ill health and in debt

[ladybird17]

Dear Mr. Westcott/T Mobile

Re. Acount Number xxxxxx

I am in receipt of your letter of xxxx.

Following your letter of 24 January, I provided you with a breakdown of my income & expenditure, and we agreed that I would commence paying you £10 per month in order to clear the balance of £512.24

Today I have received a further bill from T Mobile, which shows an outsanding balance of £1388.96 and demanding full payment.

• You are fully aware that I am currently only receiving state sickness benefit in the way of income. I thus find your demands impossible to carry to undertake, unrealistic, and to be quite frank, bullying.
  
• Please supply me with a full breakdown if these exta costs totalling £876.72. I am at a loss to understand how these charges have suddenly appeared on my account, given that the phone is now disconnected.
  
• If you say these charges are penalty charges, please provide a breakdown of each charge separately, together with evidence of any manual intervention
  
• Please take note that in no way do I accept these new charges, and as of the date of this letter, this account is in dispute.
  
• Further, please supply me a copy of the originally executed agreement. I enclose a cheque.PO in the amount of £1 which is to be used for this purpose only.

Yours......

You may have to adapt this as I'm not sure of the specifics. Get your son to sign it & send it recorded delivery.

 

Then have a look at the mobile phone/internet forum -as I haven't had any dealing with phone companies, but there are loads of people who have.

 

Hope this helps as a"time buying" exercise.

[wannagethelp]

Good morning ladybird and thank you so much for your reply,

 

I have been looking on the internet/mobile forums but I'm panicking and cant seem to take anything in:(

 

I (my son) is , supposed to pay Westcott the first £10 by todays date but feel confused as to whom I should be paying, I would rather deal with T Mobile as it seems they are chasing the complete account still, including the payment supposedly to be made to Westcott by today, I will call Westcott this morning and advise them I am now 'in dispute' over the bill and will fax them a letter I am sending to T mobile with a cc on the bottom for them which will include the paragraph from your letter stating that they know my son in only recieving state benefits ......its so confusing and stress doesn't help much.

 

Your letter was great and I will type that up this morning and address it to T Mobile and send recorded delivery this morning, with a copy and relevant paragraph to Westcott by fax by lunchtime today.

 

I am very grateful for your help nd hope the letter will give me some time to get in a good frame of mind to deal with them.

 

Can I ask, do you know if Westcott can send the baliffs if we don't pay the £10 today or will the letter stop the constant 'chasing and bullying' of my son.

 

Kind regards

[ladybird17]

Hmm.. can't guarantee they will stop chasing and harrassing - even though they shouldn't be doing so, it doesn't seem to stop them. Is there any way you can pay the £10 today? Then at least you can been seen as attempting to adhere to the agreement right up to the date you put it in dispute.

 

If you give details of how they are harrassing your son, we may find we can send them the harrassment letter which should put a stop to it.

[wannagethelp]

Hi, Yes I can pay the £10 today on my debit card, but I'm scared to,,,,would that then mean I've entered into an agreement with them and not T Mobile? Oh my, and somebody told me if I pay on my debit card they (Westcott), can then just take what they agreed with my son out of my account (and wages), on the payment dates using my debit card details, is that right? Apologies if I'm rambling but I'm so anxious and worried.

 

Thank you.

[Guest peed orf]

Can I ask, do you know if Westcott can send the baliffs if we don't pay the £10 today or will the letter stop the constant 'chasing and bullying' of my son.

 

It might be worth having a look in the Baliffs section, there is advise on how to deal with baliffs if they do come round. well worth a read just in case, also it might remind you, you have power and you do not have to sit back and take this s**t.

[ladybird17]

I thought that your son had already entered into an agreement with Westcott to pay £10 per month?

I'm not sure about the information about them using the details of your debit card every month without your authorisation?? That would be fraudulent. Couldn't you call them and clarify just WHO it you should be making the payment to and then as soon as you know for sure, tell them you are putting a cheque in the post 1st class today, & get the name of the person you speak to. I would try not to enter into a conversation about putting the account into dispute. Send the £10 - send the letter - and with fingers crossed, that should give you some breathing space to clear your head a bit & wait for a reply.

[wannagethelp]

Hi,

 

I have just called Westcott and they assured me they can only take this payment today of £10, no other unauthorised payments to be taken from my debit card details, took the girls name, that done, took me ages to get myself together and calm, have to rush off to work now.....will sit tomorrow when I get home from work and do the letters to t mobile/westcott,.....thanks again, I feel so much better now I've done something to help him.

 

regards

[gizmo111]

 

• Further, please supply me a copy of the originally executed agreement. I enclose a cheque.PO in the amount of £1 which is to be used for this purpose only.

.

 

Mobile phones are not covered by the CCA.

 

 

 

 

Can I ask, do you know if Westcott can send the baliffs if we don't pay the £10 today or will the letter stop the constant 'chasing and bullying' of my son.

 

Kind regards

 

Baliffs can only be sent in if there is a CCJ on your son and he has defaulted on it.

 

Hi, Yes I can pay the £10 today on my debit card, but I'm scared to,,,,would that then mean I've entered into an agreement with them and not T Mobile? Oh my, and somebody told me if I pay on my debit card they (Westcott), can then just take what they agreed with my son out of my account (and wages), on the payment dates using my debit card details, is that right? Apologies if I'm rambling but I'm so anxious and worried.

 

Thank you.

 

Can your son actually afford £10 per month on benefits to these people - I would suggest that £1 per month would be appropriate.

Regards your card it has been known for details to be used more than once but is not the norm. However I would send a cheque for this payment, just to be sure.

[Pondfish]

Hi wannagethelp,

 

Sorry to hear the latest bad news, do you think there are any other debts lurking?

 

If you need any advice on the best way to deal with debts and creditors, i would recommend talking to the CCCS. The Consumer Credit Counsilling Service is a goverment backed charity, and offer free advice on the best way to go about repaying any debts.

They can help take the pressure off from creditors hassling you, and can sometimes get any interest being charged stopped.

Maybe worth a call? the website has more info if you are interested:-

CCCS -

 

Pondy

[ladybird17]

Thanks Gizmo - had a feeling they weren't covered by CCA - but must be covered via the Contracts Act if not a Pay as you Go?

[gizmo111]

Thanks Gizmo - had a feeling they weren't covered by CCA - but must be covered via the Contracts Act if not a Pay as you Go?

 

It is an airtime agreement - which contracts act do you mean?

[ladybird17]

sorry, sorry, been on here too long today! I meant contract law - if there was a contract signed at the onset.

[wannagethelp]

Hi,

 

I've just got some great news this morning, my son's PPI has paid out for his bank loan,,,,,oh my, what a enormous relief:-) I'm so pleased something good has happened. I must admit I'd gone under a bit over the last few days, my head felt like cotton wool and was not able to cope with it all lately, but now I feel so much better because of this small but for us a great triumph.

 

I feel I have the energy now to push on with the T Mobile/Westcott matter and I have tried to adapt the letter ladybird very kindly drafted for me and will post to both T Mobile and cc to Westcott by registered post first thing monday morning.

 

I've been trying to get dates from my son when he signed for the new contract, it was before he lost his job and got ill but its all a bit vague and confusing but I do know he was shocked at the first bill he got, £5xx.xx and he called them to query it and was told that it was so high because even though he had a signed for a new tariff it didn't start straight away and so his calls were charged at a high rate????? He accepted this at the time but told them he couldn't pay all the bill at once and asked could he pay his new tariff by direct debit as usual and pay £100 a month off of the excess, they said "no way, pay it all or we cut you off", and he tried this more than once, called them and tried to plead with them to accept his offer so he could keep his phone and not get in any bad credit, he had always paid his bills,,,,,but they would not agree this at all and disconnected his phone. Then, he got ill,,,,,T Mobile sent bill after bill and I believe they have defaulted him to give him bad credit just to add insult to injury:mad: Westocott sent letters and so this is the situation up till today.

 

I'm sorry to ramble on but it feels better to be able to express how frustrating and disappointing it all is no matter how hard he has tried to cope these rotton T Mobile are trying to blacken his name....I know that sounds daft but I really feel he doesn't deserve this.

 

A big thank you to Ladybird, Pondfish, Gizmo, Peed'orf and everyone who has took the time to read my thread. x

[ladybird17]

well that is certainly one bit of very good news! Please keep posting here and let us know how it's going, we are all here to help. :-)And if you want to put the letter here before you send it, just to re-assure yourself, then we can take a glance at it.

[wannagethelp]

Hi, Can anyone tell me how to copy and past onto here from word?

 

thank you

[ladybird17]

have your word document on screen, highlight what you want to paste,go up to "edit" then "copy" - come back to here, go into "reply" go to "edit" and "paste".

If that makes sense!

[wannagethelp]

Hi ladybird......have copied my word document but having problems finding the edit in this window,,,,,,,,,can you tell me exactly where it is?

 

March 2007

 

 

 

 

 

 

Dear T Mobile

Re: Account No: xxxxxxxx Invoice: xxxxxxxxx

I am in receipt of your final bill dated March 2007 for the sum of £1388.96.

Following a letter from your debt collecting agents, Westcott, some weeks ago, I provided them with a breakdown of my income and expenditure, and it was agreed the I could commence paying Westcott £10 per month in order to clear the then balance of £512.24.

I have just received a further bill from yourselves, T Mobile, which shows an outstanding balance of £1388.96 and demanding full payment, so I now consider that I am dealing with yourselves, and not Westcott, for the full amount.

I had spoke to yourselves, more than once, months before the final bill stage, in an effort to continue as a lengthy reliable customer and continue my contract and pay my direct debit as usual to yourselves for my phones with a additional payment over 3 months to clear the excess monies incurred unwittingly, as I was not advised about the high call charges that would be incurred on my account in the interim before the new tariff had started, but you refused and I believe this to be unreasonable.

I am currently only receiving state sickness benefit in the way of income. I thus find your demands impossible to undertake, unrealistic, and to be quite frank, bullying.

My GP has advised that I have been suffering with my illness since October, so my ability to communicate and make a sound and clear decision at the stage I made the agreement for the new tariff is questionable.

Please supply me with a full breakdown of these costs. I am at a loss to understand how these charges have suddenly appeared on my account, given that the phone is disconnected.

If you say these charges are penalty charges, please provide a breakdown of each charge separately, together with evidence of any manual intervention.

Please take note that in no way do I accept these charges, and as of the date of this letter, this account is in dispute.

Further, please supply me with a copy of the originally executed agreement. I enclose a cheque in the amount of £1 which is to be used for this purpose only.

I would also ask that you remove, to amend would not be acceptable, any default intended or put on due to this account.

Yours faithfully,

 

 

 

 

 

Mr………………..

 

 

found it!!! had to try and remember the key commands from the old days, ha

[ladybird17]

Dear Mr. T. Mobile,

 

I am in receipt of your invoice of xxth March 2007, showing an outstanding balance of £1388.96

 

This has baffled me somewhat and I would therefore insist that the following points be addressed:

 

• All communications regarding this account have been with Westcott, to whom I assumed you had either sold, or assigned the debt. An agreement was reached with Westcott in XXX2007 for me to pay £10 per month to clear the outstanding blance of my account which £512.24 Could you please clarify who is dealing with this account - Westcott or TMobile?
  
• I have sent an breakdown of income & expenditure to Westcott, in XXX 2007, which clearly states I am receiving only sickness benefit in the way of income. This formed the basis of my agreement with them. Why then are you expecting to me pay the whole of the outstanding bill when not only is an agreement already in place, but also knowing that this is not a realistic undertaking given my current situation?
  
• My phone is disconnected. Could you please therefore clarify why the amount outstanding has risen to nearly £1400 when there has been no usage of the equipment?
  
• If you say you have added penalty charges to my account, please send me full details of these, together with a breakdown of how each and every charge has been calculated.
  
• Please take note that until these issues are addressed, the account is formally "in dispute" as of the date of this letter.

Under these circumstances, I do not expect any default to be served upon me. I shall expect you to respond to me addressing all these issues within the next 14 days. If you do not respond, or do not respond positively, I shall then consider what further action to take.

 

Yours faithfully,,,

 

wannagethelp....this is what I would write - each point bulletted for ease of reference. I would not mention anything about GP's opinions at this stage - it's not really relevant. Mobile phone companies are not covered by the CCA -so you can't ask for a copy of the credit agreement.(My mistake - rectified by Gizmo)

[Pondfish]

hi wannagethelp,

 

Great news on the first victory!

 

Hope this spurs you on to get the rest! Good for your son to see things are getting better, he's lucky to have someone who cares so much.

 

Great help from Ladybird too!

 

Thanks for the click! your always welcome.

 

 

 

Pondy

[wannagethelp]

Hello again,

 

I have typed up the latest letter, should I include the bit about 'I enclose a cheque for £1' and should I cc a copy to Westcott......? Apart from that its all set to go, feel so much better about this:) ,,,,,,cant tell you how the support of this site has helped me, what on earth would I have done????

[ladybird17]

No, disregard the £1 for the CCA bit as they are not regulated by it. GO GO GO!!

[wannagethelp]

Right,,,,,,just gotta get the T Mobile address to send the letter to,,,only got the po box one and want to send registered post, I'll see if its on the forum for phones/broadband.....I'll be back:D

[wannagethelp]

All done,,,,,will get myself off to the post office first thing tomorrow.... I feel like I've had a very productive day today x

[ladybird17]

Good! something is better than doing nothing! Keep posting here so we know what's happening - thinking of you & your son and fingers crossed;)

[kfdh1962]

Hi WGH,

great news about the PPI payout..im sure thats a relief for you and your son.now for t mobile !!