Hi, I'm really sorry to hijack, but I wonder if people could have a peek at my thread about a mobile contract in the Legal Section?? I really need to get this sorted for my learning disabled sister! http://www.consumeractiongroup.co.uk/forum/legal-issues/179542-phone-house-possible-fraudulent.html Cheers. UF

Hi everyone, i have a slightly parculiar problem here now, I will try and make it as short as possible, and any advice would be gratefully received! I've had a call from my sister who is in her 30's, but has sever learning difficulties and has a mental age at time of around 15. Her long-term boyfriend left her a few days ago and since then, it has come to her attention that he has taken out a new 18month T-Mobile contract IN HER NAME! The larger picture is this; she had a contract in her name for him that runs out on 6th feb (no probs with this one, she knew about it) but at the begining of Jan, her now ex-boyfriend received a call on this phone it was people from Phone House. The ex-bf, my sister went on the phone (stupidly) to say that they could talk to the boyfriend. He told her that it was a free upgrade and that there would be no contract etc. Now it has turned out that there was a contract. Part of her learning problems are that she doesn't always remember everything and so I cannot say, at this point, with any certainty what was and was not said. But at the moment, she cannot remember anyone explaining to her that she was agreeing to a new contract and she cannot remember okaying such a move - only okaying him to speak to them about a free upgrade. I know this is all a bit complex, but know he has gone and left her with an 18month contract that is no use to her - and he has taken the phone they sent as well!! We have had the SIM Card blocked so he cannot use it, but he still has the phone and it is outside the 14 day period (just) so we can't just cancel. I guess my quesion really is this; We do not think that it was ever explained to my sister that she was entering into a new contract and we do not think that the agreed to this, and so: 1- How can we prove what was and wasn't said in that conversation? (Subject Access Request?) 2- For this contract that they claim she took out to be valid do they have to have a recording and/or transcript of the conversation? (She has not signed anything). 3- Should we be reporting this to the police? Any advice would be really appreciated because, as you can see, we are in a tricky situation and I am certain that my mentally-ill and learning disabled sister is being taken advantage of!! Please help. UF

Seems like the usual b****S**t then really!! Well I guess the only thing is to look at some of the advice from the great and helpful people that have looked at your thread and then see what they come up with in the future! ;-) Have a good weekend. UF

lol yeah thats it! No doubt people that know far better than me will be along shortly to give some further advice. But I think that the general consensus on the forum now is that by sending blanks such as this, the company is fulfilling its requirements under the cca. However, as has been said before, if they took you to court then they would almost certainly have to provide a copy of one with your signature on it. In your first post you don't say what this is in relation to? What company? And did yu actually send this lot a cca request? If you are bemused as to what this debt is or you don't believe that you have taken out the credit etc that they claim then you can dispute it on these grounds obviously. No doubt there will be more people along soon. And as you say Tigs..... you also have an extra bonus for them as well!! ;-)

I cant see a link??

haha yeah I have a feeling that you're spot on there SH! Well I've fired off my letter to them and, depending on what they reply, I may cca them. Or I may just tell them to get stuffed!! We shall see what sort of mood Im in! :-P Cheers. UF

Im afrain I cant. Can you load it onto photobucket to make it easier to read possibly? Cheers. UF

haha someone beat me to it!! I was thinking of the cca account in dispute letter, but if people with more knowledge think a different one will work better then I shant argue!!! UF

Right, I think this is the one : sorry, wrong one. wont be a sec! ;-) Amend as needed!

haha yeah as you will see from the forum, BC are well known for trying all sorts of old rot!! LOL

1 sec Tigs and I shall see if I can lay my hands on it!

Also is there any chance that you can scan up a copy of the "agreement" that they have sent you (obviously remove all personal details) so that people can check it over? cheers. UF

There is some ongoing debate about this with the DCA's obviously saying that they have fulfilled their obligations and people such as us saying that they havent. If they were to initiate court proceedings, however, they would almost certainly have to provide a copy with your signature on it. People will be along shortly that are far more knowledgable that me with regards to cca requests!! If it were me, I would fire off the account in dispute letter and stop paying. But that is just what I would do if I was in the same situation. Obviously the action we take will differ from person to person and you must take the action that is right for you.

Recently received this letter from BC, I don't really need any advice at the moment, but thought I would make a thread to add to all the other BC ones!! I've had a good chuckle at this toilet paper because: a- I have no idea what they claim I owe money for and b- The letter is so full of the usual old guff from this lot!! The funniest part is the last paragraph where they ask ME to provide THEM with documents to prove that I dont owe THEM money!!! hahahaha! That bit had me rolling round the floor laughing!!!! I'm not sending a CCA request just yet, purely because I dont want him to have my quid!! Unstead I have posted the letter I have sent below the scan. Depending on what I get back I will send a cca request etc. Im pretty certain I don't owe this one so let em go jump off something very tall!! I look forward to getting the usual old rubbish back in return!! I shall quite enjoy this one!!! UF

I'm really sorry but my computer or the thread create tool has duplicated my thread!! Can a mod or someone please merge this one with: http://www.consumeractiongroup.co.uk/forum/legal-issues/177993-howard-cohen-judgement-but.html Or delete one please?

Sorry about this, the forum entry thing actually cut half of my first post off!!! The thing is that there are a few issues I wonder if anyone could help me with. Mainly these: 1- My mother NEVER received any court papers or anything telling her that the case was going to court or giving her the chance to file a defence! 2- She NEVER offered them the payment of £25 a month as the judgement document alleges! 3- The figures at the bottom of the judgement document do not add up!! For example (I will change the figures): As you can see, the first part says that she owed £640 and yet right below this, it says she must pay a total of £560! This is a discrepensy of £80!! Is this a genuine judgement? How can I find out? How could they have got this judgement when she has not ever received court papers? and how can they have got this judgement that says her offer of payment has been accepted in judgement when she did not make an offer of £25 a month!! Sorry for so many questions but this has made me ver confused and very angry!

Hi everyone, I shall try to make this as breaf as possible. In April 2008, my disabled and mentally ill mother sent a cca request to Howard Cohen regards an account they were trying to collect. She got a response that was satisfactory and so I helped her arrange to pay £5 per month. However, I have just found out tonight that she was unable to meet these payments for that last few months of 2008. Even worse than this, I have just found whilst at here house earlier, the following document: This was the first I knew of her ongoing problems with these people. When I spoke to her and my father about it, I found the following letter which Howard Cohen sent in September 2008:

No problems mate! Keep up the good fight. UF

No, Shane, anyone with debt for something such as a Credit Card or Loan, has a legal right to request a copy of the original agreement! This is regardless of how long you have owed the money, or how many payments you have missed. It is your right, and you are perfectly entitled to exercise it if you want to! Keep your chin up and fight the good fight!! You are in the right place to get some excellent advice!! And, more importantly, you are among friends!! This magical place has an unbelievable ability to instil a sense of control that is lost whilst we are mindlessly wandering through the wilderness of debt, forever fighting the incessant demons and gargoyles that barrage us with letters and abuse on an almost minute by minute basis. Once people have found the CAG, they can realise and grasp their legal rights and fight these hopelessly immoral beings that take such pleasure from the discomfort and pain of others. Stick around in the forum here, participate in discussions and threads, and before you know it, you will be empowered and you will be strong. There will be no more laying awake at night wondering what will happen, there will be no more tight chest, panicking that these people will persist with their idol and often misguided threats. You will be able to hold your head high, puff out your chest, and fight the good fight. With the endless knowledge and support found here, one way or another, these issues can be brought to a conclusion!

ok now I am certain that some of our resident cca people will be along shortly to have a peek for you!!! Just sit tight, someone will no doubt post shortly!! UF

I think it would definately be helpful, for some of the cca people around these parts to have a gander at for you!! ;-) UF

Well I don't know what to suggest, because if you can't pay it then you can't pay it!! If it were me, I would fire off the cca request and then just sit tight! But you need to do what is right for you, if you are not a fan of suspense, then try an alternative route. But I definately know what I would do. ;-) UF

Someone will be along shortly no doubt as I have a feeling that I have read somewhere that your signature needs to be within the same four corners as the prescirbed terms. However, I may have misunderstood this, so please do not take it as gospel or advice! Someone with more knowledge will be along shortly! UF

Can you scan up the "copy agreement" they have sent you? Does it have your details and signature? when was the account taken out? For now, keep the letter that they have sent you and keep the Postal Order that they have returned!! Because it proves that you made a CCA Request to them and so the 12+2 day time limit has already started ticking and would have started as soon as they received your request!! After the 12+2 days, the account enters dispute!! If they cant be botherd to carry out their legal obligations, that is not your fault!

From what I have read, an application form can double as a credit agreement. However, can I also ask if your signature is actually on the SAME PAGE as the prescribed terms you speak of above? Or is it on a different page (that they will no doubt claim is the back of the first page)? UF