Phone not delivered 2 yrs ago but being billed now

Magisgold

Hello!

I ordered a samsung galaxy 2 on a 2 year contract from Three back inMarch 2012, but it wasnt delivered. I contacted three then to let them know that same week and they reassured me that altho it was showing as delivered by courier they believed me so it was cancelled etc. I was pretty shaken...visited neighbours etc to see if it had been delivered there but they claimed not (not sure I believed them). I didnt order another since I still had a year left on my beloved galaxy tab with three and I could get by with that.

I since moved from that address and am now homeless.

Three have now sent me a letter via a relatives address that they want payment in full for the two years contract...over £500!

I must respond, I dont want my poor relatives to be visited by debt collectors but I am upset...it was 2 years ago and they must see that even if they thought I had stolen the handset I didnt use the service.

any advice on how to proceed? Cimplaint process followed by ombudsman? It is v tricky since I no longer have a fixed address.

Thankee in advance

Silk

Magisgold wrote: »

I ordered a samsung galaxy 2 on a 2 year contract from Three back inMarch 2012, but it wasnt delivered. I contacted three then to let them know that same week and they reassured me that altho it was showing as delivered by courier they believed me so it was cancelled etc. I was pretty shaken...visited neighbours etc to see if it had been delivered there but they claimed not (not sure I believed them). I didnt order another since I still had a year left on my beloved galaxy tab with three and I could get by with that.

The problem will be that they are showing it delivered and signed for hence a completed order ....it's interesting that you doubt the the neighbours as it may well show as being one of them that signed for it.

I take it you have no confirmation from the time that the order was in fact cancelled?

Magisgold

Hi Silk, I honestly don't remember if they put it in writing, if they did I cant find the letter. I know, iknow, how ciuld I be so naive. They definitely told me over the phone that it was ok had been cancelked etc and reassured me there would be no action from them. There is no way I could afford 500.

it is odd they would come after me 20 months later, I would have thought that if their records were not showing the cancellation they would have long since cancelled it anyway since they have not received any payment.

The letter cites "arrears £41.88" and an early termination fee of £593.57. Curiouser and curiouser! I would call them but their customer service is hopeless

Buzby

I know of no network who, on being told the recipient had not received the handset - showing as being delivered, would provide the option of cancelling a valid contract. They would query the misdelivery and seek an answer.

The solution is not to disappoint the customer and sent a replacement (a refurb) and let the contract continue.

Your credit file will have been fried regardless, as for your relatives, they 'll be pursued for your details until the a DCA gives up or finds another address.

Magisgold

Oops sorry posted same msg twice...

Magisgold

I am not worried abt my credit score but am worried about debt collectors harassing my relatives, surely they are not allowed todothat ?

Also since they reassured me that the contract had been cancelled at the time and they never mentioned any kind of early cancellation fee and they know I didnt receive it, are u sure the contract is enforceable? Can they impose a early cancellatin fee of £600 2 years later? I am homeless and camping, unable to afford rent let alone this!

Silk

Magisgold wrote: »

I am not worried abt my credit score but am worried about debt collectors harassing my relatives, surely they are not allowed todothat ?

Unless you enter into dialogue with them it's not going to be easy stopping them harassing your relatives without them getting involved. They would need to inform them you don't live there etc and insist they stop or they will take action against the harassment.

Needless to say if you respond to the letter your relatives passed on then it would prove that it was a valid address to contact you at.

Magisgold wrote: »

Also since they reassured me that the contract had been cancelled at the time and they never mentioned any kind of early cancellation fee and they know I didnt receive it, are u sure the contract is enforceable? Can they impose a early cancellatin fee of £600 2 years later? I am homeless and camping, unable to afford rent let alone this

Ignoring the dispute over delivery etc if a contract is cancelled early then the minimum term cost becomes payable and will have been in the T&C's you agreed to.
The 2 years may well be the length of time to track you down and they may already have invoiced to previous addresses etc

As I say unless you are willing to enter into dialogue with them to contest it with a contact address etc I don't see how else you can proceed.

Magisgold

Hello, again wow thanks for such a quick response!

Unfortunately one of the side effects of being homeless is not actually having a fixed address.

However, Three have now passed on the "debt" to a debt collecter, Lowell Group, who emailed me; email I can do. I have emailed a response inc statement of affairs etc and am offering a £1 per month token amount.

Fingers crossed.

martin.cat

Be careful

State that the offer is without prejudice

Otherwise you are acknowledging the debt / theft / fraud of the said goods

They can then change the terms and chase