CPW O2 legality

fireaddict

I'm in a bit of bother with CPW, they have referred a debt onto what seems to be an internal debt management company, Buchanan Clark + Wells.

My contract ran out early 2008, at which point i let it run on to save the hassle of writing in to disconnect. At the end of 2008, early November I called up and asked for a cancellation code. Was told all the jibber jabba, i also asked for a PAC.

A few days later I called back, said i didnt want to bother getting a PAC code and the lad kindly agreed to disconnect my contract within 48 hours.

When i recieved this letter from Buchanan Clark + Wells i called them up, asked them what the debt was for and said i wanted to dispute it. They said they couldnt hold the debt for me. I was under the impression that if i'm disputing a debt it had to go back to the holding company? Regardless, i called CPW who said they would look for the phone call where i said i would be disconnected. That person never phoned me back...

I've just called the complaints department, they said its in my terms and conditions that to disconnect they need the request in writing. He didnt even seem to look for the call, just said that there wasnt a call.

My problem is i find it so hard to argue with them, i dont know any legal definitions to say or anything. Surely if i've been told its going to be disconnected thats a verbal contract they have to abide to?

Not sure what to do next, the debt apparently cant be disputed and they're "looking at legal action"

HELP?

supersaver09

Hi, can't really offer much advice, but normally they do ask for cancellations in writing.
My thought is - the person you spoke to on the phone knew this, but still let you think you were actually cancelling.
Really, you should've stuck to using the PAC code. As then you'd have "physical" proof that you migrated away to another network.

They will obviously deny that the phone call ever took place and without the cancellation in writing, not sure you stand a chance TBH.

LilacPixie

After the cancellation phone did O2 ever send you any bills??

DarkConvict

Hi,

This should probably be posted in the Debt (DFW) forums. http://forums.moneysavingexpert.com/forumdisplay.html?f=76

With regardless to cancellations, i am not aware of anyone who does not want cancellation in writing(letter or email), it will be in your contract that you must cancel in writing.

You should have been informed over the phone this was necessary to write to them to confirm cancellation. You should not have been told it would take 48 hours as it would take 30 days, as all contract require 30 days notice.
As what is said over the phone is legally binding (albit it a lack of evidence in a court) you could try and dispute it with CPW.

Why did you not check the contract had been cancelled surely you would have had an online bill, attempt to take money, phones calls before this point?
Whilst a debt is in dispute they can send a DCA, however they shouldnt make collection actitivity until the dispute is settled, even if that means going to court - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

The problem you will be fighting is that whilst CPW customer service agent gave incorrect advice, but your contract does state in writing the cancellation procedure and that it must be done in writing. As no letter was sent the procedure was never even started. It will probably be an uphill battle.