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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In 2008 I was miss sold a phone contract by 3 whom I already

Resolved Question:

In 2008 I was miss sold a phone contract by 3 whom I already had a contract with. Basically I received a phone call stating my contract was due for renewal, but to my astonishment when my phone upgrade arrived I discovered that the tel no had changed. I had told the caller that I wanted to keep the same phone number that I had. I hadn't realized that the contract was different account to the one I already had. I duly never activated the phone and sent it back to 3.
After some weeks I realized that I was being billed by direct debit for the second account and some 200 pounds over several months had been taken from my account. I contacted both 3 and my bank to cancel the payments. I have evidence that the account was never activated and any calls made with the use of the phone but 3 refused to accept that I had been miss sold the phone contract. I asked them where my bank details had been obtained from and received no reply. I still have my original contract and phone that I received from 3 on my original contract but my debt as all edged by 3 re the second phone contract that I was sent is outstanding and Lowell partnership have now sent me a county court notice claiming 400 pounds re arrears for the contract which I cancelled as this had been miss sold to me as the providers were not my original providers. All the agreements re the second phone account were apparently done over the phone although I never passed any bank details to the third party.
I have passed Lowell partnership copies of my bank statements and phone statements showing that the phone was never activated and the phone sent back to the providers. Do I have any legal standing re the all edged debt with regards XXXXX XXXXX court papers they have now sent me. I feel aggrieved as they took 200 ish from my account without there being any paperwork completed re the transaction.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When did you last pay and what date is the county court issue paper please?
Customer:

during 2008 I will find an exact date asap. The court issue date is 30/1/14 received today.

Alex Watts :

Please.

Customer:

first payment was 12/02/2008 to h3g for £26 and the payments for my present phone was going out 7th of month. Last payment was made on 12 aug 2008 again £26 each month i was billed the same amount for this account which i never used i then cancelled with bank

Alex Watts :

I was hoping it would be statute barred but sadly it is not.

Alex Watts :

However you can certainly defend matters because if you sent the phone back then you are not liable.

Alex Watts :

Lowells would have to prove that a contract existed and that you are liable.

Alex Watts :

They would have to show that you are liable for the payments and the contract continued.

Alex Watts :

However I anticipate their evidence is somewhat lacking

Alex Watts :

Remember, they bring the claim, they have to prove it

Alex Watts :

Without evidence they can not prove it and a claim would be dismissed.

Customer:

i never took out a written contract with 3 for this account as it was a phone call, i never found out how they got the direct debit mandate completed

Alex Watts :

I see. In that case I don't think they can prove it at all.

Alex Watts :

And if you go to Court, dont forget to claim £90 witness expenses.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

i had legal cover via the work insurance until i retired in 2010 but unfortunately i retired in 2010 how would i best defend this matter i appreciate its only a default of £270 b ut its the principle and i don't want to incur large legal fees. i had sent all the relevant paperwork to low ells but they just went quiet for a while but have now come back with the court papers. i haven't replied as yet what should i do

Alex Watts :

I see.

Alex Watts :

How much is the claim for?

Customer:

its now £414 with all the solicitors fee etc incurred. i haven't contacted them recently

Alex Watts :

Ok - its a small claim.

Alex Watts :

So you don't need a Solicitor or anything, you can do this yourself.

Alex Watts :

You should file a defence but you only have 14 days to do this unless you have filed the acknowledgement of service which extends it to 28 days

Customer:

amount claimed 334.00 court fee 30 solicitor 50 total 414

Alex Watts :

Yes.

Customer:

yep understand should i just fill the defence form or ask for 28 days to prepare. the court is in northampton and I'm in north wales could i get it moved to mold

Alex Watts :

Once you file a defence it will be allocated as a small claim and transferred to your local Court.

Alex Watts :

Northampton just deal with issuing the claims

Alex Watts :

Can I clarify anything for you?

Customer:

so i can file a defence and it will automatically be transferred or do i ask it to be transferred

Alex Watts :

Automatic

Customer:

do i ask low ells to supply all the relevant information for disclosure or isn't this required

Alex Watts :

Disclosure is not required.

Alex Watts :

Lowells will be required to file all the evidence they want to rely on 14 days before the trial

Alex Watts :

You will need to do the same

Alex Watts :

So you will see the case against you then

Alex Watts :

But I doubt they have any real evidence

Alex Watts :

Can I clarify anything for you?

Customer:

but i can put in a counter claim for the 7 months i was billed for by 3 or not

Alex Watts :

Yes you can - but you will have to pay a fee for a counter claim

Alex Watts :

You should only use this if you are seeking money back

Customer:

i have been to county court before with legal rep and we were successful can i do my own defence as it was just two persons with solicitors present and a chat with the judge. i haven't got any paperwork to show i returned the phone as royal mail don't keep records that far back and 3 didn't have the records either there was no contract in writing only for my original contract which i still have and use. my bank statements show no fluctuation from the £26 contract and on my other account the costs vary each month.

Alex Watts :

Yes indeed.

Alex Watts :

I am sure you will be successful.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

i don't know if i still have my 3 statements they may be in the attic i don't know if 3 could send me copies each time i ring i just get a call center in india but if i can't find them should i write and ask for the copies to show the phone was never used.

Alex Watts :

Yes you should write and ask for the details under the Data Protection Act

Customer:

thanks very much feel much better now

Alex Watts :

No problem. Please do remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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