I'm taking legal action against a creditor

skyshadowskyshadow Forumite
97 Posts
Part of the Furniture Combo Breaker
Forumite
Hello folks, I've been a long time lurker on these board but this is my first serious post on here.

I'm currently in the process of taking legal action against a company. I'd rather not name them at this stage as I know they scour these boards for posts and don't want anything to prejudice my upcoming case.

I had a mobile b/b internet dongle with a monthly charge of £25 per month. The telecoms company in question billed me several hundred pounds incorrectly and then credited this back, however they failed to apply VAT to the credit so myoverall bill was several times what it should have been. Subsequently this bill wasn't paid by me and as a result my service was cut off.

Now I queried this at the time and it took 2 months for them to correct this bill, but when they did they still demanded I paid for the previous 2 months worth of line rental as I'm under contract. I obviously queried this as I had received no service, but they kept saying it was due to not paying a bill, then in the next breath admitting the bill was wrong.

This cycle went on for months with increasing bills for each month that I was "under contract" for finally culminating in a disconnection and additional charge of around £150. All the while I am ringing up and being pushed from pillar to post "no sir I can only press button A, you need to talk to team Green who can push button B and I can't do anything until they do their thing." etc etc

Anyways for the next few years I am constantly hounded by debt collectors who make this problem worse as it's even more fragmented and I'm dealing with two different companies who keep batting it back and forth. I can deal with debt collectors easily and even managed to reduce my arrogant moron threatening legal action to a stuttering mess by the end of one call.

The situation now is that I have a default on my credit file for this which has affected my credit rating, I've gone all the way to CEO who agrees I don't the full amount yet they refused to remove the default, simply marking it as settled (still stays on my credit file as a blemish If I am correct???) So I've submitted a claim form citing a breach of the contract initially and then as there was no legal reason to pursue me this amounts to unlawful harassment contrary to Protection From Harassment Act 1997. Claim went through and I received a default judgement for the full amount but the telecoms giant are now trying to have this set aside as their defence "got lost in the post" or something like that.

While I fully plan to keep you guys informed as if I can get a judgement for harassment by trying to extort money that isn't legally valid this should be a massive blow for people in debt everywhere to use against debt collectors, I'm also posting as I wanted a little bit of advice please.

I'm not a solicitor by any means, but I am quite legally aware however I've never actually put in a complaint regarding a Debt Collection Company.

I'm seeking to put in complaints about the 3 Debt Collection firms used, 2 who were pursuing the debt and the final 1 who the debt was sold to. I want to complain about the fact the Debt Collectors issued all manner of threats of litigation but never investigated my many complaints such as "what is this debt for, please provide me with a signed contract showing I owe this money" etc and as they never investigated or had paperwork to support this debt they shouldn't have issued threats of litigation. There answer to all has been "we we're acting in good faith our client would not lie to us"

The guidelines I've seen seem to indicate that the OFT is my first point of call. Can anyone else who has complained to the OFT or similar point me in the right direction please?

Any more info you want to know then please just ask, hope you can appreciate my desire to not reveal the telecoms company at this stage :)
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