Help needed regarding debt collection

ILW

i would suggest that using the phone will be deemed as acceptance of contract, you cannot deny not knowing you had the phones or a contract if you have used them. I would pay up before you find your credit file destroyed.

ajones28

You really need to get some legal advice on this as you did try your hardest to get the phones picked up (do you have proof of this by the way). CAB should be able to give free advice on this and may even write to 3G on your behalf. You could try asking 3G for a copy of the recording of the call. The only problem is it may not be recorded. I used to work for a major telecommunications company and we only actually recorded approx. 3 out of 10 calls. So even though it may say 'Your call may be recorded for monitoring or training purposes', it very rarely is. So that may be a 'no go'. Saying that though you could always try. Your partner should have had the Distance Selling Regulations quoted to her which basically gives her 7 days from receiving the phones to cancel the phones. If that was not quoted then they have breached the contract between your partner and themselves immediately. If they did state it, then they have still breached it because they did not follow through with the DSR; you tried your best to cancel and to get those phones collected. I am not sure whether therefore the phones legally belong to you as they did not want them back obviously. Again this is something you need to ask CAB or whoever you go to for advice. The 2 problems you do have is
1. Your girlfriend used one of the phones, and if it was within the 7 days before the DSR ended then they would definitely be legally entitled to say the contract had been entered into.
2. Your girlfriend made a part payment. Again if this was during the DSR period then it would be seen as entering into the contract.

BUT

In both 1. and 2. the DSR were not abided by. Where that leaves you I do not know. Again this is something you need to speak to the CAB about. Really you need recordings of all calls made to your account. really it does not matter if the DSR was said or not because either way they have lost. But you could really do with proving that you have called to request for the phones to be collected. That is absolutely crucial. If you can get a copy of any notes on your account as well that would help. Everytime you call they should go into your account. There should then be what is called a Footprint, this will give information of exactly what time you called, who you spoke to and where that advisor went in your account to do whatever. There should also be notes put on by the advisor to explain the reason for them going into your account.
Hope this helps and like I said I think CAB are the best people to speak to, otherwise you could get a Solicitor involved but that is going to cost you.

DarkConvict

I don't argue the OP was mislead into the phones.

But i have to totally agree, shutting them into a cupboard, then using them, paying a bill and shutting them away again does not work. See no evil feel no evil does not work in the real world. They have entered into a legally binding contract by using the phones and are such expected to pay for them. Failure to pay will mean you owe the full contract length in one go, failure to pay means they will get a CCJ, and from their bailiffs and further charges.

You just cannot ignore things like this and should have made a stronger attempt to return the phones.

You best approach for complaints would be to goto OFCOM over misselling, as the OP has in my opinion took to many wrong moves over too long a period to win this in court.

DizzleUK

Basically, if the phone was never used this problem would be so much easier to deal with. The general rule of thumb is you use, you pay.

If you can find a way to get out of it, fine. Good luck to you. I am all for applying rules and regs to make sure the consumer gets the best result for them, be it unfair late payment fees or poorly enforced defaults.

What I don't agree with is people thinking they can spend/use/borrow and then abdicate all responsibility and try and find a way out of paying.

Yes, f**k ups are made, people don't always realise what they are getting themselves into, myself included when I was younger. These can be painful lessons that have to be paid for in one way or another.

As I have already said, in this particular case, I think she should pay up, but try and negotiate a reduced full and final settlement if possible.

jambo1026

Could I first of all thank everyone for their reponse.

I know some of you have went in to great detail and I thank you for your time.

Can I just add that we have never seen any sort of contract for these phones and 3G were contacted on numerous occasions, and I am sure as hell these guys would not read out all the Ts and Cs via a spam phonecall.

I know I may have to end up cutting a deal here but I think we have been majorly ripped off by hard selling tactics which I am sure there must some illegal technique involved, especially with no contract.

Fiddlestick

vaporate wrote: »

I support the OP 100% with this. The Op wife was obviously duped into using it and a verbal agreement doesnt really cut it, not in a court.

They weren't "duped" into it - they clearly agreed to the contract verbally on the phone.

When the goods arrived, they made use of the service and they is further proof that they acknowledged that the service agreement existed.

Furthermore to that, they also paid some of the bill which again is further proof that they acknowledged the agreement.

£520 for a 'cancelling' something they didnt want and got chucked an item lol

I'm sorry but if they didn't want it, why did they use it and thus indicate their acceptance?

Also it's not a £520 cancellation charge, it will be a small cancellation charge plus service charges for the remainder of their contracted months.

This is completely standard when it comes to mobile phone service agreements and in fact, I was discussing similar charges with T-Mobile in one of their stores this very weekend.

Who do they think they are, might as well make it a 1000 cos i wouldnt pay a penny either.

Do you normally break legally-binding contracts once you have entered into them?

jambo1026

Fiddlestick wrote: »

They weren't "duped" into it - they clearly agreed to the contract verbally on the phone.

When the goods arrived, they made use of the service and they is further proof that they acknowledged that the service agreement existed.

Furthermore to that, they also paid some of the bill which again is further proof that they acknowledged the agreement.



I'm sorry but if they didn't want it, why did they use it and thus indicate their acceptance?

Also it's not a £520 cancellation charge, it will be a small cancellation charge plus service charges for the remainder of their contracted months.

This is completely standard when it comes to mobile phone service agreements and in fact, I was discussing similar charges with T-Mobile in one of their stores this very weekend.



Do you normally break legally-binding contracts once you have entered into them?

Fiddlestick the outstanding balance is £38 and the cancellation charge is £520 clearly stated.

This which I have asked for they cannot provide, how? because there is no contract signed or verbally agreed.

Yes it was crazy to use the phone but this in my book does not enter you into a binding contract.

Fiddlestick

jambo1026 wrote: »

Fiddlestick the outstanding balance is £38 and the cancellation charge is £520 clearly stated.

Okay, how many months are remaining on the contract?

What is the service charge per month?

This which I have asked for they cannot provide, how? because there is no contract signed or verbally agreed.

You already said your partner took it out over the phone...

Yes it was crazy to use the phone but this in my book does not enter you into a binding contract.

I'm afraid "your book" does not count for anything - if your partner gave their verbal agreement over the phone then this is sufficient for the service agreement to exist.

Subsequently making use of the service only strengthens the position of the network.

I'm sorry to be blunt, but your partner doesn't really have a leg to stand on here.

jambo1026

Fiddlestick wrote: »

Okay, how many months are remaining on the contract?

What is the service charge per month?



You already said your partner took it out over the phone...



I'm afraid "your book" does not count for anything - if your partner gave their verbal agreement over the phone then this is sufficient for the service agreement to exist.

Subsequently making use of the service only strengthens the position of the network.

I'm sorry to be blunt, but your partner doesn't really have a leg to stand on here.

Be as blunt as you like it helps me know where I stand and I apprieciate your help.

I have no copy of any agreement, the bill was from 3 year ago, 3G only once asked for a payment, 2 years later Lowells contacted us saying we owed £500+ the £30 odd outstanding balance and £520 early cancellation charge which they cannot give me a document to prove.

vaporate

Credit file or no credit file,

I would not 'pay up' as others have suggested here.

middle finger to such rip off prices.

My action anyway. Seek legal advice, professional advice.

There is always a way around it.

fergie or wotever ur username is, I said IN MY BOOK, Not 100 percent solid pro legal advice.

The Op is clearly being ripped off, not legal, if it is then it is legal shark, simple. I would still not pay legal or not.