Carphone Warehouse trying to collect money for a 7 year old contract....

awgw201

Hi All

I wondered if I can have some advice on where I stand on this issue? Any assistance would be much appreciated.

I took out a contract with the Carphone Warehouse (on 02) back in September 2005. The contract ran through until Aug 2006 (it was a 12 month contract) and I took out a new contract via Vodafone (not through the CPW). I believed I then cancelled the contract and the Direct Debit via my bank (I am checking with the bank now). I have since found out this week (having performed an Equifax credit check) that Carphone Warehouse then continued to try to take the DD and I have now incurred arrears of £260. The account was disconnected in March 2009 due to no payments being made. I moved address around the time the last DD was taken so I would have presumably missed any letters they sent, I recieved no phone calls. I am confident that I would have informed them that the contract had ended, but have no proof of this to hand as it was so long ago.

Is there anything I am able to do about this if I cannot prove contact was made to cancel the contract?

Thanks for any help/ideas provided.

Alex

grumbler

awgw201 wrote: »

I took out a contract with the Carphone Warehouse (on 02) back in September 2005. The contract ran through until Aug 2006 (it was a 12 month contract) and I took out a new contract via Vodafone (not through the CPW).

It makes absolutely no difference where and how you took the new contract.

I believed I then cancelled the contract and the Direct Debit via my bank (I am checking with the bank now).

What do you want from the bank? Surely you cancelled the DD if CPW are chasing you now. It is very likely that you failed to cancel the contract, but the bank cannot help you with this.

I have since found out this week (having performed an Equifax credit check) that Carphone Warehouse then continued to try to take the DD and I have now incurred arrears of £260. The account was disconnected in March 2009 due to no payments being made. I moved address around the time the last DD was taken so I would have presumably missed any letters they sent, I recieved no phone calls. I am confident that I would have informed them that the contract had ended, but have no proof of this to hand as it was so long ago.

Is there anything I am able to do about this if I cannot prove contact was made to cancel the contract?

I don't think that you can do anything without proofs. Your credit history has been ruined already, so I don't see any point in paying except that they will stop chasing you if you pay. It's a pity that it lasted until 2009 as the records remain in your credit files for 6 years and AFAIK after 6 years they cannot force you to pay.

diamonds

Did you port your o2 number toVoidaphone ? I'd go to the Ombudsman stating the contract was complete and you cancelled, therefor you are not liable for charges, did not keep any record this long & copy the email to all the credit reference companies to make them aware the amount is in dispute.

Also request a Data Protection request to CPW in the mail. Scan a copy of proof from Vodafone when your contract started, or email them asking for the date of contract commencement.

mobilejunkie

Without proof of notice of cancellation all that is pointless. besides, the Ombudsman can't look at anything until you've been through the complete complaints procedure with the network in question (which must be O2). No port could have taken place or the contract WOULD have ended.