Over £1300 worth of debt and need help!! Here's my story

Tlibali

I am an 18 year old student and early in April, this year, I was approached by somebody who knew me through bad people I had been mixed up with in school. He knew exactly where I lived and threatened me and my family and told me to take out phone contracts using my card my name and address etc and if anything went wrong he'd show up at my door with a group of people and rob my house.
Contracts were taken out with EE, Vodafone and 2 with O2 and I had to give him the phones after they were given to me by the company.
A month after, I filed a police report over the phone from which they gave me a crime reference number. I explained my story and gave the ref. number to the companies. EE closed the account immediately, Vodafone and O2 did not.
I went to an O2 branch and explained my story and they were very understanding and called their fraud line and explained it to them and I came in another time and after the second time they told me that O2 would be in touch and would most likely close the account.
The next letter I get is from Lowell explaining that they have bought the debt.
Vodafone appointed various companies to claim my debt and every time I called those companies and explained my story they went back to Vodafone and then Vodafone would appoint someone else. PDCS (Past Due Credit Solutions) is the last one to be appointed and they are more stubborn than the others and aren't stopping.
The debts with Lowell doesn't appear on any of my credit files but the one with Vodafone does.
I've been back and forth with these people over the phone and they are insisting that I am responsible for the debt, but I have no income at all and my family are very poor.
Also, next week I have to go to Brazil for around 4 months to look after my sick mother.

Will they take me to court? If so, will the court take my side? Why did O2 sell my debt after I came in store to sort it out? Should I record who I spoke to when I went in-store?

[Deleted User]

It’s not fraud since you took them out in your name with your cards.

It’s a difficult situation and something the police need to be involved with.

Raise an official complaint with O2 and Vodafone. You’ll need to provide the crime reference numbers to them as well as proof.

System

If they do take you to court it will be county court and not a magistrates so no criminal record as it is a civil matter. You will end up with a CCJ if the judge decides to side with them which given you have no assets they won't be able to enforce. If you speak to anyone who gives you positive sounding information record their name and the time/date of the call so you can put that in any response.

Make sure that you give them the address in Brazil so you can continue to get correspondence.

Chapuys

Wouldn't this be blackmail under the Theft Act?

A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—
(a)that he has reasonable grounds for making the demand; and
(b)that the use of the menaces is a proper means of reinforcing the demand.
(2)The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
(3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

Tlibali

Do you know how I can raise an official complaint? Because I went through their relevant automated surveys for crime and related it to my customer number AND my crime reference number.
I would assume now that O2 have nothing to do with the debt now as they've sold it off, whereas Vodafone has just appointed a company on commission?
When I call PDCS they say "this is something you have to sort out with Vodafone". When I call Lowell they say that the crime reference number isn't enough and they need proof that the investigation is on-going; when I tried to get that proof I found out that the only way to get an update is if the police call you because they can't discuss on-going investigations after the report's been filed.

Tlibali

How likely do you think it will be that the court sides with them? Stupidly, I haven't saved a lot of letters from this situation (I have saved most), more importantly the one that EE sent me confirming the closing of my account.
Also, I've read that Lowell are heartless and will chase you for money as long as they can until they eventually take you to court.

MEM62

Tlibali wrote: »

Do you know how I can raise an official complaint? Because I went through their relevant automated surveys for crime and related it to my customer number AND my crime reference number.
I would assume now that O2 have nothing to do with the debt now as they've sold it off, whereas Vodafone has just appointed a company on commission?
When I call PDCS they say "this is something you have to sort out with Vodafone". When I call Lowell they say that the crime reference number isn't enough and they need proof that the investigation is on-going; when I tried to get that proof I found out that the only way to get an update is if the police call you because they can't discuss on-going investigations after the report's been filed.

Complaint against who?

If you opened the accounts you will have limited recourse against the phone providers as, as far as I am aware, they are not responsible for the fact that you were under duress. Certainly it can do not harm to let them know the circumstances but I would not expect them to take the loss.

Has there been any change in circumstances that allows you to feel able to report the crime now whereas you did not before taking the contracts out?

Tlibali

Before, I didn't think I or my family were safe, but there's a cooling off period that made me realise I needed to report it ASAP

DCFC79

Tlibali wrote: »

Before, I didn't think I or my family were safe, but there's a cooling off period that made me realise I needed to report it ASAP

Surely you could have told the police what was going on before the contracts were taken out, they would have protected your family or even move them to a different location.

MEM62

DCFC79 wrote: »

Surely you could have told the police what was going on before the contracts were taken out, they would have protected your family or even move them to a different location.

This was my train of thought - hence the question as to what else might have changed.

I cannot see that persuing the phone companies is going anywhere. Fair enough, the OP can calim that the accounts were opended under duress, but no respobnsibility for that lies with the phone companies. His case for redress is against those that intimidated him.

It was, of course a difficult situation and I am sure very distressing at the time but had the Police been involved at an earlier stage the OP would not have the debt to deal with in addition to everything else.

sourcrates

Tlibali wrote: »

but I have no income at all and my family are very poor.
Also, next week I have to go to Brazil for around 4 months to look after my sick mother.

The cheapest return flight to Brazil I can find is £1100.

How do you intend to fund this ?

If you return to Brazil, I would be tempted to stay there, as we do not have a recipricol agreement with them to chase debts.