Carphone Warehouse - O2

[Befnal]

I cancelled a contract in November, a month prior to the end of the term, as I was changing networks. Along with the disconnection notice I requested the PAC to save myself changing numbers, but decided that I preffered the number allocated from my new network. Having cancelled the direct debit payments I thought no more of this until I received a bill for nearly £70 for 2 months line rental. I explained that I had requested disconnection at the end of the contract, but was told that because I didn't use the PAC the line remained active, even though the expiry date for the PAC was the same day my contract ended.

I have refused to pay the bill as I can find no mention of having to use a PAC once requested, in the terms and conditions of the contract. Carphone Warehouse have threatened to pass the debt on to a collection agency, whereas I would be prepared to take this to the courtroom if it were not for the fact that I have spent the past few years repairing my credit record.

If anyone has any similar experiences I would be grateful to hear of them.

[buzby]

Talk about double dealing! The request for the PAC is notice that the contractural relationship for that number on that network is at an end. If the PAC request is not made in time, the number is lost. So tough of the requestor. However, you requested termination AND a PAC code, so irrespective of your decidion not to transfer the number, you are not liable for any service as you correctly terminated. Just tell them the non-transfer of PAC does not invalidate your termination letter, and if they pass the matter for external collection or enter adverse information on your credit file, you will take immediate action to protect your interests, and the costs for so doing will be met by CW.

[Befnal]

Originally Posted by buzby

Talk about double dealing! The request for the PAC is notice that the contractural relationship for that number on that network is at an end. If the PAC request is not made in time, the number is lost. So tough of the requestor. However, you requested termination AND a PAC code, so irrespective of your decidion not to transfer the number, you are not liable for any service as you correctly terminated. Just tell them the non-transfer of PAC does not invalidate your termination letter, and if they pass the matter for external collection or enter adverse information on your credit file, you will take immediate action to protect your interests, and the costs for so doing will be met by CW.

Thanks Buzby, I thought as much, but just wanted reassurance that I was doing the right thing. What make this even more strange is that I have been told that I won't receive any further bills, as the line will be disconnected after a 2 month period anyway!

[Janet-M]

Make sure that after you get this sorted you check your credit files as CPW still made incorrect entries on mine when they where in the wrong .I.E missed payments etc
I did get mine corrected but it was a few years before I checked my file and saw what they had entered ( I now keep an eye on my files ) so it had sat there for long enough.

[Befnal]

After countless email exchanges and phone calls to CPW they are still claiming that I owe them 3 months billing which was produced subsequent to my cancellation, I then received a notice from a collection agency with the threat of legal action if I did not pay up.

I called the agency and took great care in explaining the situation only to be told, and I quote: "I'm not interested in your dispute with our client", at which point I lost my temper and not very politely ended the call. They then called me back twice, both calls ended in the same manner as the initial call.

I have written to them to explain that I will not be paying the bills and if they insist on going to court I will be counter claiming for the time spent in correspondence and time lost at work due to having to attend the hearing.

[buzby]

Are they disputing you gave notice of termination (or a PAC request)?

[Befnal]

Originally Posted by buzby

Are they disputing you gave notice of termination (or a PAC request)?

They're not disputing either, they are claiming that just because I chose not to use the PAC that I was liable for subsequent bills, despite the fact I had terminated the contract!

[buzby]

Fine. It is their error. You can wait until they try to enforce, or you can take the offensive by declaring their non-compliance to your cancellation is not acceptable and you will be taking action to protect your interests. This will cost £30 to check with CRAs etc, and they will be held liable for these charges until you receive assurances that any adverse credit data has been removed.

[Befnal]

Originally Posted by buzby

Fine. It is their error. You can wait until they try to enforce, or you can take the offensive by declaring their non-compliance to your cancellation is not acceptable and you will be taking action to protect your interests. This will cost £30 to check with CRAs etc, and they will be held liable for these charges until you receive assurances that any adverse credit data has been removed.

Thanks again for the advice, will keep you posted.

[Befnal]

Update:

After a letter from Frederickson International last week I responded by saying that I would not be paying the bill as I had cancelled the contract and had paid the bill up to the 30 day notice period. This morning I received a Letter Before Action, threatening me with a bill of more than £100 if I did not pay the £30 they claim is due.

I have checked the terms and conditions of the contract and nowhere does it say that billing will continue if I fail to use the PUK code. That being the case I consider my cancellation to be valid and that a request for the code does not change that.

I intend to defend this claim, but equally I don't want to have to travel to a court room to fight my corner over a £30 bill, when it would cost me 5 times that amount in a days lost work. If I defend the claim successfully what am I allowed to claim back by way of expenses and loss of earnings?

[dw190]

Originally Posted by Befnal

Update:

After a letter from Frederickson International last week I responded by saying that I would not be paying the bill as I had cancelled the contract and had paid the bill up to the 30 day notice period. This morning I received a Letter Before Action, threatening me with a bill of more than £100 if I did not pay the £30 they claim is due.

I have checked the terms and conditions of the contract and nowhere does it say that billing will continue if I fail to use the PUK code. That being the case I consider my cancellation to be valid and that a request for the code does not change that.

I intend to defend this claim, but equally I don't want to have to travel to a court room to fight my corner over a £30 bill, when it would cost me 5 times that amount in a days lost work. If I defend the claim successfully what am I allowed to claim back by way of expenses and loss of earnings?

You can claim your reasonable out of pocket expenses, loss of earnings is limited in the small claims court. You can also claim for your time spent on preparing and researching at the rate of £9.25p per hour.