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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice.
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I'm being chased by a debt collector phone I never received

Customer Question

hi I'm being chased by a debt collector for a phone I never received who as passed it off to four other debt companys now it back with them and now they have sent me a letter of claim what should I do now
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Are you asking if you are liable?

Customer: replied 1 year ago.
I want to know if I can win in court
Expert:  Jo C. replied 1 year ago.

Were you due to be sent the phone?

Customer: replied 1 year ago.
I ordered a phone from and internet company the phone never came they said I should phone the police as the vodel driver must have stole it I reported the crime but o2 have got debt collector on to me to recover £613 for the 2 year comtact
Customer: replied 1 year ago.
contract
Customer: replied 1 year ago.
I told 02 and the mobile company that the contract was void as I never received the phone under the distance selling act
Customer: replied 1 year ago.
for 3 years they have passed this debt on from 1 company to another
Expert:  Jo C. replied 1 year ago.

Did you call the police?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I have a crime letter from them
Expert:  Jo C. replied 1 year ago.

Did you report this to the company immediately?

Customer: replied 1 year ago.
I did that the phone never arrived and that yodel had signed to say they had delivered it but they signed to say they had
Customer: replied 1 year ago.
I phoned the mobile company and 02
Expert:  Jo C. replied 1 year ago.

How did the mobile company conclude?

Customer: replied 1 year ago.
that I should call the police, 02 said I still owed them the money I disagreed with them so they passed it on to the debt collector
Expert:  Jo C. replied 1 year ago.

The debt collector is a non issue. They have power only to write and call and not really do much else.

The question here is what would happen if this went to court. There is clearly dispute over whether this phone was delivered. If they sued then that would be a live issue as everything turns upon it.

Chances are they would not but they could and you do need to understand that.

Whether you can win depends on their evidence. I would be concerned that they will have something probative given the circumstances.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
this letter I have from them - letter of claim- to commence legal action and issue a claim against you in the county court bulk centre means what?
Customer: replied 1 year ago.
what I mean what do I do about this letter they have sent
Customer: replied 1 year ago.
but this letter is from there solicitor lowell
Expert:  Jo C. replied 1 year ago.

That is from a solicitor so they are at least considering suing.

It doesn't mean they will do it but it is more likely than if this were from debt collectors.

Customer: replied 1 year ago.
what should I do now?
Expert:  Jo C. replied 1 year ago.

It depends whether you are prepared to risk going to court or not.

If you are then invite them to sue.

If not then make arrangements to pay.

Customer: replied 1 year ago.
well guess I will go to court as I will not pay for something I never recived
Expert:  Jo C. replied 1 year ago.

Then just invite them to sue.

Chances are they won't anyway.

Customer: replied 1 year ago.
ok thanks for your help
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

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