ccj for non existant phone contract

[obolisk]

hi there ive recently received a ccj from adams phones because i defaulted on my account for vodafone mobile broadband i paid 4 months upfront but now they want me to pay £500 for the rest of the 18 month contract which i have never signd as i orderd online so can i fight this to have it removed or am i screwd
thank you in advance

[buzby]

Firsty, if you applied for the service online, it doesn't matter you nerver signed - receipt of the goods and use of the service is enought to confirm that a contract exists and you have to be bound by it.

You say you have a CCJ from Adams Phones, this is most unlikely - they would only be the agent, it would be the network (Vodafone) who would pursue you as your contract is with them. That said, iyou would have to have ignored a great deal of correspondence from them, their DCA and the court to have a CCJ registered.

If this is indeed the case, you're stuffed and there's to right of appeal. The next step will be enforcement and this can include hanving your bank account garnished to pay the debt. If it is only the THREAT of a CCJ, there's a lot you can still do, as it will not have called in court.

[obolisk]

it is definatly adams phones that have filed the ccj but the problem is that i wasnt aware that it was an 18 month contract until they told me that they were fiiling a ccj because i had to pay 4 mopnths up front i thought that it was like a pay as you go type of thing

[obolisk]

surely there would have to be some kind of signed document to prove the contract existed

[buzby]

Adams Phones cannot 'file' a CCJ only a court can ' issue' one. Can you recall receiving any documents requesting you attend court? If not, it could just be a bluff.

Again, there it NO LEGAL REQUIREMENT for a signature. You confirm the arrangement by paying for it - which you did. Only 3UK offer Mobile Broadband on PAYG, Vodafone always offered it contract only. Since you paid 4 months 'up front' are you saying you thought you were simply crediting your PAYG account?

It all sounds a bit iffy - which court registered the CCJ, and do you have a court reference number?

[obolisk]

its northampton court the claiment is adam phones ltd i received a notice of executionj of warrent this morning from worcester court but i dont recall receiving anything asking me to go to court
i read somewere that it is against the law for them to share my details with any body else unless they have my permission to do so which the havnt and surely they would have to be in possesion of some sort of credit agreement

[buzby]

Again, things are not right. Your would have recieved documentation asking whether you admitted the debt and a date for the case to call in court. Your Warrant of Execution is the final stage, you've been found in default for not contesting the action, and the court would have sent you details of the decision. The Warrant is the follow-up, allowing the pursuer to sieze you assets.

It might be useful to contact the court on Monday, quoting the case number and asking them to confirm it is legitimate, and query why this is the first contact you have had from them. You can have the case reheard, but from what you say the debt is due and you simply hadn't paid them.

Can you scan or type in the wording of the claim against you?

Finally, I'm not sure what you mean talking about 'sharing' your data - telling the court about non payment and arranging pursuit for payment is entirely proper. As for a credit agreement... did you sign one? You said you didn't. Mobile contracts are not credit agreements, just service agreements, so no need for CCA provisions.