Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How did you close the account down at the time?
Whether you closed the account or not is a factual issue which would depend on what happened at the time. Sadly, without any proof or confirmation that it was closed down it would be your word against the store’s. As this happened a couple of years ago you can imagine that it would be more difficult to prove what happened because people may have moved on, memories fade, etc.
At this stage your options are as follows:
· Resolve this directly with O2 – you need to follow their full complaints procedure to full completion
· Contact the Communications Ombudsman, who are an independent body that can deal with such issues and make a binding decision – you need to have completed the provider’s complaints procedure first though. If you want to start a case with the Ombudsman then you can contact them on 0330(###) ###-####/p>
· Finally you can get this resolved in court – the claim can be initiated by either you or the company – they can start it if they want to pursue you for more money, you can start it if you want to pursue them for the money already paid when you should not have done so. Court is the final step in order to try and resolve this
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wish to initiate the legal procedure, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
If you are trying to avoid a CCJ then you may wish to consider paying it then pursuing them for the amounts they deducted from you in the past.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
just to save the potential issues of getting a CCJ - pay the money but make it clear it is being paid without any admission of liability and that you reserve your right to challenge this later then go through the company's own procedure for complaints, if that does not work contact the Ombudsman and only after they have decided on this would you be considering court
You are welcome, best of luck