kammy

Hi,
My housemate is being threatened by the collection agency for not paying his mobile phone bill for the last 9 months. However, he rang up 9 months ago to cancel the contract (after 2 years of use), and was agreed on the phone. The money stopped by direct debit aswell, which he cancelled. Then for the next 9 months not a word, no email, no letter, no phone calls.
Then out of the blue he recieved a call claiming he owed the collection agency £240! (9months line rental) and if its not payed they will collect the amounts worth from the house!

Where does he stand? He has no proof of cancellation. Surely they should have contacted him in the nine month period? Should he just cough up or is he being had?

Thanks for your help in advance.
Kambo

Chip

Had hassle myself a while ago with NTL over a debt I didnt owe.Was so glad I kept the proof of posting my letter of cancellation which was sent via recorded delivery to them.

Chip

Brendan Hughes

I get the impression that bailiffs usually employ shock tactics. Deep breath and go back to the previous place? (I can't be more helpful, sorry.)

Apparition

My other half had a similar thing happen .....8 YEARS down the line !!
He is the type who won't take that sort of sh1te and argued the toss. Got them to try to prove that he owed the dosh in the first place. They couldn't, matter sorted.
Pity that you didn't have this cancellation in writing, BUT if your mate hasn't received any bills from them in the intervening 9 months or any payment demands, then surely that's some sort of ammo.
Good luck.

Jap2Scrap

Let me guess.. Dialaphone?

Reffro

Whatever you do if bailiffs do call in person, DO NOT open the door to them. If they have a foot in the door (literally) they gain the right of entry at any point in the future. The right of entry will include be able to legally bash your door off the hinges if you are not home when they return, or if you refuse to open the door.....Do not let them inside under any circumstances until you get it sorted with the phone provider (i'm guessing its O2).

Then get on to the phone provider, get their agreement that the contract was cancelled, and ask them, to send proof in writing. Once you have that, you should be OK, but you also need to get them to cancel their instruction to the bailiff.

Once you have written proof you will be OK if they do call round but until then keep your front door closed to anyone calling.

kammy

Cheers guys. He is with O2 as mentioned, i guess this has happened before? Hope it doesnt get to messey
Kam

Iwan

Yeah, I had problems with O2 calling in the debt collectors after O2 cancelled my contract and didn't bother sendign me the final bill.

As I knew I owed the money I just paid the agency over the phone when I got the letter from them. Crazy thing is, O2 couldn't/wouldn't let me pay the same bill over the phone 8 months earlier.

Does your mate have proof that the contract was cancelled? Could be tricky if not...

Luminous

iTrader: (3)

AFAIK, without them taking you to court they do have ANY right to extract funds from you. Tell them to p*ss off and take you to court. If a court finds that he owes money, and then he does not pay, only then can the baliffs force entry.

Take advice from the Citizens Advice Bureau. Its free and they should tell you the same. Do NOT fall for their shock tactics. Do NOT pay till you have taken advice. Prepare to receive many many threatening letters, standard tactic. I very much doubt they will take the matter to court even if actually does owe the money.

Remember, it is for them to prove you owe the money to a court of law, not the other way round.

Horico

pretty much accurate but....

Even if a well dressed slim bloke in a suit just wants to talk and not do anything else - if he states he's a baliff, don't let him in. Once they've gained access, they CAN break down the door to gain entry..or window etc etc...even if you refuse subsequent entry.

GC8

http://www.debthelpuk.co.uk/law/bailiffs.htm