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Help please ????

Hi to all.
I have an ongoing problem with first Vodafone, and then a Debt Recovery Agency whom Vodafone sold the debt to.
This has now been ongoing and in dispute for over 4 years.I initially took out a 18 month contract with Vodafone.
For well over that period the contract was always paid on time. During that time, I passed the phone to one of my brothers who also paid on time initially.
Although I don't recall (but don't totally dispute either) I may have given my brother verbal authorisation on that account to make changes to the contract (price plans etc).
Sometime after he took a second phone line out on the same contract for my other brother.
The original contract was extended and the second line taken out without my knowledge or permission.
Unbeknown to me my brother stopped paying the bill and 'disappeared'. Sometime later I recieved a letter from a debt collection agency demanding the payment of 553.00.which was the outstanding balance of two lines that had been disconnected.
I contacted my brother right away and he wrote me a letter that I sent to vodafone explaining that I had no use of that account for a very long time, and that he was responsible for the debt.
Vodafone were not interested and said we should speak to the debt collection agency to arrange settlement.
My brother then effectively disappeared and I have no contact with him now.
I am refusing to pay the whole debt on principal.
Whilst I understand I may be liable for the original contract (for which I have offered to pay 200.00gbp), I cannot accept that I must be liable for a second line for which I gave no authorisation, or had any knowledge of.
And the story goes on.
Can anyone help me please ??

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    I doubt very much that they would have accepted a verbal authorisation from you to deal with your brother on that account and allow him to make changes. I would think it is far more likely that your brother impersonated you to be able to change things/order the second line etc.

    You are liable for all of the debt as it stands. However you might well find that they will accept a reduced full & final settlement offer from you (in writing) which might be a way to end the situation.

    (just as a note I know of several people with CCJs from vodaphone for this sort of amount or less and if this did go to court I'd be surprised if the judgement was not granted.)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • richmich
    richmich Posts: 5 Forumite
    edited 10 July 2011 at 8:55AM
    Thank you very much Tixy.
    Does it not carry any weight in my favour that in writing, my brother has admitted liability for the debt, and that I have a letter and a Bill from Vodafone addressed to my brother, and in his name ?
    The Letter is stating the 'His' account is overdue.
    The Bill is for the account and is in his name and sent to his address.
    Only when he defaulted over a year after he took over the contract (although maybe not in writing) did vodafone chase me for the outstanding debt ?
    How can Vodafone come to me for something|I have no knowledge of ?

    I also offered in good faith and without prejudice in a telephone call to the debt collection agency, 200.00gbp in full and final settlement. They refused, and suggested a 5% discount could be applied.
    What in your opinion might be an acceptable sum in settlement ?
    And may I ask if you have 'expert' knowledge in this field ?

    If the Debt agency had a strong case, why would they not have taken me to court in the past 4 years ?

    Should I go the route of contacting the police to obtain a Crime Reference Number alleging fraud and would this help my cause ?

    I also had a 'Live Chat' that I printed off Vodafone website where their Customer Services said a contract could Not be extended and a second line taken out without my permission in writing.
    Would this strengthen my case ?
  • Mikhail
    Mikhail Posts: 261 Forumite
    First Anniversary Combo Breaker
    You have a lovely family.
  • richmich
    richmich Posts: 5 Forumite
    Anyone else offer help or advice with this please ?
  • lvm
    lvm Posts: 1,544 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    If your brother has given you a letter saying he is responsible for the debt then what is he proposing to do about it?

    Tell him to get in touch with DCA and set up a payment plan to pay £x every month to clear the balance.

    From what you've said I'm a bit confused about what contract has transferred where but it sounds like somehow your brother has become responsible for the account. How did this happen? Phonecall, letter?

    Is there a chance that only the original contract is still in your name and he took out another contract in his own name? In any case, if you're adament that your brother is responsible for the account why are you offering £200 to pay it?

    If I were you I'd be getting a copy of everything Vodafone have about you on their file...
  • richmich
    richmich Posts: 5 Forumite
    Thank you very much IVM.
    I took out the original contract in my name. I later gave my brother authorisation to make changes on that account but did not think it colld be anything more than perhaps making changes to the price plan etc.
    Because I did not personally call Vodafone and cancel the contract after 18 months, it apparently rolls on month by month. The general opinion by many is that I might be responsible for the original contract which although ran its original 18 months and more paid in full, which I signed for, my brother ran it unpaid for a while and disappeared leaving the account in arrears. This is why I offered 200.00gbp. Without prejudice.

    Initially my brother accepted the debt was his, although this was one of many debts he ran up and effectively walked away from.
    I have no contact with him now but it is clear he is less than honourable.

    He didn't take out a seperate contract for the second phone. He got a second Line on the original contract with a different Number, and without my knowledge or permission. Not that I would have needed to give him permission, as I thought the contract was now his.

    I only have a vague recollection of giving him authorisation on the account in a telephone call. I certainly did not sign anything.

    I appreciate any help you might offer.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi richmich,

    This is certainly a confusing state of affairs but thanks for making us aware of it.

    If you'd like us to take a closer look into things for you could you email the details across to the Web Relations Team via the contact information in our profile page here marked for my attention and include a link to your thread here in your email.

    Once you're in touch with us please be assured that we'll get back to you as soon as possible.

    Kind regards,

    Lee

    Web Relations Team

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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