Graham White Solicitors/Roxburghe

marcjali

Hi MSE community

I am a new poster to the forum and I have a quick question:

I have recently had contact with Graham White Solicitors/Roxburghe about an overdue balance of a mobile phone contract that is in my name but that I got for my brother over 6 years ago.

Basically, I was instructed that under the 'Limitations Act' that no debt can be reclaimed after 6 years, so I thought that applied to this debt, but according to GWS the debt was only defaulted onto my credit history (or whatever its called) in 2008 (although this does change to 2007 in some conversations that I have with them), so the debt is still reclaimable.

Now, my question is this, first off are these real solicitors? I ask because my brother said anyone can write up a letter like the ones I've received, the other question is is there anywhere that I can get help and advice about this?

They are threatening legal action and CCJ both of which I can do without, I have until this Friday to sort something out with them, if you can offer any advice I will be eternally grateful.

And Sorry in advance if this is in the wrong section of the forum

Thank you

4743hudsonj

Do you actually owe the money or not?

the limitations act only applies if you have not made contact with them about the debt in 6 years so if you havnt so far, do not make contact with them.

Not sure about their claims but go see CAB what to do but dont contact them. At worst they take you to court and you are made to pay for it (if you actually owe it) plus a small £30ish court fee (if you lose). You will not get a CCJ as long as you pay when the court instructs you to do so.

At best, they are a debt collection agency or similar trying it on with scare tactics and hoping you pay before you realise you dont owe it.

marcjali

Thanks for that, as far as i'm aware it is owed, it's a debt to the 3 mobile network that i got for my brother awhile ago, i've already spoken to Graham White Solicitors, so i'm not sure how i should proceed.

4743hudsonj

marcjali wrote: »

Thanks for that, as far as i'm aware it is owed, it's a debt to the 3 mobile network that i got for my brother awhile ago, i've already spoken to Graham White Solicitors, so i'm not sure how i should proceed.

did you admit you owe the debt? as i believe (im no expert though) that may mean you have to pay for it. Bear in mind this is just stuff ive picked up on here and im not sure if you ca re-owe the money after the 6 years if that makes sense so wait till later when theres a flood of knowledgeable folks who know more than me on this act.

CAB are still a good move and like i said dont enter into further communications until you know for certain where you stand.

marcjali

Ok thanks, the mobile phone contact was in my name, so the debt is in my name, i have admitted knowing about the debt as i bought the phone for my brother so to that extent yes, however i do believe that i should not be liable since its my brothers debt not mine.

I tried calling the CAB and they arent open.

Hintza

marcjali wrote: »

Ok thanks, the mobile phone contact was in my name, so the debt is in my name, i have admitted knowing about the debt as i bought the phone for my brother so to that extent yes, however i do believe that i should not be liable since its my brothers debt not mine.

I tried calling the CAB and they arent open.

But you have just said the contract was in your name?!! I'm confused.

4743hudsonj

marcjali wrote: »

Ok thanks, the mobile phone contact was in my name, so the debt is in my name, i have admitted knowing about the debt as i bought the phone for my brother so to that extent yes, however i do believe that i should not be liable since its my brothers debt not mine.

I tried calling the CAB and they arent open.

Unfortunately if anybody is liable its you. You will have to hope your brother is honest and nice enough to still pay you!

realised

If the contract is in your name, regardless of whether it was for your brother or not, the debt is yours.

Optimist

If you got the contract in your name then it is your debt.
When did you default on the debt ?
Are you in England or Wales ? Different rules in Scotland
If over 6 years have you had contact with any body chasing the debt since ?

marcjali

Hintza wrote: »

But you have just said the contract was in your name?!! I'm confused.

yeah the contract is in my name but i got it for my brother, as the other posters have said regardless of if it was for my brother or not the debt is mine.

does anyone know is Graham White Solicitors is a real company?

marcjali

Optimist wrote: »

If you got the contract in your name then it is your debt.
When did you default on the debt ?
Are you in England or Wales ? Different rules in Scotland
If over 6 years have you had contact with any body chasing the debt since ?

According to Graham White I defaulted in 2008 but in some conversations with them this changes to 2007.
im on England
i have had contact in the last few months