Bryan carter & VOdafone debt

[Amethyst]

Re: Bryan carter & VOdafone debt

Date wise, 5th June is the issue date then you have 33 days from then so a bit longer than you have estimated, but still if you get this in before you go on holiday you can relax and your mum won't have to deal with it.

Now, it sounds to me like not having a CCJ is quite important to you, and if you got one it would have major effects on you for the next six year, getting a mortgage is hard enough, I suspect your credit file may well be quite damaged because of this debt too and will show a default and the late payments. That will probably affect things for the next three years at least depending when it defaulted.

With that in mind you might want to try and negotiate with the claimants for a full settlement out of court or try and sort out a decent installment plan ( it would have to be £100 a month plus though to avoid the CCJ). Lowell will have bought the debt for around 10-15% of the original amount owing so there is a bit of room for manaoevure, if you could make a F&F offer of 600-800 to pay in one go (savings?mum?) it might do it. Any negotiations must be 'without prejudice'. Then get your sister to repay you/mum properly over the next couple years.

Not a lot you can do about the damage already done to your credit file but you should be able to stop it being extended to a registered CCJ until 2020.

[Fred123]

Re: Bryan carter & VOdafone debt

Thank you, I will use the above defence and see what happens. I'm sure if Mr Cater had prove of this debt he would provide copies or maybe not? My mum is not in a position to help. Really wish I wasn't going away now.

Thank you so much for your help and the time you have taken to reply to me. I'll let you know how I get on.

[wales01man]

Re: Bryan carter & VOdafone debt

Amethyst has outlined the options available sad state off affairs brought to you by someone else.

[bigbigproblems]

Re: Bryan carter & VOdafone debt

Sorry I can't agree with Amethyst. I was in a similar situation to the OP and I never got a CCJ, nor did I have any defaults in the end. If the OP did not take out the account then she is not responsible for it.

Neither is she responsible to "report" her sister. Her sister may have done something illegal, but if Vodafone didn't make it so easy they would be able to see who is opening the accounts. It's for them to work out what is going on, not the OP.

I'd defend this forever. The only difference to your account was that I did not know who opened the accounts, but it may have been someone I know.

Don't give in. If you didn't open the account the law is on your side.

[wales01man]

Re: Bryan carter & VOdafone debt

One question for the OP When the payments were made before the account was defaulted whose account was used this could be a defence

[Fred123]

Re: Bryan carter & VOdafone debt

she paid just paid with her debit card if that makes sense, she said she never got statements, she just paid with her card.

[bigbigproblems]

Re: Bryan carter & VOdafone debt

The defence Amethyst has given you is a good one. However I would be also contacting vodafone and asking them some questions. They originally set up the account, so if they have sold your information and you didn't open the account this is unlawful.

I wouldn't be offering to settle. I would be firmly saying that I have never had an account with Vodafone and be putting them to strict proof over it. They are highly unlikely to do this, even if they could. It would cost them a fortune and they are out to make money only. They rarely if ever have all the documents.

You have very little to lose by fighting this. In my experience of Lowells and their "solicitors" they backed out a few days before court. They don't have the nose for a fight. Worst case scenario for you is that you will have to either negotiate at court or pay the balance within 28 days after the claim (then you have no CCJ).

However, please note this. If you are trying to get a mortgage you NEED to fight this. The default will make it nearly impossible. If/when you get them to drop the court claim, you will be able to force them to remove the defaults! I've done this myself so am not speaking as someone with no knowledge on the subject.

[Fred123]

Re: Bryan carter & VOdafone debt

Thank you so much.

[bigbigproblems]

Re: Bryan carter & VOdafone debt

Thank you so much.

The onus is on them to prove you owe the money. If I were to write you a letter and ask for a grand you would either ignore it or call the police! It's no different when a household name company gets their goons to do it.

Ultimately they won't be able to prove it. As I have intimated I've worked in the retail side of this business so know what information is taken.

Thats a business desicion though! They make more money by not being thorough and checking things properly. You couldn't pop into a store and get a passport so eaily... You can't go online and get one either. They chose to make it this easy and not check because it makes them more money.

However when things go wrong they claim ignorance and bully the little people! If I chose to send something by none recorded post and it goes missing thats my fault, not the person I'm sending it to. Consumer credit and mobile phones are NO different. They are immoral and should be stopped.

[wales01man]

Re: Bryan carter & VOdafone debt

Its an even money gamble decide by the Court as we have read many times Carter and Lowllefs get judgements in the most unlikely circumstances.

[MissFM]

Re: Bryan carter & VOdafone debt

Why should it be even money?

It's not the OP's debt and therefore it can't be proved that it is (how can it?)

As a matter of interest, Fred, would your sister have had to supply some proof of identity known only to you or someone very close to you to open the account?

Even then, with so much personal info floating around about everybody, and so many sticky fingers...

I agree absolutely with BBP, FWIW. The more of us that roll over with our paws in the air when bullies threaten the more the bullies will bully.

[bigbigproblems]

Re: Bryan carter & VOdafone debt

Why should it be even money?

It's not the OP's debt and therefore it can't be proved that it is (how can it?)

As a matter of interest, Fred, would your sister have had to supply some proof of identity known only to you or someone very close to you to open the account?

Even then, with so much personal info floating around about everybody, and so many sticky fingers...

I agree absolutely with BBP, FWIW. The more of us that roll over with our paws in the air when bullies threaten the more the bullies will bully.

I can jump in and answer that question. Usually (as in 99% of cases) a credit or debit card is used to "confirm" identity. It's very simple. A pound (usually) is taken out of the account and put straight back in. That's okay in store - as it requires a pin. However online all it needs is the card number and some very basic information.

A family member or friend/partner (hey even someone you work with) can easily get this information. Indeed they will do a credit check but all that requires is a date of birth a name and an address.

It really is that easy to get a mobile phone on contract. Infact... most systems have work arounds that the "identity check" will work with a family member if they have the same initial in their first name, and some with just the same sir name. Even if they are different sexes.

It's still possible on some networks to use other forms of ID (incase people do not have a debit/credit card). However this is becoming more rare.

As I've said - this is all a business decision. Making it easy means more people buy. But they do not accept the blame when things go wrong.

[bigbigproblems]

Re: Bryan carter & VOdafone debt

Its an even money gamble decide by the Court as we have read many times Carter and Lowllefs get judgements in the most unlikely circumstances.

In that case the layperson has done a bad job. Sadly the county court works on the balance of probability. However I could cast enough doubt on my case that they didn't even try me in court.

A crime reference number (which you can get in two minutes online, without incriminating anyone) is great "evidence" that it's not your count.

Sadly DCA's win cases they shouldn't because people do not have the knowledge and/or confidence to stand up to them.

Without being rude or offensive I'd suggest that a great many of the people the "beat", are uneducated and unable to present an argument in a coherent and persuasive manner. Many will also have disabilities both physical and mental that means they will struggle more.

Sites like this and CAG (and to some exent moneysavingexper) are a great resource for the common man/women. However they also have people on them who say things as statements when they don't know what they are talking about. I was told on some of those sites (not this one I don't think), I'd have no chance of winning in county court, and I won. Then they said the defaults would not be removed, and I did it.

The simple simple fact is - they are a company looking at the numbers. Make them think that they might not win, and/or they won't make money out of you and they run away.

I've offered to speak to the OP on the phone or on skype. My story is very very similar to hers. I had to find out everything I know about the system by trial and error. I'm offering to tell her/him what I did that worked. This case is more than winnable, indeed I'd be willing to bet anyone on here that if the OP followed my advice I'd get her not only no ccj but the defaults removed.

[wales01man]

Re: Bryan carter & VOdafone debt

You gambled and won will the OP?

[Fred123]

Re: Bryan carter & VOdafone debt

Thank you. I will be taking your advice and I will keep u posted. The other thing I forgot to mention., when I rang Bryan carters, they kept referring to an 02 debt , plus the fact they was so rude!