Ending a mobile phone contract

Scrumhalf_2

Please, Please Help.

I signed up to a 12 month contract in January 2006, paid my bills through direct debit then phoned the Carphone Warehouse to cancel my contract(O2) at the beginning of January 2007. The operator informed me that I had to write a letter and have it recorded delivery to terminate the contract, this I did. However I also asked for a PAC as I thought I would use my old number on my new phone. I received no correspondence from the Carphone Warehouse and decided to use the new number supplied by T-Mobile and left it at that as I had fulfilled the contractual obligation.
Having checked my account in April I found that further payments had been taken out of my bank. I immediately phoned the Carphone Warehouse and asked why they were still taking money out of my account. I was told by an operative that because I had asked for a PAC that the account remained active. I asked to speak to a supervisor, I was kept on hold for a considerable time and decided to email them my concerns, this I did.
In the mail I asked how I would know the terms and conditions of the PAC if I had not received the correspondence. They informed me that they had sent a text as well; again I did not receive this. I was informed that if I did not record deliver my termination of the contract that they could not guarantee it would be terminated, surely this applies both ways.
I now have received another demand for a further 2 months(May, June) rental after being in contact with them since April asking them to pay back March and April. They have now sent me a letter threatening me with a debt collection agency and ruining my credit rating.
I spoke to several operatives, from the company, with regard to this problem and they had every sympathy with me and querying why they are chasing me after looking at my record.
Again I wrote back to them asking what would happen when they passed the alleged debt over to the debt collection agency and what court they would be taking it to, this was never answered.
They wrote back saying ‘We cannot accept responsibility for non-receipt. It is your responsibility following your request for a PAC that you ensure that you receive it’
What options are open to me?

Quentin

Definitely now write and ensure you give them notice to cancel the contract otherwise this will just escalate.

You should have pursued them for the PAC when you never received it.

Now you are in a battle over the overdue bills.

You need to write in to them disputing the bills, explaining why, and ask that they stop any further action until the dispute is settled.

But they may have a legal right on their side over this - particularly as you continued to pay them for months after you now claim the contract should have been terminated.

Scrumhalf_2

Thanks for reply Quentin. Have done this on several occasions and was prepared to lose March and April bills but they ignored my correspondence and continued with billing me a further 2 months. Wondered if it was worth representing myself if taken to court as I believe I've done everything in my power to terminate this.
They have now terminated my contract and you are right they are chasing alleged unpaid bills but I have been corresponding with them since January with phone calls, recorded dilivery letters and emails asking them to terminate. It all boils down to this PAC but having not received terms and conditions how would anyone know what the were.

Quentin

If you sent a recorded delivery letter after the PAC expired (one month after it was issued) terminating the contract you are in the clear.

Find the recorded delivery confirmation, and write to them again (recorded) with a copy of the letter, together with the track and trace confirmation of delivery.

That should end the argument.