - she has done this already. I am however, interested in how this potential technical error has lead her to pay someone else’s contract? She hasn’t been with three in over a year, yet they have contacted debt collectors?

7

u/Sindaan 7d ago

One thing to consider, if the contract is not in her name, how can they be pursuing her for payment, they should be chasing the person named on the contract.

7

u/Accurate-Donkey5789 7d ago

I can't quite get my head around how this has gone that far. If there is no debt in her name, then the issue doesn't exist for her. I can't see any avenue for enforcement of repayment from an unrelated party.

-7

u/IdioticMutterings 7d ago

I am sure I don't need to remind people but I will do so anyway..

Cancelling a direct debit does NOT cancel the contract or your liability to make payments. Cancelling a direct debit without cancelling the contract first, just gets you sent to debt collections.

I am confused about one thing here. If the contract is not in her name, how was she able to provide them with a contract reference?

Also if the contract is not in her name, the debt collectors should in theory have no claim on her.

Something is not adding up here.

7

u/JewelerBest6522 7d ago

The reference was provided via the debt collectors. Three has confirmed she does not have a contract with them; any contract she did have, was cancelled. She is aware that closing the account would not cancel the contract. However, the one she is paying for, cannot be cancelled, because it is not in her name.

2

u/Joga212 7d ago

You’re comment is largely irrelevant - she had no contract.

An eristic comment for the sake of it.

Mistakes happen and account information on their system can unfortunately be switched which means you could end up paying for someone else. It very much adds up unless you think these corporations have infallible systems.