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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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Apparently I have a dept with Carphone Warehouse but I've

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Hi. Apparently I have a dept with Carphone Warehouse but I've never had a contract with them and it's affecting my credit score.
JA: Where is this? And when did the issue begin?
Customer: I've seen the report on my Equifax account and apparently it's already 2 months that I haven't paid.
JA: What steps have you taken so far?
Customer: I've tried to speak with an advisor from Carphone warehouse and they haven't found any active contract on my name but still I owe them £18 which means 2 months of insurance contract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I had in the past another problem with Carphone Warehouse when they've made a mistake and stole my identity and made a contract on my name without me even being present in that store at that time. An investigation was raised at the time and that was all. The contract was cancelled as it was an identity theft.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What do you want to know about this today please?

Customer: replied 7 days ago.
What do I need to do to cancel that fake contract. I have checked the Equifax and it's all about that contract from 3 years ago. They are trying to take the money from my account. Can I legally sue them for doing this to me again?

Just to be clear, you never had any contract with them?

Customer: replied 7 days ago.
Never. I've tried to make a contract 4 years ago but I wasn't eligible to get that phone so I didn't do any contract with them.
Customer: replied 7 days ago.
I think they had all my details from that time when I've applied to get a mobile device.

Yes, you can sue them, but I dont think you would get more than £20,000 or so in damages.

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 7 days ago.
Thank very much for all your help. It's not about the money I can get from sueing them but the fact that they are using my details to make fake contracts and it's affecting my credit score really bad.

Yes, you can sue and ask the Court to make them stop

Does that clarify?

Customer: replied 7 days ago.
thank you very much. I will make the letter for them first even though I don't think they will reply as far as I've seen they are not a serious company and they don't know how to deal with complaints.

Sure. Can I assist with anything else?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 days ago.
That will be all for today. Thank you