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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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i have a debt in 2000 pounds.. the debt was from t mobile because

Customer Question

i have a debt in 2000 pounds.. the debt was from t mobile because my wife took my phone to korea and accidentally incurred data raoming charges.. she did not use the handset or download anything..
she just forgot to turn off data roaming.. the debt has been passed to an agency who want to collect 1100 .. i dont want to accept this as i was not informed at anytime by tmobile in 2012 that my handset was incurring these charges.. my usual bill was 70 pounps ..they let the data rise to 9000 pounds without telling me.. they agreed there mistake and reduced it to 2000 which is still unacceptable for me ..
i am prepared to pay 400 pounds which is still 4x my average bill ..what legal advice can you give me
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but I'm afraid that you are liable for the full amount. It is not for your contractual partner to remind you of the terms of the contract unfortunately. They had no duty to tell you anything at all.
They might well have a policy of doing so and they might well have breached that. Many companies do. None of that though will mean that they could not collect if they went to court.
They won't sue though. What they will do is add a default to your credit rating which might be acceptable or might not depending on whether you want to borrow money in the next six years.
You can offer a lesser sum in full and final settlement and they do sometimes accept vast reductions. Might be worth trying that. There is no point in negotiating over the phone. It is something you would need to put in writing.
Also, unless the contract is in your name it should really be your wife who makes this offer since it was her phone and ultimately she did fail to turn off data roaming whilst abroad.
I am very sorry but I have to give you truthful information. It is not your fault. You did not have the phone. It is not theirs though in law even though it would have been better business to tell her that she was incurring these costs.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

ok... straight to the point answer..thank you

Expert:  Jo C. replied 1 year ago.
No problem.
I would try offering a lesser sum though. It may well be fruitful.
All the best.

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