Carphone Warehouse and their DCA :(

[padi-paddy]

Well I think it will be easier if I post the last letter my girlfriend wrote to CW....... it should explain it all

Dear Nigel Pearson,
Thank you for your letter that I received in the post from your department at Carphone Warehouse.
Perhaps the people at Carphone Warehouse are having difficulty with my previous correspondence which has included numerous phone calls, letters and emails. So please forgive me if the tone of this letter seems belligerent but I am at the end of my tether with the way in which your company has treated me over this issue.
I ordered (Over the Phone) an upgrade package and NEW Airtime Tariff for myself with Carphone warehouse sometime ago. Within minutes I called back to cancel only to be told that I couldn’t. I was further informed I would have to have the phone and upgrade tariff and if I didn’t accept it I was threatened with being black listed with creditors in the future. As you can imagine I was worried and contacted various consumer rights organisations including:
The Office of Fair Trading
Consumer Rights Council
Citizens Advice Bureau
T BERGIN Solicitors, The Diamond Rathcoole, Newtownabbey.
I immediately rang your company informing them that I had changed my mind pursuant to:
Statutory Instrument 2005 No. 689
The Consumer Protection (Distance Selling)(Amendment) Regulations 2005
Statutory Instrument 2000 No. 2334
The Consumer Protection (Distance Selling) Regulations 2000
I also wrote an email to CARPHONE WAREHOUSE outlining my concerns about the threats made to me about credit black listing and informing them in writing that I did not wish to receive the phone and sent copies to the OFT and Consumer Rights Council.
CARPHONE WAREHOUSE web site states:

7 - DAY RIGHT TO CANCEL*
As you will not have had the opportunity to examine your product before purchasing it, you are entitled to cancel your agreement with us under the Consumer Protection (Distance Selling) Regulations 2000. If you notify us within 7 working days from the day after receiving the product (the "Trial Period") we will provide you with a full refund.

If you have purchased a handset upgrade and are continuing with your existing airtime contract, you will not be entitled to cancel your airtime contract. See our return or exchange process below.

As per CARPHONE WAREHOUSE Instructions I notified CARPHONE WAREHOUSE in writing and email of my intention to exercise my Rights under the aforementioned Distance Selling Regulations 2000 and returned the phone and sim card (unopened) by sending them back Royal Mail Recorded Delivery. I also rang CARPHONE WAREHOUSE and informed them exactly what I had done only to be threatened once again by various managers in CARPHONE WAREHOUSE
Within 2 weeks CARPHONE WAREHOUSE attempted again to send me the phone which I refused to sign for when it arrived at my door.
So now once again I will inform you for the last time that as stated above and for the reasons given above I do not want or require any services from CARPHONE WAREHOUSE
I have stopped all direct debit payments going from my bank to CARPHONE WAREHOUSE
I do not wish to have any form of contract, service or indeed letters offering services from CARPHONE WAREHOUSE . I have found CARPHONE WAREHOUSE to be bullying in the extreme, threatening and obtuse.
So please do not write to me saying I owe money for a service I cancelled, did not accept as is my rights................... ...............

we are now being harrassed by some company Buchananclark + Wells a DCA for £114.97.... we got a final demand even though they are aware that the amount and contract is in dispute............... what do we do next.

ANY HELP APPRECIATED............. feel free to ask questions cheers
Rab and Davi

[poochball]

Hi,

If it were me, I would right to Buchanan Clerk and Wells to advise account is in dispute.

Next I would contact Trading standards with the details of my complaint and ask for their assistance.

Also I would possibly go to the Citizens Advise Bereaux for some help as well.

Thanks

[kennyparkroad]

not only that send a CCA to Buchanan Clerk and wells, as you didnt sign anything, i dont think they will have one! it also stops them asking for money when the account is in dispute.

[padi-paddy]

Originally Posted by kennyparkroad

not only that send a CCA to Buchanan Clerk and wells, as you didnt sign anything, i dont think they will have one! it also stops them asking for money when the account is in dispute.

What is a CCA ? and how do i go about issueing one

cheers

Dav and Rab

[pmhcfc]

Originally Posted by padi-paddy

What is a CCA ? and how do i go about issueing one

cheers

Dav and Rab

Dont forget to send a £1.00 Postal order and send recorded also:

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours Faithfully[/font]