Help needed please

jambo1026

Good Evening all,
Sorry if this is in the wrong section

Ok, how do I start, basically my partner got a cold call in 2006 from 3Gmobile, and within a few days 2 new phones arrived by courier, which at the time she was unusre what she was signing for as the were boxed up, anyhow we linked this to the cold call,and she must of stupidly gave our address.

Once I realised I told her to contact them and get a courier to collect them she tried this to no avail and I also tried but still no collection, anyhow they were forgotten about till a few months later, when she used one for about 2 days then it was dumped in cupboard.

She recieved a bill and had paid half and then stopped ( this I did not know about), anyhow they were forgotten about again until last Decemeber when Lowells collection agency contacted her both by text (not sure how they got her number) and letters.

I told her to phone them and demand a copy of the signed agreement between her and 3G, they were stroppy so I spoke to them which they were reluctant anyhow they agreed.

We kept receiving a letter from them every month saying they were still waiting for the paperwork from 3G, finally today after 6 month we got a letter and a copy of a bill for £38.26, clearly not what I asked for as I know there is not a signed agreement.

They stated this is the outstanding balance and also a £520 charge for early cancellation of the contract and are again demanding payment.

Am I correct in assuming if there is no written or signed copies of a contractual agreement they don't have a leg to stand on, or has my partner messed up big style by hard selling bully boy tactics.

I was thinking my next point of call is a recorded letter to the agency but unsure wether the consumer credit act covers this type of agreement as its not a fixed sum.

BorassicLint

Hi Jambo and welcome,

Unfortunately Mobile phone contracts are not in the categories covered by the CCA so there will be no point in you going down the unenforceability route. Sorry:(

paye

Ask 3G for A recording of the conversation that took place when you apparantly signed up for the contract. Tell them if they don't stop bothering you it will be you taking them to court for harrasment.

GeorgeUK

Agreed, ther is no agreement under the consumer credit act - they weren't giving out credit.

What you could ask for though is a copy of the airtime agreement to prove that the debt is yours.
Hopefully they will not have anything with your signature on it (including any letter your send - don't sign) and 6 years after the last payment it will become statute barred.

jambo1026

3G only asked for the payment once, they then must of passed it onto these cretins at Lowells.

I cannot understand how you can get yourself into a contract without any signature or a copy of your so called agreement.

Theoretically I could go out and purchase 100 of the cheapest mobiles around, pick 100 randoms out of the phonebook call them and then post a parcel to them recorded and disguised, once they sign for the parcel I could then say they are contracted to me and owe £30 a month if they terminate within 2 year they owe me £500, surely its not that easy.

DVardysShadow

Your mistake was not to reject the goods in writing immediately as unsolicited. If you had, then they would be yours by now [assuming thet no one arranged to collect them] and you would have a paper trail in place to show that you had done everything required of you.

Happytogetdebtfree

Just wanted to wish you all the best, I don't know What to say really, part if me thi ka you should have persisted with 3 and sorted out returns etc I think there's a 14 day returns policy. Good luck with sorting it out hope you dint have to pay so much back :-)