Wescott chasing me for o2 bill

[clarky1983]

Hi everyone,

 

This is my first post so please bear with me if I am not doing this correctly/giving enough information etc.

 

Basically my problem is that I am being chased by Wescott debt collection agency for an outstanding debt to o2 for around £140. I have not been with o2 now for around 18 months.

 

The debt apparently is my 'penalty' payment for cancelling my 18 month contract after only 12 months. At the time, I disputed this with o2 and won- they admitted that I had actually signed up for a 12 month contract and allowed me to cancel the contract from then.

 

I then went travelling for 12 months (June 2007- June 2008) and returned never even considering they would be after me. In September this year, I received a final warning from Wescott asking for immediate payment otherwise they would issue proceedings. Obviously I rang them and the account went into dispute.

 

Today I received a letter from their solicitor 'firm' chasing me for the full and final payment again so I rang to complain. This is when I was informed of the reasons for the £140. I have since looked for evidence that would prove in my favour and, strangely enough, I have every email from o2 EXCEPT the one I need. Bizarre.

 

Anyway, from my investigations, it seems that the outstanding balance could be my last month's bill (which, at the time, o2 agreed would be free). Clearly I cannot prove that they offered me a free month's phone use as it is in the same missing letter that I need!

 

6 months at £25 = £150 NOT £140. My last bill was £139.08- the exact sum they are chasing!!

 

I now think that they are using the 6month penalty excuse, knowing I would not have retained any of this information to hand, to prise £140 out of me.

 

Is there any limitation period on chasing mobile phone bills that I could use to my advantage.

 

Any help would be most appreciated guys! Thanks.

[scotsdamo]

Any details that o2 have sent you will be registered on the account notes so if someone has agreed to wipe out the debt the log will show this so contact them to resolve issue

[buzby]

A SAR to O2 will get your file and you can then check their version of events, including billing and any credits. Your response to the debt collector is that you're disputing O2's assertion and are awaiting for their response. You are not obliged to deal with the DCA, so tell them you'll be only dealing with O2, to whom they should refer the matter.

[BoSBoY]

Hi everyone,

 

 

Is there any limitation period on chasing mobile phone bills that I could use to my advantage.

 

 

nope, i was chased for my orange bill 5 years later..

[buzby]

Yes - the limitation for ANY owed debt is 6 years. This is allowed to permit the person owed effect recovert. There are some minor caveats, but if the debt has been outstandng since November 2002, you can tell them to take a hike.

[clarky1983]

Buzby,

 

Cheers for the information- that is most helpful. Is there any specific information I need to include in my SAR or would a (relatively) standard letter asking for my details do?

 

Sorry it's taken so long to get back to you- I started a new job this week and so it's all been a bit crazy! Perfect timing from DCA as always!!

 

Eveyone's advice is much appreciated.

 

Cheers!

[buzby]

You S.A.R - (Subject Access Request) requires them to supply a copy of all the information they hold about you, which would include everything from contract details, contact log and payment history (but NOT itemised bills). Just keep your request to the point, don;t waffle and explain that the payment enclosed is in respect of your formal request under the Data Protection Act.

 

There is a school of thought which states don;t send them £10 right away, as this is the maximum fee they could charge, some requests are processed free or even for £5 from different firms. It doesn't hurt to ask first!

[clarky1983]

Hey guys,

 

Thanks again for the advice. It's been a long time since I requested my SAR now and the other day they wrote to me asking for some money (I forgot to include a cheque- oops).

 

The other day however, I managed to find the elusive email that shows I do not have to pay for the 'remaining' six months of my contract. I forwarded this to Wescott who have now come back to me and said the information they received before was wrong and that the money is infact from the oustanding bill.

 

Are they allowed to change their reasons for debt-collection, even though they had previously advised me that the money owed was the cancellation charge?