T-Mobile mystery handset

[Red Brown]

My sister-in-law was contacted by T-mobile way back in November 2006 and offered a phone and contract. At the time, she thought it was a good deal and said yes. A few days afterwards (and before she had received the phone) she called them back and said that she had changed her mind and didn't want to go ahead with the deal/contract. Last Friday she received a letter from a firm of bailiffs demanding £235 for unpaid line rental in respect of this phone. She immediately contacted T-Mobile, who said that they had not received any communication from her to say that the deal was off and they had a signature on file for the receipt of the phone. She said that she never received any phone and has certainly not signed for anything so it couldn't be her responsibility. Prior to this letter from the bailiff she had no correspondence from T-Mobile. T-Mobile have asked her to send two proofs of signature to prove that she didn't sign for the phone but, have also said that in the meantime, they cannot stop the bailiffs doing what they do best! What should be her next steps?

[Docman]

Can you remove any peronal details from the letter from the bailiffs and then scan it onto this thread? Alternatively, can you type out the content of the letter, again ignoring any personal details.

[Red Brown]

Originally Posted by Docman

Can you remove any peronal details from the letter from the bailiffs and then scan it onto this thread? Alternatively, can you type out the content of the letter, again ignoring any personal details.

I don't have the letter with me today but, I'll try and collect it tonight and transcribe the details tomorrow. Thanks for replying.

[funhat]

What about your sister-in-law sending a S.A.R (Subject Access Request) to T-Mobile to find out exactly what information they have about her and the account?

[Red Brown]

Originally Posted by funhat

What about your sister-in-law sending a S.A.R (Subject Access Request) to T-Mobile to find out exactly what information they have about her and the account?

Certainly an option, my SIL says that she has had no correspondence from T-Mobile at all about this phone/contract and was only made aware of it when the bailiffs letter turned up, so if she S.A.R 'd them would this force them to produce a signed contract etc?

[diskmandave]

What's this talk about bailiffs?

Bailiffs can only be involved further to a CCJ, it not being paid, and and the Court making a further Order for enforcement.

Is there a County Court Judgment?

[Red Brown]

DMD (thanks for your reply), after a proper discussion with my SIL, the plot thickens. The letter was from a DCA (not a bailiff) called Red?, who say they are acting on behalf of T-Mobile. They are now asking for two proofs of signature from my SIL, so that they can compare her true signature to the signature that the postman collected over two years ago. Should she comply with this request? Also, just to make things more complicated and I didn't know this when I posted earlier, my SIL tells me that my Brother in Law has had a mobile phone, in her name (I don't know why), for the past 10 years and when she got the first letter from Red (back in November) she thought it was for him and she passed it to him. She now tells me that he contacted Red and when he discovered that it was nothing to do with his contract, he wrote them a letter telling Red to stop hassling him but......wait for it....he signed it using my SIL's name!! So, there is the forged signature the postman got (or didn't get), the 'forged' signature that my BIL put on his letter to Red and my SIL's real signature which no one has yet seen. I know it's a real mess and that my BIL may have to explain the letter from him with my SIL's signature but, is there a simple request that my SIL can make to T-Mobile which would avoid having to expalin this embarrasing mess? She confirmed today that she cancelled the verbal contract on the same day that she said yes to it, she has never had any paperwork from T-Mobile in respect of this phone and has never signed any contract. If you can be bothered to read all this I would be grateful for a short answer. Thanks for all your help.

[spamheed]

The burdon of proof will always be on the creditor. As for sending them proof that the debt isn't "yours" it isn't your job to do this, it's their job to prove that the debt is genuine and has been sent to the right place.

send them nothing, they have no right to ask for it and you are under no obligation to supply them. It may be a consideration to offer to substantiate your identity and signature in the courts.

If they provide documentation proving that goods were provided to that property and in that name, then, either someone can contact them and explain away the fraud, ie obtaining goods in someone else's name, or they can pay the outstanding amount.

[Red Brown]

Thanks Spamheed,

When you say 'it maybe a consideration to offer to substantiate your identity and signature in court' is this something she should offer now? i.e. simply tell them the debt is not hers, she klows nothing about it and as far as she's concerned they can take her to court.

[funhat]

I certainly wouldn't be giving any proof of a signature to Red, that's got trouble written all over it. You should only try and liase with T-Mobile, you can garentee that Red don't/wont care about your concerns and will only go on pushing for payment regardless.

[spamheed]

I would consider continuing to deny the debt and get Red to prove it's yours. if there is no documentation then I would be interested to see how they can prove it, there have been no payments on the account, so there is no acknowledgement from you of the debt. make them earn their money

as per Funhats comments, don't send them anything with your signature on it, these things have been known to be cut and pasted onto agreements and all sorts of other documents. Can you say with a clear head that you know and trust everyone who works at Red? no? then take the police's advice and keep your documents safe.