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Jenny
Jenny, Solicitor
Category: Law
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My name is***** have been taken to court by a debt collector

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My name is***** have been taken to court by a debt collector company called Lewell, who bought the debt off three mobile.
I have been a customer of 3 since 2004 and still am and pay my bill regularly. In May 2011 they called me and offered me a second phone contract which I took. However, the phone stopped working in September 201, just a few months after, because it was not a durable phone. I sent it off for repairs. They kept the phone for weeks and wanted me to continue paying for the phone while it was being repaired and I was not using the call minutes. They said I was paying for the contract not for the phone. I argued that the contract came with the phone and there is a difference between a sim only contract and a phone contract and this was a phone contract. They said I will have to pay for the whole 2years contract. I told them to return the phone so I can continue with the contract, but they refused to return the phone until I pay for the arrears. I did not hear from them again until late 2014 when I was contacted by Lewell the debt collector company saying that they have bought the debt over. I was too stressed out to deal with this because I felt bullied by these big organisations. They have now taken me to putt yo pay a sum of £492.80. I want to defend my case in court, do I stand a chance? Are you able to please offer me advice on how to proceed? I have called three and made a complaint about the fact that I have been mistreated even though I have been their customer for almost 12years.
Hello my name is ***** ***** I am happy to help you today. How long were you without the handset?
Customer: replied 2 years ago.
Since I sent it off for repairs, they have never returned it to me. I only had the handset from May till September.
Customer: replied 2 years 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.
Customer: replied 2 years ago.
Thanks. I'll keep typing for now
Ok but you said at one point that they wanted to return it to you but refused until you paid arrears. What I am asking is how long after you sent it back was it that you had this conversation?
Customer: replied 2 years ago.
About three weeks.
Were you offered a replacement handset for the period?
Customer: replied 2 years ago.
No. I would have had to pay £30.00 to be given another phone while that one was being repaired.
Then you have a defence under the Sale of Goods and Services Act, you should not have been put out of pocket for the duration of the repair and should have been provided with a replacement handset for the duration of the repair. I would suggest you defend stating the Act mentioned above and say that the handset was not fit for the purpose and they were unreasonable in their suggestion that you pay to put it right and therefore you could not continue the contract. Hopefully the claim will then be dropped by the debt collecting company. Sometimes these are just done as a try on to see if you will be bullied into paying. If there is anything further you would like to know please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer thank you and all the best.
Hello Edna is there anything further you would like to know about this?
Customer: replied 2 years ago.
Thanks Jenny. My concern is that if the judge by any chance refuses my defence does that mean I will have a ccj?What about their argument that I was supposed to be paying for the contract and not for the phone. They asked me to take the sim out before sending the phone, that way they could claim that the sim was in my possession throughout. I however never used the sim on anyother phone and their record of usage can prove it. Can they argue that it was my choice not to use it since they did not collect it from me?My credit rating had also been affected by this whole thing. Is it worth mentioning in my defence?
Customer: replied 2 years ago.
Are you able to please quote for me the relevant section of the sale of goods and services Act that you mentioned?
Yes if you were unsuccessful this will be a CCJ and you will be ordered to pay. Their argument holds no merit. They should under the Sale of Goods Act have provided you with a replacement handset without charge. The relevant section is section 14. Sadly they do try these things on as many people will pay without question. It is obviously up to you if you fight it or not. If you have any further questions please do ask. Otherwise I would be really grateful if you would rate my answer before leaving the website as I am not otherwise paid for the time I have worked on your question. Thank you and all the best and do come back to me in the future if you need to?
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jenny I will.
Thanks Edna, I appreciate you taking the time to rate my question. Really hope it works out for you.
Customer: replied 2 years ago.
How does the tipping work? Is it an additional payment on what I have already paid?
I think so. To be honest we are not told how it works but I do believe it would be in addition to the amount you have already paid.
Customer: replied 2 years ago.
Thanks for your response Jenny.
No problem at all.
Customer: replied 2 years ago.
Hello Jenny, will you be able to please read my defence statement and offer any advice?
I would have to charge an additional fee for doing this under the site rules. I can make an offer to you.
I am sorry I can see an incorrect description of service has been sent in error. This would be to review the proposed defence and offer further advice.