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    • do it yourself its easy and free and might even get some wiped out!   who says the debts are even enforceable?? have you checked? - stepchange nor any DMP provider  don't  either bother to check they are even legally enforceable, they just blindly recommend you paying their mates at the banks and the debt collection agencies. as they get back handers from them.   could you poss list her debts please and we'll help you do it yourself.
    • I have found the original judgement. Claiment was HFC and payments were to Weightmans. I did think of making a manual payment to weightmans to see if that got returned too, after all the judgement does state to pay them.  If it did go back to court, do you think I would have a chance of having the judgement cancelled and wipe the debt after such a long time? After all, I do believe that a lot of trickerey has gone on with this case. Yes, I am sure that I was scammed but at that time I had no knowledge as I do now. I should have defended it not admitted it. A year later, after getting educated on the situation, I had a similar case with Barclaycard which was total fiction other than around £1000. I did fight that and had the whole debt written off including the amount I did owe. Hindsight is fantastic but expensive thing.  Getting back to Weightmans, they did at one time write stating that there was a charge on my property and that they would enforce it if I didnt contact them to arrange a new payment scedule. The charge did not exist and still does not (I checked) because the court refused it. Pure trickery. I simply ignored their letter and continued paying £10 a month as instructed by the judgement and nothing happened. But it would be nice if I could have the judgement cancelled after all their trickery and the stress they have caused me over the past 14/15 years. They have had a real lot of money out of me especially with the huge interest and charges they added that I should never have been liable for. Otherwise, I am happy to just pay them £10 a month until I die so long as I dont get forced back into court to pay a higher, not affordable amount.  Thanks to all of you giving me advice.
    • Really sorry to hear about you suffering from COVID.   Don't worry, there is time before 4pm Monday.   The reason we recommend a short defence is so as to not play all your cards too early.  Later on down the line the defence can be fleshed out with the Witness Statement.  For example, "no contract was formed" in the defence can then in the WS become why a contract wasn't formed - rubbish signage, the keeper wasn't the driver, no locus standi, the fleecers had no Planning Permission, bye-laws, etc.  Less is more.   Simple Simon (the owner of VCS) has an appalling record of losing airport bye-law cases, even when the driver didn't break down - let alone in your case!   If you feel up to it, look up VCS or Excel airport cases in our PPC Successes thread (start from the last page and move back) for a suitable defence.  If you don't feel up to it, I'm sure one of us will find time before 4pm on Monday.    Just one thing - have you got proof of the breakdown, such as evidence of payment that you got the alternator replaced?
    • My partner recently joined Step Change and is in the process of setting up a debt management plan. She is concerned about one of the questions she answered though i.e. Have you been on debt management plan previously?   She did 'no' but in fact was on one with CCCS about 20 years ago. She told me that at that time she was told by CCCS that they couldn't help her if she had been on one previously. She settled all the debts with the creditors back then.   Why do StepChange ask that question and would it prevent someone getting on a DMP today?   Surely if the debts were that old i.e. more than 6 years old, and she paid them off under the DMP, there would be no record of the DMP in any case?
    • did you ever goto the ICO PW?   you say you have evidence of termination in B/W then with the rules of that time the A/C should have been defaulted within 3-6mts.   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

O2 Refresh Default Question


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Hi All,

 

Noob here with what may be the first of many questions.

Apologies if it's been asked already but I can't find anything on this.

 

I've just recently separated from my wife and I'm struggling to make all my contractual payments on all my debts.

 

I have a few O2 refresh contracts, phone, tablet and my daughters phone. These are billed, as I'm sure you will all know, as a separate airtime and device plan.

 

As I can't afford to pay them in full.

Does anyone know what will happen if I default on the device plans but maintain the airtime plan on full payment?

 

I'd really like to keep my daughters line active, but can't afford to pay the whole amount each month.

 

 

Will they stop the service or continue the service and take recovery action for the device plan?

 

Any help, greatly appreciated.

 

Thanks in advance!

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Hello and Welcome thisisme,

 

Sorry I don't know what they would do, I was going to suggest asking on their chat site but not sure if they have one.

Hopefully someone will give you some advice shortly though the site can be quite at the weekends.

 

Regards,

 

Scott.

 

Edit:

 

Noticed they do have a Forum, not sure if it's something you could ask there or not, maybe worth having a look...

 

https://community.o2.co.uk/t5/Discussions-Feedback/bd-p/4

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Thisisme and Welcome to CAG.

The issue here is that O2 run 2 contracts, one for Airtime which is a rolling 30 day deal and the 2 year contract under a CCA Agreement for the handset.

 

These will show up as 2 different entries on the CRA. Whats worse is if you have 2 or 3 lines, that means 4 or 6 entries if under O2 refresh.

My understanding is that if you miss a payment on the Phone but keep the Airtime payments up then you can keep the line active. O2 will not blacklist the phone. However we dont condone not paying for debts that are legally owed, so you'd need to work out an appropriate I+E to get yourself back on track.

 

Also i believe if both are defaulted, they potentially get lumbered together and sold onto Lowell who will fight tooth and nail to get money out of you. If you want to look at something like this think about how long is left, is a SIM only deal the right option? Maybe another network supplier too? Also, if you pay off the phone in full, they will terminate the airtime as part of the agreement.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks both for the warm welcome

 

And thanks very much fkofilee :-) thats kind of what I thought, and hoped would happen.

 

I understand you can't condone such action, and in all honesty, I don't really fancy the idea myself, but I can't think what else to do in the circumstances.

 

But, I guess its something I can live with, for now, theres not that much owing, and I could conceivably catch up. if I can reach an agreement.

 

Cheers

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I hope you get that sorted thisisme, come back and let us know how things pan out.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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