Default - cheque back delayed payment and forged signature

[Amy_Belle]

Hi there,

I've found reading these forums very very useful, but was wondering if anyone could offer me a little bespoke advise please...

Jag Communications arranged to buy me out of the contract I had in place with Vodafone to set me up on a new contract through them on Orange. I was concerned about running two contracts at once because I had a very low income at the time but they instructed me to contact Vodafone to gain a settlement figure (£140) which I arranged to pay within 30 days, as I was informed I would receive the cheque for said amount by then.

30 days passed and no cheque arrived, I persistantly chased this with Jag. Vodafone instructed a debt collection agency to collect the outstanding monies, which I was eventually able to pay 8 weeks after I ended my contract.

I now know that this has resulted in a (settled) Default being placed on my Credit record for six years which I am not at all happy about. I've contacted Vodafone and they have told me provided I can get Jag to admit liability I should be able to get the Default removed (I find it particularly interesting reading that they are not supposed to share information about you to third parties after cessation of a contract)

I contacted a very helpful young man at Jag who politely sent me a copy of their Terms & Conditions/Cheque back Certificate, stating that they would issue the cheque 30 days after receiving a copy of this signed document, and because of the late date they eventually received this the cheque was not issued to me until 30 days after. Now, I was never presented with this Terms & Conditions/Cheque back Cerificate document and my signature has been forged!

What (clearly) happened was that their representative failed to give me all the facts or present me with the correct forms to sign, and not only did he forge my signature on this document but he sent it off late, resulting in late payment to Vodafone resulting ultimately in a Credit Default.

Jag are very reluctant to admit any liability, they keep refering to the fact that the company that issued the cheque has gone into administration, which is irrelevant really as I'm not disputing the fact that they did not adhear to their terms and conditions, just that I was not presented witht hat facts and that was due to the fault of a sloppy representative.

 

What I'd like to know please:

 

1. Does this constitute forgery? And does this hold any legal implications toward Jag Communications?

2. How should I approach this legally?

3. What are the possibilities of getting this resolved?

4. do I have many choices?

 

Many thanks in advance for reading and responding. I am so angry about this, why should I be punished for six years because of their mistake?!

 

Amy

[hungrybear]

I would write to the ceo/md of jag. Tell them what happened and threaten posting on ever forum you can find, writing to any and all aspects of the media etc.

 

I have used this approach to good effect with three and moneysupermarket.

[Amy_Belle]

I would write to the ceo/md of jag. Tell them what happened and threaten posting on ever forum you can find, writing to any and all aspects of the media etc.

 

I have used this approach to good effect with three and moneysupermarket.

 

That's a very good idea, are they obliged to give me that information over the phone or is there a reliable source elsewhere?

[hungrybear]

use the companies house web check services

 

WebCHeck - Select and Access Company Information

 

If you have problems nailing down who then ring up and ask for their company number, registered office and the name of their company secretary. The companies act states that they have to give this.

 

You can get all the directors names and contact addresses from the web check service for a quid if necessary

[Bazooka Boo]

Jag Communications arranged to buy me out of the contract I had in place with Vodafone to set me up on a new contract through them on Orange.

 

First question is How did they know you you had a contract with Vodafone, and where did they get your details from? Did they cold call you? Or did you approach them?

 

Having had a look on their website re: Complaints;

JAG Communications

Not only does it appear that there are a lot of unhappy customers, but they (jag) also claim to look into your complaint speedily, fairly and effectively. So that said, have they done so?

 

IMO I would write back to their head office Contacting JAG Communications, provider of Mobile Phones on 3 O2 Orange T-Mobile Virgin & Vodafone

And tell them that you are lodging a formal complaint with them aswell as Mobile Phones | Ofcom , Consumer Direct who in turn pass your complaint directly over to Trading Standards.

 

If your signature has been forged, then that is a matter you need to raise with the Police as it sounds like they would fall foul of the Fraud Act 2006 under s2, fraud by false representation.

 

You may wish to let Jag's head office know of this, and that they should expect a call or visit from the Police.

 

Keep everything in writing, DO NOT ring them unless you can record your phone calls.

[Bazooka Boo]

use the companies house web check services

WebCHeck - Select and Access Company Information

If you have problems nailing down who then ring up and ask for their company number, registered office and the name of their company secretary. The companies act states that they have to give this.

You can get all the directors names and contact addresses from the web check service for a quid if necessary

 

No need, it's all on their web site anyway;)

JAG Communications (South West) Limited

JAG House

Cligga Head Industrial Estate

St. Georges Hill

Perranporth

Cornwall

TR6 0EB

 

Telephone: 0845 388 5195

Fax: 0845 388 6415

e-mail: [email protected]

 

Company Registration Number: 04469332

VAT No: 944 3246 23

 

Opening Hours: Mon – Fri: 9am – 5.30pm Sat – Sun: Closed

[Amy_Belle]

288a 25/03/2009 SECRETARY APPOINTED MRS SUSAN CHRISTINE GEORGE

288a 25/03/2009 DIRECTOR APPOINTED MRS SUSAN CHRISTINE GEORGE

 

 

Taken from Companies House...presumabley Susan George is the lady to contact? I'm putting a letter together but I'm worried I'm going to get fobbed off as I'm trying to get them to admit liability, in which admitting a mistake...best to me than public though, thank you for your point of those to mention when threatening this.

Oh, and I contacted them, strolled into their shop actually as I wasn't happy with the cheque back system on my Vodafone contract, ironic really.

Many thanks

[Lee Vodafone Company Rep]

Hi again Amy,

 

As the Vodafone related aspects of your concerns have developed in this thread I've replied to you there letting you know how you can get in touch with the Web Relations Team.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK