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davey_weir

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Everything posted by davey_weir

  1. Seen as though no one replied before, Im reposting asking for help. Here is the letter I received from BCW (yawn) Pursuers: O2 UK Limited Principal Sum £714.85 BCW Ref Client Ref LEGAL NOTIFICATION Dear Sirs Despite repeated requests for payment your overdue debt, in the sum of £714.85 with our clients O2 UK Limited remains outstanding. Accordingly, documents can now be prepared for the issue of a Claim against you in your Local Court. ONCE JUDGEMENT OR DECREE HAS BEEN GRANTED THE FOLLOWING CAN TAKE PLACE: Your debt being increased to include Legal costs and interest Your name being entered in the Public Records of your Local Court Your Credit Worthiness being adversely affected for future Credit & Mortgage Application IF THERE IS CONTINUING NON-PAYMENT THEREAFTER: An application is made to your employer for an attachment of earnings An Officer of the Court can/may be instructed to Sieze your Assets To avoid action being taken, payment must be made immediately. You can bla bla bla bla And then this daft computer generated scrawl for and on behalf of BCW. Anyone got any advice for me?
  2. As far as i am aware, until you report the phone stolen you are still liable for calls made through the sim card in the phone i.e. the sim card belonging to you. But, if you informed them more or less straight away Id take matters further. BCW are bad bad bores. Im dealing with them now as o2 are accusing me of not sending a handset back 16MONTHS AGO and want me to pay £711. eff off!
  3. Many moons ago I was in college and my cousin worked for Barclays. I didnt want to get a job with too many hours as I had found my previous college course very hard due to lack of time to complete work due to all of the hours I was having to work. I took out a Career Development Loan, a loan whereby the government pays the interest until you finish your course. I finished the course an the bank begun to request payment, something I could not due to lack of employment. My cousin told me it was unsecured and they couldnt do anything if I didnt pay it back. (He also told me if I went abroad for a few years the government would have to write it off!) Anyway, its been a good few years now, the loan still appears on my online banking but the balance is n/a and i have received nothing from them requesting anything (touch wood!) Have they forgotten about me? I cant afford to pay them, what will happen if I dont?
  4. Wouldnt dream of it. Ill take it as advice though!
  5. Thats a great shout that. What if I have already contacted them in regards to previous letters and also faxed a copy of their latest one to OFCOM?
  6. So, if you receive a letter from the DCA and it isnt recorded you are well within your rights to say you havent received anything?
  7. Hi, new to the forum, but have found it really useful and interesting! Seems there are a lot of people in the same boat! Heres my situation in a nutshell. I had a contract with o2 and was mis-sold an upgrade. I had been upgrading for a few years then was told I was on a sim only contract. I explained I had been upgrading for years and they admitted it was their mistake and I could continue upgrading. A year later I tried upgrading again and was told I would have to go onto another tarrif that "would save me money anyway." I called them 2 weeks into it saying I was concerned about my usage. They told me they would "extend my cooling off period from 14 days to the next bill date and if I didnt see a difference to call back and they would do something about it." I called back and they told me that they would put me back on a sim only contract. That way I could request cancellation and 30 days later it would be cancelled with no charges. They also waived the bill. I requested a jiffy envelope to send the handset back, which they sent. The jiffy envelope came with a prepaid label. I packed the handset in and went the post office. The envelope was pre paid so I didnt request a receipt or anything like that. I just put my trust in Postman Pat. I received a letter from Wescott saying I owed o2 £711. This was the 18 month contract multiplied by the monthly line rental. I quizzed this and they said to ring o2. I called o2 and was told that they hadnt received the handset and that the handset had been used in Liverpool close to my home address. I told them I was now on orange and had been for a long time. I contacted Wescott who told o2 they would not deal with the case any further and returned it to o2. They were satisfied I had no case to answer. Imagine my surprise when I received a letter from Buchanan Clark & Wells asking for £711. I contacted them and they were not helpful in the slightest. They wouldnt listen. They asked me to prove I had sent the handset back, which I couldnt. The woman said "how do I know you havent just sold it on ebay." Superb, mature comment. Anyway, after a bit of arguing I decided to hang up as I wasnt being listened to. I received numerous phone calls to my mobile phone, I dont know where they got my new telephone number from, but I asked who it was and again entered into a slanging match with the agent. I hung up. I have now had a letter claiming legal action is to be taken against me. I would quite happily go to court, however I have no proof of delivery seen as though o2 sent me a prepaid label and jiffy envelope. I had sent phones back in the past without problem. I faxed OFCOM with my complaint and also included the letter from BCW. I spoke to consumerrights.com and they said the following: "Based on the information you have provided the key legal points in response to your enquiry are as follows: You are being pursued for £700 in relation to a mobile contract that was cancelled within the cooling-off period. Only the court can actually order you to pay a claimed debt. To get such an order, a trader must provide proof that the debt is owed. If they cannot do so, the court would not make such an order. At this stage, we would advise that you send the collection agency a recorded delivery letter, keeping a copy for your records, asking for proof that you owe a debt. Make it clear that without such proof, you will enter no further correspondence or discussion over this matter, and may consider further requests for payment to be harrassment. You should also send o2 a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (i.e. 14 days). Make it very clear what you are claiming from them - that they ensure any further collection activity is ceased. It is also worth retaining copies of everything sent, for your records. If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number." I am now going to write to both BCW and o2. But I wanted to throw some stuff in like Data Protection, like harrassment. I just wanted some advice on writing the letter and, if there are any templates on this site, as I know there are millions. Please enlighten me!!
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