Advice needed URGENTLY

[devans414]

Need to know where I stand please...

I have had debt collection letters through from an agency appointed by a mobile phone company. These are for a contract that was cancelled 3 days after receiving the phone, the (shortened) story goes something like this…

In November I took out a phone contract with a mobile phone company for an iPhone 4. 1 week later the phone arrived, we charged it and put the sim card in, unfortunately when we tried to make phone calls you couldn’t hear the person on the other end and they couldn’t here you even though the phone was connected.

I called the phone companies call centre (in India)   and told them of the issues, after approximately 4 hours of 'testing'   and getting passed around departments   they agreed that the phone was faulty...onto yet another department.

Them : Ah yes Mr Evans, we will order you a new phone, delivery will be in 4 weeks.

Me : Ha ha, 4 weeks....really?

Them : Yes that is true, there are no iPhones available until Dec / Jan

Me : Unfortunately my wife needs her phone, there is no way she can go 4 weeks without one

Them : Well think of it as an early Christmas present when it arrives  

Me :  

Them : OR you can have a different phone, how about…

Me : (interrupting) No, I don’t want a different phone, I would have ordered something else if that’s what I’d wanted originally

Them : But we could do you a good deal…

Me : (interrupting) How come it is still available on your website?

Them : Well sir that is for new customers only, if you want you can cancel and take out another contract  

Me : FINE, I will cancel…

Anyway to cut a long story short, I cancelled the contract, sent the phone back and they refunded me the £90 for the phone.

In December we started getting calls off them (3 or 4) demanding £35 payment, every time they eventually acknowledged that it was an error and that was that. Now in January we have had a letter through from a debt collection agency that they have appointed requesting the money. A phone call to them today has revealed that there is another ‘unpaid’ month that we will be billed for. The debt collection agency said they have to chase the payment, as far as they are concerned we need to pay it, the phone company have today said that we have to pay it as phone calls were made  

My questions are :

1. Will this affect our credit rating?

2. What can I do now?

My wife is in a state about it, as the contract is in her name she is getting the letters and phone calls. The charges are up to £90 now and are only set to increase, please help! Any experience of similar issues or ideas would be of great help.

Many thanks in advance.

[SteveD]

speak to simon tree's at else solicitors ,he has done well for me ,and addvice costs nowt ,steve

[Norman Verona]

Calm down.

I would suggest you write back to the collection agency and state that the contract was cancelled due to the supply of faulty goods and the inability of the supplier to replace the faulty phone.

Also state that you would welcome a CC summons as you will then be able to counter claim for the loss of business due to being supplied a fauly phone and the week it took to get a replacement.

ed to add that it will only affect your credit rating if they get a judgement against you AND you don't pay the award.

No matter what they tell you you will not get a CCJ without knowing about it. They must serve a summons and if they do, you must enter a defence. Whilst there's no gaurantee you'll win based on what you have said you should win. District judges tend not to like bully tacticts like this when they are not justified.

[thos]

I had something similar, but refused to deal with the debt collection agency and instead went direct to the original provider and asked for the issue to be resolved.

The debt collection agency just want the money and that is there incentive. I dont think they are interested in any other outcome. Dealing direct will at least give you more options, and if you need to pay-up then at least the debt collectors wont get a cut.

[dombanks]

swmbo had something similar. near renewal she got the usual "we are an orange opointed seller its your renewal time......" phone call. the deal was good on the phone she wanted so she took it. everything seemed ok until she started getting bills for both the new and old phone from orange.

turns out the call was from a 3rd party company not orange themselves. the company did not cancell her original phone as it was her responsibility to do it with orange.

to cut the story short she was pursued for a couple of months tarif and in the end she had to pay it. she made a massive complaint about it and got a some good will back but it wasnt much. it was a right kick in the face but the amount wasnt huge ~£70 and it all went away with no damage done.

edt: readint thos's post i dont know if she paid orange or the debt company, i susupect orange as it was them she went to when she got the bills etc.

[Carl]

QUOTE

I would suggest you write back to the collection agency and state that the contract was cancelled due to the supply of faulty goods and the inability of the supplier to replace the faulty phone.

Also state that you would welcome a CC summons as you will then be able to counter claim for the loss of business due to being supplied a fauly phone and the week it took to get a replacement

The debt collectors wont want to know. They bought the debit and just want the money.

They'll just ignore you, keep sending letters and ramping up the charges.

Check with CAB or a proper solicitor to get some advice.

[devans414]

Thanks all for the replies.

Makes me so   , bullies is what they are! Now SWMBO is upset I feel I must kick some  

I do not agree with it, but in the long run am I just better paying up to avoid all the hassal and stress and possible credit rating issues against me?

       

[Norman Verona]

Carl, f the debt collection agency ara aware you will defend and may even counter claim they will report it to the principle.

This has always worked for me and having done this a few times I've heard no more.

Devans, you seem to be under the impression that you will have your credit rating affected. Your credit rating will only be affected by a CCJ and you will not get that without a County Court action.

They are working on your fears which are unfounded. If your facts are correct (and full) then tell them you will defend and counter claim (and why)

[stephenh]

Devans, why dont you just do what Norman (nverona) has suggested? His reply is spot on.

[perksy]

They're not going to come here and repossess your engine are they Mate                      

Seriously though Don't worry, Some really Good info' given above          

[Pew]

Do as norm says...

[mark.anson]

Devans, why dont you just do what Norman (nverona) has suggested? His reply is spot on.

Good advice. Take it.

just make sure you write down and keep a written record of ANY contact you have with the debt collection people or the phone company.

[adamnreeves]

True what Norman said. I had a long on going dispute with a mobile phone company. I cancelled the contract after 12months in writing and also sent it recorded delivery and got it signed for.

Still months later I got hounded by a collection agency. I told them and wrote to them on numerous occasions over a 24month period and they just kept sending letters and adding charges. The last occasion they wrote to me they said they would take me to court and I wrote to them and saying fantastic news, I look forward to the day in court when I make them look inadequate with all the case history I have in my favour.

Did not have a reply for about 12months then I had another collection agency starting writing to me about the same debt! so I did the same. Went quiet for a few months then I had a solicitors letter giving me notice of intention of taking me to court. Struth. I decided to call the solicitor directly and explain all this and that I literally have a lever arch file full of correspondence. He asked me to send a copy of this, which I did and touch wood not heard anything for 12months now.

Quite frustrating. Hope you don't have all this hassle.

[XTR2Turbo]

Adam - is Mr January 2011 a snowman or are you referring to the wscc calendar and your avatar has gone missing - hopefully not censored :-O

[GreigM]

As people above had said, don't worry.  The debt collection agency have no teeth unless they have a CCJ, and they won't get that - it would be laughed out of court and you could make a counterclaim for costs.

If they keep phoning, just keep saying it is a mistake by the phone company and you consider this harassment and look forward to facing them in court.

Then WRITE a letter to the phone company (don't phone/email) demanding an explanation for the continuing error and state you want written confirmation that no debt is owed within 14 days - that should focus their attention.