buchanan clark and wells

[iloveit]

i had a contract with o2 carphone warehouse which i lost my job and couldnt pay i offered to set up payment plan with them however they never noted this on there comps and everytime i made a payment they always said they would note the payment plan and it would be ok but everytime no payment plan was noted they have since passed this to bcw who seem to be complete and utter monkeys i owe £454 they contacted me and asked me to pay in full i told em i ahs loast my job and was on benfits and could not find this money and offered to pay £40 a month they refused this after 3-4 phonecalls over the course of a few days i said i would pay this at end of month just to shut them up today at 10am i received a fone call asking my details to proceed with the call once confirming everything he said i am a manager at bcw and we spoke a few weeks ago when u offered to pay balance in full by end of month i then told him that i was not able to pay it as still out of work and on benefits and that i could still pay £40 a month he said if payment was not received by 8pm in full he was gonna get paperwork for court so i then replied ok then do that as i will offer the courts a lower payment and they would accept as im on benefits he then said that he would make the court freeze my benefits to pay the debt i then commented you cant do that as im already having deductions out of my benefits from loans a while bk when i was on the doll and that the amount i receive is the minimum amout by law to live on and that he would not be able to do this and to stop threatening me he said watch and you will see i said i look forward to it i then asked him if he had a cca for the debt he said no we havent and we dont need one i then told him id been reading quite alot on it and they have to have it to contact me he said you dont know nothing i do this job everyday and know more than you and quoted the internet is full of lies i then told him that any further fone calls or letters will be noted and classed as harrasment he said it is not harrasment i then told him to take me to court and any communication i want by a solicitor i have today writen a letter requesting a cca with a pound coin in and going to send tommorow i have also enformed the financial onbudman and they are going to write to them aswell is there anything i have missed here and anything else i can do to cancel this debt as they are surely breaking the law your advice would be apprieiated and would be very helpful many thanks

[dx100uk]

nicely handled

shame you did it by phone, but never mind.

just dont ever talk to them on the phone again

 

sit back now

wait the 12 [+2] working days

if they have not by then run away

time to stop payments

then write them saying you will not be making any further payments until they provide the required paperwork to your legal satisfaction.

you might also like to pointout that if that they continue to harrass you over this [now] unenforceable debt after 1 month from the date of this letter, they will have committed a summary criminal offence.

 

any how

good luck

and keep us informed

 

dx100uk

 

[the more you read the easier it becomes]

[gizmo111]

Sorry mobile phone contracts are not covered by the CCA

[iloveit]

are you sure about this and if so why at the end of the day there is a credit agreement and also they must have to have paperwork regarding this debt which they say they have nothing also its not right they can threaten you and this is also a criminal offence he also said at the begining of the call these calls are recorded and could also be monitored

[gizmo111]

Yes I am absolutely sure http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/70464-mobile-phone-companies-consumer.html

[rory32]

This was originally posted by tomterm8 which I think is useful:

 

Some mobile phone agreements would be regulated by CCA, although most are not. If they include the cost of the phone and make you pay that over a course of payments greater than 4, then effectively it is a hire purchase agreement. if mobile phone is free, then it would normally be a service contract. A few mobile phone agreements are done through a finance plan; these would also be credit agreement.

 

generally, the most useful thing to look out for is unfair terms and conditions (i.e. they can cancel without giving you the same right, they can vary the price for the same level of service without your permission), payment plan insurance, termination and penalty charges.

[iloveit]

my fone was free and i was on a 25quid tariff i then upgraded to 75 a month and have never signed anypaperwork since upgradeing also only ever signed one sheet of paper so where do i stand and what can i do

[rhsymonds]

Good luck with this ili, and congratulations on the 414 words without any punctuation. Really easy to read.............not.

 

lol

[iloveit]

even tho people say there is no cca for mobile phones this must be wrong. i sent them a request for this and they replied that they did not hold it and was trying to get it and also added that all action will be ceased till they have it. i also informed them that as they had broken the law and was looking at gettin a nice fine would they perfer to pay my debt on behalf to avoid me taking action to them.so lets see how they respond to this one hopefully they will say yes but i doubt it very much. lol

[rory32]

even tho people say there is no cca for mobile phones this must be wrong.

I can assure you it is not wrong. However, the DCA would not appear to have read The Consumer Credit Act either so best of luck.