Unicom threatening CCJ opinions/advice please

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Posted before about Daughter in dispute with Unicom re mis-selling,breaching distance selling regs, attempting to impose massive cancellation fee 4 months later, refusing to cancel service until cancellation fee paid, restricting service to incoming calls only rather than disconnecting totally as requested by daughter, phoning daily demanding payment,refusing to discuss complaint, the list goes on.
Daughter sent complaint by recorded delivery to MD of Unicom on 20 Feb 2006, stated she reserved the right to withold payment of bill (£65) until matter was resolved,still no response. Unicom refuse to send out deadlock letter. Otelo will review complaint after 12 week's from date of letter sent to Unicom so have another 3 week's to wait before she can ask Otelo for help.
Now Unicom have sent NOTICE OF ISSUE OF COURT SUMMONS giving daughter until 4 May to pay arrears of £193.36 or they will send in the Bailiffs.
As a member of Otelo they have refused repeatedly to follow their own complaint procedure and obviously have no intention of allowing Otelo to get involved hence the bully boy tactics.
Given that Unicom refused to cancel the service as requested by Daughter in Dec 2005 & Jan 2006 all subsequent line rental and interest charges after this date are not daughters responsibility a material part of her complaint which Unicom are ignoring.
Any suggestions as to how she can fight this latest threat from Unicom?.
Thanks
Speak your truth quietly and clearly;and listen to others,even to the dull and ignorant,they too have their story. Avoid loud and agressive persons, they are vexations to the spirit

Comments

  • clark1982
    clark1982 Posts: 245 Forumite
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    I would just let them go ahead, then when it does go to court your daughter can explain her side of the story, and explain that they have failed to act on her complaint. If they do get granted a CCJ against your daughter, then once OTELO investiage the complaint and its found in your daughters favour, then you can demand they remove the CCJ and update your daughters credit report. I would also be looking for compensation once the complaint is resolve for the stress and bullying they have put your daughter through!
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  • utilitybroker
    utilitybroker Posts: 2,207 Forumite
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    They cant send in Bailiffs unless they have a court order. It might be idea to consult with your local Citizens Advice Bureau to see if they can assist.
  • Heinz
    Heinz Posts: 11,191 Forumite
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    Kinnairdy wrote:
    Now Unicom have sent NOTICE OF ISSUE OF COURT SUMMONS giving daughter until 4 May to pay arrears of £193.36 or they will send in the Bailiffs.
    Why would they send a letter with that heading?

    Surely that just increases their costs?

    If they were not just trying to pressure her, they'd apply for the summons and it would announce itself when it arrived.
    Time has moved on (much quicker than it used to - or so it seems at my age) and my previous advice on residential telephony has been or is now gradually being overtaken by changes in the retail market. Hence, I have now deleted links to my previous 'pearls of wisdom'. I sincerely hope they helped save some of you money.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Heinz wrote:
    Why would they send a letter with that heading?

    Surely that just increases their costs?

    If they were not just trying to pressure her, they'd apply for the summons and it would announce itself when it arrived.

    It's a part of the legal process - issuing a summons does incur costs which the defendant (if he loses) has to pay.

    The court's don't like it when defendants get summonsed out of the blue, so claimants inform you first before issuing a summons.

    If you have a defence, then ignore this letter and await the summons (it may not come if the letter is a bluff to frighten you into paying).
  • Kinnairdy
    Kinnairdy Posts: 196 Forumite
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    Just a quick update for everyone who has offered advice. Daughter phoned Otelo yesterday, spoke to very helpful lady who said Daughter did not have to wait 3 months from date of written complaint being sent to Unicom, because she had complained to Unicom by telephone call in December 2005 Otelo would accept her submitted complaint immediately. After much questioning Otelo lady gave the opinion that Daughter appeared to have a very good case for complaint against Unicom. She also said Daughter should phone Debt Collection Dept and ask them to ' put on hold' the Court Summons Application because the complaint had been passed to Otelo, if they do not and Otelo investigate complaint it seems the Investigation Officer from Otelo can compel Unicom to stop any Court Applications until he makes his decision. Doubt if Unicom will pay any attention but Daughter sent written request to 'put on hold' Court Action by next day delivery, if they ignore it apparently Otelo will view it as another black mark against them. Anyway basic outline of complaint now with Otelo, they will review and send forms to be signed and returned with full details of complaint so Daughter might get some justice at last.
    If there are any former Unicom employees out there I would like to hear from them. No personal details would be revealed.
    Thanks to everyone.
    Speak your truth quietly and clearly;and listen to others,even to the dull and ignorant,they too have their story. Avoid loud and agressive persons, they are vexations to the spirit
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