Everything Everywhere Debt

uvstomper

Hi,

I have so many questions to ask, but for now il start with this:

Recently my partner received a Notice Warrant of Execution from northampton CC for a debt of £174.25 from Everything Everywhere.
My partner was so worried about it, he rang the court number and without questioning it, paid the amount. Whilst on the phone he asked the woman " is that everything I don't owe any more do I?" to which she replied, no thats fine, thats all. PHEWWW or so we thought !!!!!
Last week we received the same Warrant of Execurtion Letter demanding again £174.25 with an outstanding debt of £45.00
I rang the court contact in Leeds, and said this has been paid. BUT!!!!
The amount we paid, this time last year actually is only paying the cost of the warrant itself and a small portion off the debt so this is far from paid.
I rang the solicitors Bryan Carter as advised by the court to find out who this real debt is from.
Turns out its originally with T Mobile - Also they want £550 from us, and to start with we need to pay £175.25 ( for the cost of the warrant ) by the 8th of may or the bailiffs are coming round.
What I would like to know is: does the company have to prove the debt, i.e a contract signed etc ? Because according to them they cannot provide the original signed contract that my partner is supposed to have signed as he has to go back to the original shop where he brought the phone from BUT T mobile shops don't exist anymore and he can't for the life of him remember where or even when he got this contract so we want to check its all above board.

They have the account on hold for 30 days whilst we speak to cccs ( thats another story ) just confused as to where we stand, any help with this would be greatly recieved xxx

AkaShika

You could try writing a "Prove it" letter to the company. There;s a sticky in the Debt Free Wannabe board detailing prove it letters.

Hope this helps
Shika

chanz4

dont need to prove it their is a ccj

uvstomper

would a ccj show up on your credit file? as we have printed out the experian report and there is no record of a ccj, the letter doesn't say county court judgement either or is a warrant of execution a ccj? you can see i'm not familiar with this .. thanks again for all help

oopsadaisydoddle

Do they actually need to 'prove it' though in the form of a credit agreement seeing that it is a service agreement, not a credit agreement?

I imagine they can prove it anyway though in the form of account info and notes. E.g. Proof of where they delivered any phones or which bank DD's were taken from. If you used the service, then they can prove the debt basically.

Also, I would contact the court (who I believe won't be biased whereas the solicitors will be if you owe them money). Ask the court if there has been a CCJ recorded against the debt already. If it has then you will need to arrange to pay.

If there isn't, pop back here for more advice on how to proceed.

antonic

Check yourself here :

http://www.trustonline.org.uk/

This will tell you if a CCJ has been granted (or not).

uvstomper wrote: »

Hi,

I have so many questions to ask, but for now il start with this:

Recently my partner received a Notice Warrant of Execution from northampton CC for a debt of £174.25 from Everything Everywhere.
My partner was so worried about it, he rang the court number and without questioning it, paid the amount. Whilst on the phone he asked the woman " is that everything I don't owe any more do I?" to which she replied, no thats fine, thats all. PHEWWW or so we thought !!!!!
Last week we received the same Warrant of Execurtion Letter demanding again £174.25 with an outstanding debt of £45.00
I rang the court contact in Leeds, and said this has been paid. BUT!!!!
The amount we paid, this time last year actually is only paying the cost of the warrant itself and a small portion off the debt so this is far from paid.
I rang the solicitors Bryan Carter as advised by the court to find out who this real debt is from.
Turns out its originally with T Mobile - Also they want £550 from us, and to start with we need to pay £175.25 ( for the cost of the warrant ) by the 8th of may or the bailiffs are coming round.
What I would like to know is: does the company have to prove the debt, i.e a contract signed etc ? Because according to them they cannot provide the original signed contract that my partner is supposed to have signed as he has to go back to the original shop where he brought the phone from BUT T mobile shops don't exist anymore and he can't for the life of him remember where or even when he got this contract so we want to check its all above board.

They have the account on hold for 30 days whilst we speak to cccs ( thats another story ) just confused as to where we stand, any help with this would be greatly recieved xxx

ValHaller

uvstomper wrote: »

Recently my partner received a Notice Warrant of Execution from northampton CC for a debt of £174.25 from Everything Everywhere.

.
I rang the solicitors Bryan Carter as advised by the court to find out who this real debt is from.

Something not right here. If there is a Warrant of Execution, it has been to court. And if it has been to court, you would know what it is about, unless the complainant's Solicitor has sued you at one address and got a Warrant at another. Or unless your partner has his head in the sand or is hiding a mess.