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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In September 2014 we were due to take out a new contact for

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In September 2014 we were due to take out a new contact for our mobile phone contracts through a third party for an O2 contract. The third party provided a purchase order which detailed that contract, there was a box to be ticked on the purchase order which stated that we agreed to the terms and conditions. However the terms were for an EE contract not O2 and the hardware detailed on the purchase order did not exist, it was for an IPhone model that they do not make. I therefore went back to the third party to question this, they did not respond and simply said it would be resolved. Which it never was, no hard wear was delivered to us and by the December I had enough waiting. It turns out the third party had gone ahead and set us up with a contract with O2 regardless, they never actually fulfilled what the had proposed either despite me not ticking the box to say I agreed to their term and conditions (The exact wording was no contact shall arise until you have ticked to agreed to our terms and conditions). I cancelled the agreement based on the fact that we had not provided us with any hard wear or agreed to their terms. We are now being pursued by O2 for the outstanding account for £34,000, I have tried explaining to O2 that we did not agree to the contract being set up but they will not speak to us as they say it was set up by a third party yet the third party have since ignored our correspondence and are having no dealings with it. Where do we stand legally?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to achieve please?
Customer: replied 11 months ago.
Hello, I am finished for the day and not back in until tomorrow. I am trying to find out where we stand as I do not feel we are liable when in fact the contract should not have been set up without our full consent plus feel it was miss sold. I can access my emails from home howeve or could speak to you tomorrow?
Expert:  Ash replied 11 months ago.
Are you a business or individual please?Alex
Customer: replied 11 months ago.
Business
Expert:  Ash replied 11 months ago.
Ok, did you sign anything? I see it says you ticked a box saying you accept t&c's?
Customer: replied 11 months ago.
Basically I signed a purchase order, but when I looked closer I noticed it wasnt right so I didn't tick the box to agree to the terms because it was incorrect, I asked them to send me another correct version which they did not, so although I signed one part I said I did not agree to the terms because it had the incorrect information on it
Expert:  Ash replied 11 months ago.
Did you mark on it you didnt agree to certain terms?
Customer: replied 11 months ago.
I just didn't tick the box, so not agreeing to the terms, I tried over and over to contact them. They did not respond. They then failed to provide us with the hard wear, I.e phones that they had even stated they would. So we got nothing In return for what they said they would provide, after all when you try to take out a mobile contract the handset is important as that's what you are mainly paying for
Expert:  Ash replied 11 months ago.
Have you been to the Ombudsman yet?
Customer: replied 11 months ago.
Yes I have tried everything, they said there is nothing they can do because the company that acted as the 3rd party are not registered with some list, can't remember the name of that list that providers are on. I've tried O2 complaints and escalated that as far as I can but they won't do anything either
Expert:  Ash replied 11 months ago.
Have you got evidence of what you are saying please?
Customer: replied 11 months ago.
Yes at work, I have the print off of the email and the purchase order. I can send these to you first thing tomorrow if that is ok?
Expert:  Ash replied 11 months ago.
No that's ok as I probably dont need to see it.Just to be clear you havent paid and they want the £ from you?
Customer: replied 11 months ago.
No we haven't paid as the contract was cancelled. I explained why, this was in December 2014 then I hear nothing until around June 2015 when Im contacted by a debt collection agency on behalf of o2, I sent them all the correspondence and told them to take it up with the 3rd party as it was there error in taking out and not fulfilling the contract. Then nothing until January 2016 when they have come back again demanding the money around £34,000 for a whole 3 year contract, the debt company then said they would accept a percentage of we settled otherwise I was to seek legal advice
Expert:  Ash replied 11 months ago.
Ok, if you have been to the Ombudsman and escalated it with O2 then you have done all you can there. As such if you have not paid the money and you 'owe' it then all they can do is try and take you to Court.This means if they issue proceedings you can defend the proceedings and counter claim against the company that did the paperwork for you. That way you could explain to a Judge what happened and that they misled you. Its breach of contract by false representation. That is the company made representations which were false that you relied on which turned out to be untrue.This means therefore that you can defend and counter claim on this basis. But sadly this appears to be all you can do if you have been to the Ombudsman.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
Thank you. Does that mean that I just wait for them to issue the paperwork for a CCJ and go to court instead to defend the claim? Will I need a solicitor or can I just take all my paperwork and go myself?
Expert:  Ash replied 11 months ago.
No you need to wait for them. The ball is in their Court, they may never issue.Does that clarify?Alex
Customer: replied 11 months ago.
Ok yes I think so, I have a feeling the next step will be the paperwork from the county court trying to get a CCJ against us as that seems to be the done thing. I will just have to deal with it when it comes I assume?
Expert:  Ash replied 11 months ago.
If you get a CCJ then yes, you could do a deal. But you have exhausted all avenues with Ombudsman and o2 at this point.Does that clarify everything?Alex
Customer: replied 11 months ago.
Yes thank you.
Expert:  Ash replied 11 months ago.
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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