Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am new to this, so please bear with me...
I signed up to an 18 month contract with Talk Talk. After about 8 months of shoddy service a fault developed on the phone line and I had no phone service. Despite numerous attempts to fix this, the line (to my frustration as I wanted the cheap phone service) was not fixed, so after 5 weeks I phoned up and cancelled my service without penalty as they had failed to fix the fault within 28 days (part of the contract apparently)
Subsequently, I received (a couple of months later ) a bill for £40. I called up to explain that i had not received phone services for the period my phone was out of action and was told to ignore this letter.
After a couple of months, a process (which I can know see in hindsight) of increasingly menacing letters from a collection agency and increasing amounts of supposed money owed followed. Having such a patchy and largely unsatisfactory experience of communication with the company I did not endeavour to clear up the matter as previous experience had taught me that hours could be spent on the phone with no clear outcome; so i left it.
Ultimately,the letters have reached a climax with the threat of court proceedings to be issued if I do not pay £173.94 by 22 January.
I phoned the company on the 18th Jan, and asked them to evidence this debt, provide documentary support and a Breakdown of the figure. The person on the phone refused to give me an email, or a fax, or provide documentation. She said they will get it if they go to court.
What I requested is the following (which I am planning to send today or on Saturday 19th in letter form by special delivery):
Dear sir/Madam I am sorry I have not gotten back to you sooner. Can you please provide me with the documents relating to your claim of £173.94 In the mean time i would apreciate if you could refrain from issuing court proceedings until I receive this information and can respond to your claim. It seems extraordinary that I was refused this informaton when it was requested over the phone and I was also not provided with an email or fax number upon request. Yours sincerely,
I feel agrieved at having to pay for something I feel I dont owe, but I lack physical documentative proof to back up my side of events.
As you were without your phone for some time, and they knew it, you could counter sue for breach of contract. I think I would write to them, do not phone as you may need a record of your communication, and ask them if they know of any good reason why you should not sue for breach of contract.
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Welcome to the site.
First of all its important to keep lines of communication in writing,but more importantly that you use procedures that are laid down (this means using the weight of the law and quoting it)
I am going to move your thread to the telecoms section but it may be that you will also need help in the Debt forums.Which debt collection agency is involved ?
Has the debt been sold on?
It is essential to keep a record of communications,and copies of any that you send.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
As you were without your phone for some time, and they knew it, you could counter sue for breach of contract. I think I would write to them, do not phone as you may need a record of your communication, and ask them if they know of any good reason why you should not sue for breach of contract.
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Thank you badger. An excellent suggestion. My problem, as i see it, is lack of documentative evidence. I have no correspondence that backs up my version of events. Any suggestion?
Thankyou for the advice. I shall now do everything in writing. How do I find out if the debt has been solf by carphonewarehouse/talk talk? As I am now being chased by Bryan Carter & Co solicitors
A Subject access request should reveal some of the things you need in particular their logs.
Your account statements should show that you made no calls during the downtime of your services too.
The Subject access request should be made to CW.
In the meantime write to the solicitors and advise them that the account is in dispute and as such any attempts of recoveries of alleged debts should be suspended in accordance with FSA procedures.
Its also a good idea to get copies of your credit files from Experian Equifax and Mycal credit agencies to see if data has been recorded there.
This will show the owners of the debt and the contact info of who you need to be dealing with.
It costs £2 per application but is worth doing and usually quite quick.(7-10 days to get it )
In your SAR be specific in what you want ie; That you require copies of your account payments history/and also communication logs between you and them.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Have the problems of sgelten and badger69 been resolved - if so, what were the results ?
I'm interested because I'm in the same position at the moment, with TalkTalk refusing to answer any of my letters.
The first debt collection agency was polite and closed the account when I sent the appropriate documentation; however, the second one was very threatening - sheet was headed "NOTICE OF PENDING LEGAL PROCEEDINGS" and the company has not replied to my recorded delivery letter.
Talk Talk...contract issues/Debt collection
of the figure. The person on the phone refused to give me an email, or a fax, or provide documentation. She said they will get it if they go to court.
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Originally Posted by BADGER 69
