BCW Chasing EE debt, bit messy.

Olie1988

Hello everybody, I keep coming across this forum in Google results, so thought I would join up and share my problem in the hope of receiving some more specific advice.

I am being chased by Buchanan Clark & Wells for an £850 debt, due to EE for a phone I didn't ask for, nor did I use.

I'm by no means completely innocent in all of this, looking back it could have all been avoided very easily, but I suppose that doesn't change the situation.

Here is the story:

Around 6 months ago, I was applying for a new phone on EE's website, a £50 a month contract on a shiny new Note 2. I got to the confirmation screen, where they take a pund from your account and then replace it to confirm the account etc. Well, due to my account being overdrawn, they could not do this and the order did not go through.

I phoned up the Carphone Waehouse to see what the issue was and was advised to phone up when the account had some funds available to complete the order. Me being as impatient as I am, the next day I nipped into the town centre and got the phone in person from vodafoneicon, so obviously had no need to complete the order with Carphone Warehouse.

The next day I receive an email from Carphone: "You're order is confirmed, it'll be delivered tomorrow!"

I think to myself, "hold on, I didn't phone them back to complete the order, why've they sent that?"

I call them, explain the situation and get told "Not a problem, return the phone as soon as possible" (Not 14 days or anything specific)

Due to me working nights, and sleeping through most days I found it hard to find the time to return the phone, and thought I'd do it next time I'm in the centre. Well, a few weeks passed and I get told I am now outside my 14 days to return the phone as stated in my contract. (A contract I did not confirm or agree to be in, as far as I'm concerned?)

So here we are, I fight and fight with Carphone and they are adamant they are within the law and I must now pay £50 a month for a phone I did not ask for. I got pretty distressed with the situation and, to be honest, ignored it hoping it would go away.

Well, it hasn't, and now Buchanan Clark & Wells are chasing me for £850.

I've done my research on them and they don't look a very nice company.

I have spoken to them on the phone once (big mistake, I know now), they now have my number, my current address.

I offered to return the phone and they refused saying it wouldn't change anything, so after it being sat unopened for a few months I sold it for £250. I'm happy to pay this to them, and perhaps some more for their troubles, but £850 sounds so much money for what has happened.

I have never even used the line they are charging me for.

Is there anything I can do?

Sorry for the long first post, hopefully there are a few of you who've not fell asleep!

Thanks in advance,

Olie

pauletruth

nope you owe it. should have returned it. really should not have sold it as it was not yours.

Olie1988

Oh right

ilovelondontown

pauletruth wrote: »

nope you owe it. should have returned it. really should not have sold it as it was not yours.

As blunt as pauletruth's reply was it's a valid point. If you look at it from another perspective, you failed to get around to returning the item sent to you- which- somewhere in the paper work is g'teed to say 14 days return policy, that's standard with all phones. Then you wanted to write the whole experience off, but you took the liberty of selling the phone, effectively trying to make £250 out of the situation.

Give it another bash to both CPW and BC&W to see if you can come to a settlement to closer the matter or pay up and chalk it up to a hard lesson learnt that if you don't want to end up paying for something you don't want/need return it in original condition asap.

Tixy

From what you have posted it does appear as though you are liable for this whole debt.

The original order you made would have informed you of a 14day right to cancel. And you did get to the confirmation screen on the original order, which is likely the point where the contract was created (even though they hadn't managed to deduct the payment to verify your account). And you sold the phone.

I would suggest writing to BCW and offering an amount in full & final settlement of the debt. Useful factsheet and template letter here - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

I doubt they will accept as little as the £250 in the circumstances, but you might find they will settle for quite a bit less than the full amount they are chasing (perhaps 40%-50%?)

Olie1988

Thanks for the advice, will try and get some money together and make them an offer.

Live and learn, I guess