Mobile Phones Not Covered By C.C.A

tun81

Hi all,
I've seen from some of the earlier post's that some of you were not sure if mobile phone contracts are covered by a C.C.A . I can tell you for definite that they are not but the good news is they are covered by [FONT='PrimaSans BT,Verdana,sans-serif']a hire agreement. Below is a email that I sent and the response that I received from the Office of Fair Trading when I enquired about the above:

[/FONT]From:
Sent: Wed 13/08/2008 12:00
To: enquiries@oft.gsi.gov.uk.
Subject: mobile phone contract


Dear Sirs,
I'm currently in dispute with a debt collection agency other an alleged outstanding balance on a mobile phone contract, well basically they are saying that the original contract was for 18 months when i disagree and believe that it was for only 12 months.

I have wrote to the debt collection agency and asked if they could then provide me with a signed copy of this contract for 18 months, which they have refused but every time i speak to someone for the DCA they also seem to come out with a different reason why they cant e.g.
1) the contract can only be produced in a county court
2) I have no right to a copy of the original contract signed by myself

Looking throught the oft debt collection guidance theres a section that states:
"2.2 Examples of unfair practices are as follows:

e. failing to provide debtors or creditors with information on status of debts, e.g.
not providing requested balance statements when reasonably requested
"
and i was wondering if this would apply to my request from the DCA, if so would you be able to advise me on the best course of action in obtaining a copy of the original contract.

Responce Email

Direct Line
(020) 7211 8000
Our Ref
Epic/Enq/E/41410
Fax
(020) 7211 8626
Date
29 August 2008
Email
enquiries@oft.gsi.gov.uk

Dear

Thank you for your email received on 13 August 2008.

For your information, the general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence. We understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

We note your concerns that in the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

Unfortunately, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Should you require specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser.

The Office of Fair Trading (OFT) administers the licensing provisions of the Consumer Credit Act 1974. The Act requires traders who collect consumer debts (as well as engaging in other credit-related activities) to hold a consumer credit licence. Such licences are only issued and retained if the OFT is satisfied that the trader is a fit and proper person to hold one. When considering fitness, we will take into account any evidence that a business has engaged in a practice, which would appear to be deceitful, oppressive, unfair or improper, as well as actual breaches of the law. We are unlikely to be able to take action when only one complaint has been made.

We can consider taking action to protect consumers generally if a trader has engaged in a pattern of unfair business practices. Therefore, if you would like to make a complaint against the debt collection agency, you may wish to email me with further details of your complaint, in particular who the debt collector is and, if possible, copies of any correspondence you may have had with this trader then we may be able to consider your complaint further in the context of this debt collection trader's overall fitness to hold a consumer credit licence.

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely




Miss Jo Kwok
Enquiries and Reporting Centre