BCW - reprise (a legal notification)

[davey_weir]

Hi all

 

Just wondering what I should do in terms of o2? Obviously the phone which I sent back has been "lost" somewhere along the line and has been used. Whats even worse is apparently someone used it in Turkey, which is where I went on holiday, but it was used when I werent in Turkey. And I do know a lot of people from Liverpool go to Turkey for their hols! It sound really suspect but this is the reason why I am fighting it all of the way.

 

Does anyone have any advice on next steps to take with o2?

[emmaf01]

Have you got in touch with the police? Someone has committed a criminal offence here. Perhaps with a crime number you could get O2 to listen more.

[The GodMother]

have u sar'd 02 yet as this shoul prove a lot of the case. remember to ask for detailed bills which includes where the phone was used.

[davey_weir]

Have you got in touch with the police? Someone has committed a criminal offence here. Perhaps with a crime number you could get O2 to listen more.

 

No I havent yet, cos I want to find out more details.

 

have u S.A.R - (Subject Access Request)'d 02 yet as this shoul prove a lot of the case. remember to ask for detailed bills which includes where the phone was used.

 

Again, no I havent. Can you point me in the right direction?

[The GodMother]

the SAR is in the templates libary

[davey_weir]

UPDATE

 

I Received this letter today:

 

My name & address

 

 

 

8th November 2008

 

 

Pursuers: Telefonica O2 UK Limited

Principal Sum: £714.85

BCW Ref: B7819130

Client Ref: 1002190619

 

VISIT BY DEBT INVESTIGATION OFFICER

 

Dear Sir/Madam

 

We regret to note your account with Telefonica O2 UK Limited for £714.85 remains outstanding

 

 

You were informed in our last correspondence of the potential of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no other option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address, in order to discuss and agree repayment of the debt.

 

If your address details are incorrect, or if there is a particular time you wish the Officer to call we would ask you to contact us immediately on 0871 700 1557

 

Yours faithfully

 

For and on behalf of

Buchanan Clark & Wells

 

So, what do I send to them to:

a) remind them that I still have acknowledged no debt

b) reming them that what they are doing is illegal i.e. pursuing a debt whilst it is in dispute

c) remind them that their last correspondence stated that it was up to me to prove I owed no debt (which infact is a complete contradiction to the law) and that it did NOT state anything about impending court action.

[KER]

You surely sent the phone back to them via special delivery right? So send them the slip etc....

[davey_weir]

If you read the thread from the beginning you will see that they sent me a jiffy with a prepaid label, which I had used many times before, so I didnt send it special delivery, no. Nor did I get proof of postage. But, I do now for everything that is important!!!

I have asked Royal Mail to back trace it. Theyve said they cant.

[KER]

If you read the thread from the beginning you will see that they sent me a jiffy with a prepaid label, which I had used many times before, so I didnt send it special delivery, no. Nor did I get proof of postage. But, I do now for everything that is important!!!

I have asked Royal Mail to back trace it. Theyve said they cant.

 

 

Of course RM can't trace a parcel back with no identification on it! They receive thousands of items each day.

 

To be honest I think you're onto a loser here. For the sake of spending £5, you could have saved yourself £500. They most likely have proof that you received the phone (well they have, as already stated in this thread). As for "it was used in Turkey" - well that is just a sim card registering, you can't guarantee it was the phone you sent back I'm afraid.

 

 

(btw, this is just MY opinion - of course others will differ and naturally it doesn't mean it's definite just because I've said it!!)

Edited November 12, 2008 by KER

[ODC]

Of course RM can't trace a parcel back with no identification on it! They receive thousands of items each day.

 

To be honest I think you're onto a loser here. For the sake of spending £5, you could have saved yourself £500. They most likely have proof that you received the phone (well they have, as already stated in this thread). As for "it was used in Turkey" - well that is just a sim card registering, you can't guarantee it was the phone you sent back I'm afraid.

 

 

(btw, this is just MY opinion - of course others will differ and naturally it doesn't mean it's definite just because I've said it!!)

I think you are being a bit hard on the OP. He is looking help on dealing with his problem not someone with 20/20 hindsight telling him what he SHOULD have done. What he needs is help and advice in dealing with the pondlife who are on his case at the moment.

[davey_weir]

I think you are being a bit hard on the OP. He is looking help on dealing with his problem not someone with 20/20 hindsight telling him what he SHOULD have done. What he needs is help and advice in dealing with the pondlife who are on his case at the moment.

 

Thank you very much ODC.

 

I obviously realise that I should have sent it recorded delivery which is why now anything important is sent that way i.e. my phone which Orange want to test because its faulty. I have learned the hard way and now I just need to know which way to go to a) get them off my back and b) get this horrible default off my credit report which is affecting everything (27% APR on my car finance - a car is essential in my job)

[ODC]

You can point out to these muppets that this alleged debt is very much in dispute and that they are in breach of OFT guidelines on debt collection by continuing to harrass you for payment.

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

6 Debt collection guidance July 2003 (updated December 2006)

[davey_weir]

That will do for me! Ill copy this into a letter I previously sent and resend it.

[KER]

I think you are being a bit hard on the OP. He is looking help on dealing with his problem not someone with 20/20 hindsight telling him what he SHOULD have done. What he needs is help and advice in dealing with the pondlife who are on his case at the moment.

 

To be honest, I'm just not rose coating it.

 

Think about it, 02 most likely have proof of delivery to the OP. The OP has no proof of delivery back. 02 can produce that in Court, the OP can but say "well I sent it back in their envelope but it's now nowhere to be found"

 

Unless I'm missing some proof that the OP has that he hasn't mentioned that is!!!!

[davey_weir]

To be honest, I'm just not rose coating it.

 

Think about it, 02 most likely have proof of delivery to the OP. The OP has no proof of delivery back. 02 can produce that in Court, the OP can but say "well I sent it back in their envelope but it's now nowhere to be found"

 

Unless I'm missing some proof that the OP has that he hasn't mentioned that is!!!!

 

Would I go through all this bother???

 

I went back to the post office where I posted it. I asked them for something in writing to say I sent it, they said because it was so long ago and they dont remember it then they couldnt provide me with anything. They agreed it was very unfair though and they also gave me a form to fill in to try and trace lost parcels.

 

I received a letter back 2 weeks later saying that they were unable to trace any package, especially since they have no tracking number for it. I appreciate I may be fighting a losing battle. But Im a fighter, not a quitter, and I stand up for what I believe is right. Ripping people off is something I do not believe is right.

 

Especially when its a blue chip company doing the ripping off. Im trying to get the power back with the people.

[ODC]

To be honest, I'm just not rose coating it.

 

Think about it, 02 most likely have proof of delivery to the OP. The OP has no proof of delivery back. 02 can produce that in Court, the OP can but say "well I sent it back in their envelope but it's now nowhere to be found"

 

Unless I'm missing some proof that the OP has that he hasn't mentioned that is!!!!

 

The OP is not disputing the fact that he has no proof that he sent it back. With the benefit of hindsight, rose-tinted or otherwise he does not need to be told what he should have done when he trusted our wonderful postal service. He didnt come here to be told how foolish he was for not sending it with proof of postage. He came looking help as to how he could sort his present difficulty out not for a lecture on his mistake.

[spamheed]

Here here!

 

Dropping an envelope into a postbox used to be a guarantee that the item would be delivered in good order.

 

Davey - Although you cannot prove that you sent the phone - can they prove that you didn't? after all, they provided you with the means to return it, if those means are deficient, then who carries responsibility for the non-delivery.

[davey_weir]

Here here!

 

Dropping an envelope into a postbox used to be a guarantee that the item would be delivered in good order.

 

Davey - Although you cannot prove that you sent the phone - can they prove that you didn't? after all, they provided you with the means to return it, if those means are deficient, then who carries responsibility for the non-delivery.

 

My point exactly, and why does the law always favour the companies??

 

The only thing now is what I do about it.

[KER]

The OP is not disputing the fact that he has no proof that he sent it back. With the benefit of hindsight, rose-tinted or otherwise he does not need to be told what he should have done when he trusted our wonderful postal service. He didnt come here to be told how foolish he was for not sending it with proof of postage. He came looking help as to how he could sort his present difficulty out not for a lecture on his mistake.

 

 

You are misreading what I am saying. I am not trying to dig at the OP, I am trying to say what a Court would say if 02 were to try and force it through them. That's nothing to do with hindsight, would you stand up in court and say what you said above when they asked you where your proof was?

 

 

 

OP, why exactly won't you report it as a criminal matter? Surely at least if you have a crime number then you can at least show you have been proactive and concerned about it!

[The GodMother]

i thought the law stated that when a item entered the postal system it became property of the recipent.

[davey_weir]

i thought the law stated that when a item entered the postal system it became property of the recipent.

 

I will look into this, if the law states this then there is no matter to resolve.

 

As for reporting it as a criminal matter, I am getting everything together before I do this.

[The GodMother]

try searching on here i think this is were i saw it but please dont ask me to name the thread as i cant remember.

[KER]

I will look into this, if the law states this then there is no matter to resolve.

 

As for reporting it as a criminal matter, I am getting everything together before I do this.

 

 

Again (although i will be accused of rose tinting etc etc...) you can't PROVE you put it into the postal system, that's why you are having all this bother in the first place!!

[KER]

I've just had a thought...

 

If you were sending the phone back, it would have been "simless" therefore, if they say the phone has been used, they should track to what sim the phone was used to and pursue via that route!!!

 

(i.e whoever the number is registered with, get in touch with them and see how they got the phone etc etc..)

[davey_weir]

I've just had a thought...

 

If you were sending the phone back, it would have been "simless" therefore, if they say the phone has been used, they should track to what sim the phone was used to and pursue via that route!!!

 

(i.e whoever the number is registered with, get in touch with them and see how they got the phone etc etc..)

 

No I sent the phone back with the sim in it (because I had every intention of leaving o2) and they have told me it was used in my city and also in Turkey - the sim with the phone I mean.