Carphone Warehouse supposed debt

Deeks_2

SmudgeUK wrote: »

From what i can make out from the post is this:

The OP gt offered a free laptop, if they changed their home phone to talk talk (24 month contract)

In the post it says this was over 14 months ago, and they changed banks, now do i take it in the changeover the OP didnt inform talk talk, and therefore not paid after 14 months?

If so then are they within their rights to cancel the agreed contract??????

We need more info before we can assume talk talk is at fault here

Hi Smudge. When I changed my bank account I informed Talk Talk of the new details and the payments are up to date. I didn't inform the Carphone Warehouse as I didn't know I was paying them as well.

It was only then that the fact I was paying for this so called free laptop came to light. It has been since then that I have been trying to get them to prove the debt and despite them twice promising to send it out (spoke to them on the telephone) it has never arrived.

So it's the Carephone Warehouse and their DCA that are chasing the money

SmudgeUK

you need to send a subject access request to carphone warehouse, and enclose the £10.00 fee, and see what agreement you actually signed up to.

SmudgeUK

Link to subject access request template letter......

http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22

Send by registered post not forgetting to enclose £10.00 cheque/postal order to carphone warehouse.

Deeks_2

Thanks Smudge, that's what I will do. As the Carphone Warehouse has passed the debt to the Debt Collection Agency should I sent the request to the DCA or to the Carphone Warehouse?

Sorry for all the questions

SmudgeUK

I would send a prove it letter to the DCA, so that gets the account put in dispute, they should cease collecting and give yo time to get all the info you need from Carphone warehouse.

You coud deal with just the DCA, as they now own/collecting on behalf, but find it quicker and easier to go straight to the original creditor, as he DCA will only ave to go through them

nathan.titterton1989

Hi, not sure if this is of any use, but a friend of mine had a similar experience.

His sister had a contract through Carphone Warehouse online and noticed she was missing a bit of money every month, she got a statement and noticed there was an affiliate of CPW taking a DD from her account of either 11.99 or 17.99 every month, she couldnt remember signing anything but googled the company and it turned out they built the website for CPW, apparently it's some form of opt out agreement thing in the small print. don't know the ins and outs though! Might be worth trying to get hold of a statement and see what company was taking it? I'll try and find the name of the company

DarkConvict

TalkTalk would be a service agreement, not a credit agreement.
Credit agreement are for loans/store cards/credit cards etc.
Service agreements are for services, mobile phones/broadband/sky tv etc.
Asking for the credit agreement probably won't help.

But i am starting to understand the issue more.

You signed upto TalkTalk for 24 months, no issues, payments been made before and after bank change.
But it only occurred that CPW was also taking money out of your account, and you have no idea why they were doing it. I would ask CPW why they were taking money before asking for the agreement.

Deeks_2

Hi, Just an update to this.

At the end of March, I sent off a prove it letter to the debt collectors (Buchannan Clarke and Wells) who responded by saying they are passing the information back to their client who will send me the credit agreement shortly.

I didn't hear a thing until today when I received a letter from Commercial Credit Services requesting full payment and alluding to additional solicitor and court costs.

I've still received nothing from the carphone warehouse (despite several request for the credit agreement)

This has now being going on since last august and I'm at a loss as what to do now.

Do I send another prove it letter to the Commercial Credit Services or as I've already sent one to BCW who have forwarded it on to CW, just ignore it?

Thanks again for any pointers

DarkConvict

Keep sending the prove it letters, and fire of a letter to CPW.

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:
e. not informing the debtor when their case has been passed on to a
different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which
suggest harm to debtors

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

Get an official complaint lodged with CPW, if they refuse to deal with it goto the OFT.

Deeks_2

Thanks DC

Interesting Document. I'll be reading that carefully