son pursued for full term of phone contract

Thrugelmir

AngryParent wrote: »

My question is can this whole value really be demanded from a legal point of view, given that O2 closed the account and therefore removing any opportunity for my son to benefit from approximately three quarters of the length of the contract? grateful for any advice. Many Thanks

Your son is in breach of a contractual agreement. The other party will therefore seek recovery damages for it's losses.

When did being in the wrong constitute a right?

PaulW922

Your son if he received a handset with the contract (i.e. not SIM only) will not be able to negotiate the debt down that much, I wouldn't think

CKhalvashi

matttye wrote: »

Any case law on this that you're aware of? Never heard of this before, they usually pursue for the full amount.

It could be claimed, however, that part of this loss was down to the supply of the handset, and depending how much they claim to have sold the handset for over 24 months, this could be the full value of the phone.

This is how I'd think it would be argued in court.

Collabora

stator wrote: »

He can still offer partial settlement, they might accept it or not.

For some strange reason ( see below) I dont think they would settle for a partial settlement as he already defaulted on a payment arrangement

AngryParent wrote: »

sold the debt to Wescot who within two or three months offered a settlement figure of £250. My son (stupidly!) did not make any payment to Wescot,

stator

Collabora wrote: »

For some strange reason ( see below) I dont think they would settle for a partial settlement as he already defaulted on a payment arrangement

Doesn't sound like he accepted their settlement offer, sounds like he just ignored it and them completely.

Collabora

stator wrote: »

Doesn't sound like he accepted their settlement offer, sounds like he just ignored it and them completely.

so they wont be too keen of offering another one. to me it looks like he stuck his head in the sand hoping it would all go away or expect the bank or mam and dad to bail him out

DCFC79

Sounds like the son just needs to pay up.

stator

Collabora wrote: »

so they wont be too keen of offering another one. to me it looks like he stuck his head in the sand hoping it would all go away or expect the bank or mam and dad to bail him out

But it's a different company now. The one that offered settlement returned the debt to O2 who then sold it on again. So the new company might be open to offers. Anything above what they paid and they are quids in. No harm in asking.

Collabora

stator wrote: »

But it's a different company now. The one that offered settlement returned the debt to O2 who then sold it on again. So the new company might be open to offers. Anything above what they paid and they are quids in. No harm in asking.

But do you not thing that Lowells would have asked for the records when they purchased the debt?

This would show that he ignored the last offer

Lips_and_Lashes

The debt collectors usually chase the full amount (the cost of handset and airtime) because its in their interest to make a profit. Where as the network provider may offer a partial settlement just to cover the cost of the handset.

It is worth reading up on full and final settlements and approaching O2 to see if they would accept an offer. Be sure to get everything in writing before any settlement payment is made you will want confirmation that you are no longer liable for the rest of the debt and that you will not be chased for it by them or any other company.

Its not advisable to run away from a debt as it does usually come back to bite you on the bum, so making arrangements to pay would be wise.