Debt collection agency for mistake caused by company - Am i liable?

kirstiem · 12 July 2010 at 10:27PM

Hi there,

I'm just looking for some advice on a mobile broadband i took out with carphone warehouse in april time. It was an offer i seen in the shop for mobile broadband with 02 for free for the first 3 months then £15 after that for 18 months. When i signed up they told me i would not recieve a bill for the first 3 months but when i got home about a week later i recieved a bill from 02 asking for £15! so i wrote a letter the next day asking to cancel it as it was not set up right and i did not want to be liable for the first 3 months. I did not recieve any reply but they cut my broadband off the next few days. I then phoned 02 up and they said it was nothing to do with them as my contract was with carphone ware house. I then went into the carphone ware house store and they told me that the advertising was wrong and that it was not actually 3 months for free and they have now removed that offer but because i signed up thinking it was free they would send me out a cheque for the first 3 months (£45). The also said that once the £45 was paid they would sort out 3 months paid for me as i had not actually had 3 months for free.

Anyway the cheque took 4 weeks to come out and i put it into my bank last monday. The bank told me it takes 4-5 days to clear and when it cleared i was planning on phoning 02 and clearning the £45 owed.

However, the next day, (Tues) i recieved a letter from Buchanan Clark + Wells, a debt collection agency and the said they had been passed my account from 02 for non payment and were demanding £276.58. I then phoned them up to try and explain but they person i spoke to was so horrible, would not listen and just said the contract is in my name so i am paying it wether i like it or not! i got very upset then and just hung up..

Now i dont know what to do.. where do i stand with this? Im so confused.. i then phoned the carephone warehouse and they said to phone 02 and tell them im gonna pay the £45 i owe then the £15 each month after that.. they said that my account was no longer with them and that i would not be able to pay them.. only the debt collection agency.. so i cannot get the mobile broadband back on.

What do i do?

Thanks to any1 with advice!!

P.s I dont know if this debt collection agency is just trying to scare me or not ( im only 18 dont have much experience or knowledge about the lengths the will go to) is it true that the will actually take me to court or come round to my address and try to gain entry?

Ames · 12 July 2010 at 10:34PM

Oh dear god, they shouldn't be acting like that.

I've no idea about the legalities of whether or not you owe it, but while you're disputing it with the company it shouldn't have been passed to a debt collection agency.

In theory they can take you to court, but again, as you're disputing it that's unlikely, especially as it's such a small amount. Even if they take you to court it doesn't follow that they'll win!

They can come round to your address. If they do then tell them to get lost - they've less right to be there than the paperboy. They're almost certain not to come round though, but someone clever will be along soon with a letter to stop them phoning or visiting you. If they do turn up and try to gain entry then call 999 and report them for tresspass and/or burglary.

In short, they're just trying to scare you into paying up.

Someone will be along with templates of letters to send, in the meantime I'll have a quick look around and see if there are any professionals on the boards who can help, there are a few company representatives and I seem to remember one's an o2 one.

Oh, and overall - relax. And whatever you do, don't talk to anyone on the phone, you need to do everything in writing for two reasons. Firstly, you've got a papertrail to back up your side of things, and secondly they're not going to bully you and lie in a letter because you'll have proof, unlike in a phonecall.

Ames · 12 July 2010 at 10:44PM

I was right, there is an O2 rep but they can't receive pm's. I've left a message on the thread they were on most recently though so hopefully they'll see that and pop over. If not I'm sure there'll be someone who can advise you more than me.

fermi · 12 July 2010 at 11:08PM

I've emailed the O2 rep on an contact email address they posted a short while back. Hopefully they will be able to have a look at this soon.

Hannah_10 · 13 July 2010 at 5:15AM

Hi Kirstie

The reason they're so horrible to you is because unless you're scared of them they can do sweet FA to get thier greedy little mitts on your money. You're not gonna have to go to court, no one is gonna come round your house, they can't do any of the other things they've been threatening you with either and last I looked £15 x 15 months less - £45 already paid comes to £180, not £276.58. It looks like BCW put another £96.58 on your bill- which they can't do either.

You're right that they're doing this to you because they can get away with it. There is not one single aspect of this that we can't help you with however since Fermi's gonna get the O2 rep to look at it for you then see what he/she says and hopefully that'll solve the problem. If you're not totally happy with the O2 reps' help (in short if your debt isn't cleared off in full) then pop back and let us know because if O2 wont resolve it simply then there are other avenues we can talk you through.

O2_Company_Representative · 13 July 2010 at 8:04AM

Hi Kirstiem,

I’m sorry to hear about the experience you’ve had recently. So, I understand that earlier you weren’t given the 3 months free promotional offer but have been refunded £45.00 via a cheque from Carphone Warehouse.

In regards to the letter from Buchanan Clark and Wells (a debt collection agency) who has insisted for a payment of £276.58, did they mentioned any details of that bill? If not could you confirm if any details were given by the CS when you called O2?

Abhishek

kirstiem · 13 July 2010 at 9:09AM

Thanks everyone for your help.

Yes I wasnt given the 3 months for free but when i went into the carphone warehouse store they just said they would send me out a cheque, they never once said i would have to pay it out of my own pocket to 02 until the money came in and the cheque didnt come through for 4 weeks. So by the time it came through 02 had sent my account to the debt collection company even though i told them i was gonna pay as soon as i get the money. The broadband has been cut off since April so ive not been able to use it and when i phoned 02 the other day asking to pay it and then pay £15 after that they said they wouldnt be able to do that as my account was now with carephone warehouse.

I dont know wether i am wrong or not but i think the blame lies with carephone warehouse as they signed me up wrong and by the time they paid it was too late?

Yeh that debt collection company said it was from my 02 account but the letter said 'we are not aware of any reason or dispute as to why you have not paid this if there is any please let us know' and then thats why i phoned and tried to tell them the reason but they werent having any of it..

Hannah_10 · 13 July 2010 at 9:16AM

Never ever phone the debt collection agencies Kirstie Honey, they will eat you for breakfast.

Debt collection agency for mistake caused by company - Am i liable?

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