Debt and Revenue Services Liverpool vodaphone 'debt'

[barnsleygit]

Trying to help my Step daughter with this

 

A few years ago when she was 15 her real father got my step D a contract phone in HIS name and registered at HIS address, anyway to cut a long story short he was not able to afford the bills and asked that she return the phone to him "so he could send it back" which she did,

 

Now it turns out he never sent the phone back and had ran up an even bigger bill!

the other week he contacted her (she is now 19) and said Vodafone were chasing him for the bill and SHE needed to pay it, he gave her the number for what turned out to be the above DCA and without telling me first she contacted them,

 

at first they had NO record of her either by name or address, however when she mentioned her fathers name they then pounced, she told them the bill was not hers and had been run up by her father but they were having none of it and basically told her if she didn't give them her card details they were sending the police round to arrest her, like a silly girl she handed over the card details,

 

After she told me all this I straight away got her to cancel her card and inform the bank that she had been made to hand over her card details under duress for a debit that was not hers, she has had a letter today from the back confirming the DCA ARE trying to take funds from her account and so far they have blocked them,

 

Now my worry here is this DCA may try and chase her up at home/work etc and even send a bailiff for a debit that is not hers, she still lives at home with me and her mum and I don't fancy the idea of them chasing us either, the father is refusing to pay the debit even though she was 15 at the time and was advised NOT to get the phone for her, we even told him that if she ran up a huge bill NOT to chase us for it as we were quite happy with her being on PAYG.

 

My daughter is worried as she is now in a good job and is in the process of trying to get credit herself for a car and this may go against her.

 

Whats the best way to stop them?

[renegadeimp]

Legally? The debt is in his name so he has to pay it. If she wants to pay for what she used, then she xan tell him to bugger off until he provides a fully official itemised statement addressed to her.

[renegadeimp]

Also, ignore the dca. They have no legal rights at all.

[Bazooka Boo]

Who is the contract with? Voda O2 3??

 

"Send the police round" ha ha ha ha what a complete clown!

And as for Bailiffs, never ever ever going to happen.

 

Debt collectors may, but even then it is only their puerile missives designed to intimidate.

 

Well done on cancelling the card, if they took any money using the card then get it refunded.

 

Stay OFF the phone, any future lies and deceit can be committed in writing, which they never do.

 

In a nutshell, the debt is not hers, it was never her contract in the first place, she is not liable.

[dx100uk]

shame that phonecall was not recorded?

 

dx

[BRIGADIER2JCS]

The DCA has no legitimate cause to contact her and she has no obligation to respond to them.

A County Court Claim and judgment is needed before any 'bailiff' action can possibly take place.

[renegadeimp]

And they would NEVER get a court claim on her though the courts, as it isnt her debt.

[fkofilee]

Trying to help my Step daughter with this

 

A few years ago when she was 15 her real father got my step D a contract phone in HIS name and registered at HIS address, anyway to cut a long story short he was not able to afford the bills and asked that she return the phone to him "so he could send it back" which she did,

 

Now it turns out he never sent the phone back and had ran up an even bigger bill!

the other week he contacted her (she is now 19) and said Vodafone were chasing him for the bill and SHE needed to pay it, he gave her the number for what turned out to be the above DCA and without telling me first she contacted them,

 

at first they had NO record of her either by name or address, however when she mentioned her fathers name they then pounced, she told them the bill was not hers and had been run up by her father but they were having none of it and basically told her if she didn't give them her card details they were sending the police round to arrest her, like a silly girl she handed over the card details,

 

After she told me all this I straight away got her to cancel her card and inform the bank that she had been made to hand over her card details under duress for a debit that was not hers, she has had a letter today from the back confirming the DCA ARE trying to take funds from her account and so far they have blocked them,

 

Now my worry here is this DCA may try and chase her up at home/work etc and even send a bailiff for a debit that is not hers, she still lives at home with me and her mum and I don't fancy the idea of them chasing us either, the father is refusing to pay the debit even though she was 15 at the time and was advised NOT to get the phone for her, we even told him that if she ran up a huge bill NOT to chase us for it as we were quite happy with her being on PAYG.

 

My daughter is worried as she is now in a good job and is in the process of trying to get credit herself for a car and this may go against her.

 

Whats the best way to stop them?

 

 

This is disgusting... Complain all the way... OFT & ICO (ICO I think ^__^ but definitely to the OFT....)

They cant do nothing of the such to her... but ill ask you this... Why did they let her into the account if its not hers?

[renegadeimp]

Could complain, but theres one problem. No proof. That is why we say over and over and over, that you must NEVER talk to a DCA on the phone unless you can record the call in full..

[barnsleygit]

Thanks for the quick response guys, I have showed her your reply's and it has for now set her mind at ease, she has been into the bank and explained the situation and they have assured her they wont allow any money to come from her account nor will they give out any details of her account address etc, her boyfriend has had a couple off calls from them as she contacted them on his phone but he has since blocked the number so they cant call him again,

[renegadeimp]

Just to summarise, . Since she was 15 when she made the calls, even if her name was on the contract, she would be underage and the contract would be void. Since it is in the other persons name, the debt solely rests on their shoulders.

 

Your daughter can offer to pay her share of the bill, PROVIDED that the telephone company sends her a fully itemised log of calls, so she can check which she actually made. Even if the other party was stupid enough to try and go to court, the court would demand this statement and then go through it call by call to see which she was liable for. However, again, since she was underage at the time, the court would 99% find in favour of her. Not the other person

[sequenci]

Since she was 15 when she made the calls, even if her name was on the contract, she would be underage and the contract would be void.

 

Generally you're absolutely right - however in the world of contract law, a minor CAN be made liable for a contract if it is for 'necessaries'. That said I don't think that she can be held liable as the contract formed was clearly between Vodafone and the Father.

 

As far as complaints are concerned it's the Communications Ombudsman that you'll need to go to:

 

http://www.ombudsman-services.org/communications.html

[BRIGADIER2JCS]

The girl has never had the contract in her name always in the fathers it seems, so she CANNOT be held liable by the DCA.

[Lee Vodafone Company Rep]

Hi barnsleygit,

 

Thanks for making me aware of this.

 

As has been advised already, only the registered account holder would be liable to pay the outstanding balance.

 

In regard to the concerns raised over the contact made by the DCA I'd be happy to get these looked into further.

 

As such, could either you or your step-daughter email me with the relevant account details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[sequenci]

Thanks, Lee

[Lee Vodafone Company Rep]

No worries sequenci.

 

Hopefully the OP will return to the thread soon.

 

Lee

 

Web Relations

 

Vodafone UK