Mobile Phone Account

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Mobile Phone Account

Postby paulp32 » Thu May 12, 2011 1:04 pm

Hi, I am indispute with a firm of solicitors who are acting for a company that purchased a debt from a mobile phone company, the account of which I have no knowledge. I sent them a template letter under s77/78 of the Consumer Credit Act 1974 and awaited their reply within the 12 day time limit. I received a reply stating that the consumer credit act 1974 does not apply to the account because the contract is for services, not credit and they went on to say that I could apply for a copy of the contract where I obtained the device. As I am disputing the account in the first place this cannot be done. Can someone out there point me in the right direction in the way that I should contest this matter if my template letter was wrong or maybe am I right and the solicitors are just trying it on.
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Re: Mobile Phone Account

Postby MikeThomas » Thu May 12, 2011 1:35 pm

The onus of proof is on them Paul. MAXIM OF LAW: He who states, must prove.

If the contract is not yours, tell them once more and include a fee schedule for your further responses. (They charge for letters don't they?) They will try and bully you with 'legal' tactics but don't bow to the pressure mate.

On the other hand, if you want to piss them off and have a little fun, let them take you to court and produce the evidence. If it exists :yes:
We are the people our parents told us NOT TO PLAY WITH
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Re: Mobile Phone Account

Postby pedawson » Thu May 12, 2011 4:57 pm

Mike is right, the onus is on them.

What they are trying to do is get you into a position where you admit to something, then they have you. little or no communication in these matters is imperative. If they send you a notice and you read it make sure there are no statements that will trap you.
'Please contact us at your earliest convenience, to settle this matter' is a great one to trap you into admitting there is a 'MATTER'. [Just an example]

It should be enough for you to write them denying you have a contract with ... and state that if they feel you have, to provide the evidence for you to peruse.
If it got to court you have to provide proof that you honourably tried to remedy the problem / situation however the information you requested was denied.

If they call you or write, after you have requested the information, your stock response should be, 'Without the supporting paperwork I can make no comment, please send the alleged contract for me to read and I will be able to comment.'

On the other hand you could just ask them to thank the company for paying your debt. You did not ask for it to be paid and they never contacted you to ask if you would pay them back if they did. Had they asked, you could tell the solicitors, you would have not agreed. The contract is with the mobile phone co.. and as they have been paid they will not be perusing the debt, will they?.

Namaste, phil;
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