Bryan Carter Solicitors

tg1969

Hi can anyone help. My husband had 3 phones with orange for his business. When he was on his first lot of cancer treatment the bills were just coming out of our account without him checking the invoices. After his treatment he noticed that he had been paying for over a year for a non existent phone. He contacted them only to be told maybe your wife took out another phone without you knowing. Needless to say this dragged on for months they were not interested so when he moved he did not pay the bill as they were not willing to discuss this non existant phone.

They have sold this on the phoenix, then to fredrickson and now Bryan Carter the bill is for 1,783.34. I have asked them to give me a breakdown as Fredrickson only sent me the invoice date and amount. This bill goes back to 2003. How do I dispute this non existent phone. In my letters I have not told them any of this information I have just asked for a detailed breakdown of the said figure.

Can anyone advise. I am posting this for my husband as he has had 4 years of treatment. I want to pay what he owes, but I feel that they should deduct the non existent phone charges.

Thanks ..

nottoolate

tg1969 wrote: »

This bill goes back to 2003.

would it be statue barred?

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

tg1969

Please ignore my ignorance but do u mean the phone should have been barred. I know when he was late making payment it was.

As I said because he was ill and I had 3 kids under 5 I did not look into it until I noticed his monthly bills had gone from around 250/300 to over 500.

Do you think I should wait until they show me the breakdown or offer them an amount to get rid of the constant letters.

Thanks

Sorry ignore me ive just clicked on your link thanks

billinghamfan

statue barred means the debt is unforceable if you haven't acknowledge the debt for 6 or more years

simon_mdp

Hi,

If the debt is statute barred the company can take no legal action to recover the debt. If the debt has not been paid or acknowledged in writing in the past six years don't. . . . . pay anything or acknowledge it in writing. Doing either of those will reset the clock.

As debts get passed down the chain the less is the information that goes with them. In order to answer your original questions you probably can only get this information from Orange. If you make a general enquiry (under Data Protection if nothing else) you should be able to get this information without admitting the debt.

Best Regards

tg1969

I havnt acknowledged that he owes anything. But I have asked for a detailed breakdown. I spoke to someone about if it would be statue barred but they said it is very difficult to do this. I have sent bryan Carter another letter saying I cannot discuss how to discharge this amount when I have no breakdown of what it is for. Whilst I wait for another S....y letter I am going to ring OFFCOM to see if I can get the non existant phone wiped off the original bill.

Thanks everyone for advice it is greatly appreciated

nottoolate

tg1969 wrote: »

I havnt acknowledged that he owes anything. But I have asked for a detailed breakdown. I spoke to someone about if it would be statue barred but they said it is very difficult to do this.

no its not. its up to them to prove otherwise

tell them its not your debt. tell them its also statute barred

tell them to naff off unless they can prove otherwise and that any legal action will be defended vigorously

vax2002

The debt is usually Statute barred when they wont cough up any documents.
Nothing they do can change a statute barred status.
Stop communication with them.
They can not sue .
If they call a two word answer will suffice, I am sure you know a few.

nottoolate

vax2002 wrote: »

They can not sue .

of course they can. duh

its just that if statute barred that would be a complete defence to any action if they tried it

unfortunately freds/.bryan carter are dimwitted enough to issue claims that wont succeed if defended. they rely on most people not knowing their rights and the law.

vax2002

No they can not sue, they can issue "proceedings" which will fail, to sue someone, you take them to court, you win, you get the money.

nottoolate

of course they can :wall::rotfl:

to "sue" means issuing proceedings

they will only fail if you defend them with valid grounds and the court agrees. if you ignore then they will succeed and get judgement