How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I opened up a 02 mobile contract 2 and a half years ago and

Customer Question

Hey guys,
I opened up a 02 mobile contract 2 and a half years ago and then closed it in teh same day. I didn't know but O2 didn't close down the contract and charged me for 2 years and then when I switched my card I started to get bills from then saying I still owe them 300pounds. I left the phone there in the same day and literraly didn't use their services. I'm now being followed up bi a debt company.
I don't have proof that the contract was closed down. O2 basically stole more than 1000pounds from me over these years and now their after soem more.
Please help,
Marius
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 8 months ago.

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?

Customer: replied 8 months ago.
I went back to the O2 store in Festival Place - Basingstoke ...where I opened it.
Customer: replied 8 months ago.
I don't remember him giving me any proof the contract was closed down however...
Expert:  Ben Jones replied 8 months ago.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Ben...so would you advise me to pay the amount and ten follow up ? ...here's what my accountant is saying:Hi MariusAnother Debt collector letter attached re your mobile.
You will get a county court judgement against the company soon if you don’t pay off this debt.
It is difficult to get it taken of the record once it is on the company record.
Kind regards....it was a business contract ...I forgot to mention...not sure if this changes things
Customer: replied 8 months ago.
I rated you 5stars
Expert:  Ben Jones replied 8 months ago.

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.

Customer: replied 8 months ago.
ok Ben...so if you were in my shoes now...what would be the exact steps you would take?
Expert:  Ben Jones replied 8 months ago.

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

Customer: replied 8 months ago.
Ok, awesome Ben. Thanks a lot!
Expert:  Ben Jones replied 8 months ago.

You are welcome, best of luck

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice