Talk Uk telephone Debt

[IPLWHOLE]

I received a claim today from Talk uk for a mobile telephone debt that is for a limited company, They claim that I am personal responsible for the debt as they moved the contact into my name, All the bills have always come through in the limited company name both from Vodafone and from Talk Uk. they claim that a terms notice they sent me during an upgrade that they demanded form me to pay out an outstanding bill, I asked at the time that the line are put into my name and that all future bill will be paid by me and all bills before this point will be in the company name.

They sent me terms saying that the lines are to be moved into my name, they refused to accept a direct debit until I personal cleared outstanding Balance from My limited company and they have never sent either confirmation of the contract being moved into my name or a contract to sign. they say that the do not need a signature as it was only an upgrade and my use is acceptance enough.

They have been charging me an administration Fee of £30 inc vat for their invoice as they pay Vodafone because they contract is a sub contract of their own account with Vodafone so I cannot contact Vodafone or set up a direct debit although I get a bill from Vodafone in the limited company name, but never my own. they are also charging me the Vodafone bill Plus vat E.g Vodafone bill is £108inc vat they will then charge me £108 + Vat After they claim they have paid the bill.

With a termination fee of 22 Month line rental plus 22 lots of admin fee.

Please help I have submitted a defence that the bills are for the limited company and I have no contract in my name and that the bill is no void as the company has been struck off at companies house,

Can somebody advise me what to do next.

[R0b]

Re: Talk Uk telephone Debt

Hello,

Can you provide us with a copy of your defence that was submitted? Do you have a copy of the terms and conditions of the mobile contract, presumably they are business terms?

It would seem strange that they have moved the lines into your name as i most cases that would in fact be in breach of contract. Have they actually terminated the agreement or just suspended the account pending payment?

Whose name is it on the claim form, is ti yours or the Limited Company's?

For legal purposes, a company is treated as a separate person and the contract is between the Limited Co and Talk Talk, not yourself. Unless of course the terms state that this is possible and/or you have signed or agreed to have the account transferred into your name.

It sounds like a vexatious claim to me but further information is necessary to determine what your chances of successfully defending the claim. As you have already submitted your defence any amendments (if necessary) to it will require an application to the court and the relevant fees of £255.

If you can answer the above with further details that would be a start, but on the face of it you seem to be on the right lines.

Edit: Having jsut re-read your post, its a bit unlcear. Is the account in your name or is it in the name of the company, and did you agree to transfer into your name?

[IPLWHOLE]

Re: Talk Uk telephone Debt

Hello Rob

The Defence is in two parts This is the one for the Limited company

on the 4th of June 2016 the Company IPL Wholesale Ltd was dissolved by Companies House this makes any amount outstanding void as all debts dissolved with the company

And this is for me personally
I am a director of IPL Wholesale Ltd the company Talk UK are trying to make me responsible for a ltd company debt, as this is a ltd company debt I am not personally responsible for any outstanding balance
All bills from both Vodafone and talk uk are sent to IPL Wholesale Ltd, Not to Ian Walker I have never signed a contract with Talk Uk for My self only in the Name of IPL Wholesale and as such I dispute any amount they claim against me personaly.

The Terms and condition are standard Vodafone Conditions But Talk Uk Sent Me a Letter Stating their Terms as below

THIS IS THE FULL AND FINAL AGREEMENT BETWEEN YOU, THE CUSTOMER, AND TALKUK.
PLEASE READ THE DETAILS BELOW, AS ONCE YOU ARE CONNECTED, NO CHANGES CAN BE MADE (THESE TERMS SUPERSEDE ANY PREVIOUS EMAILS/PROPOSALS YOU MAY HAVE RECEIVED.


DATE 23rd Feb 16


Agreed Mobile Phone Solution for Ian Walker


Tariff Details:


Existing tariff plan



Handsets to be supplied:


None

Contract Length 24 months

Hardware Fund: n/a


Termination Fee: n/a


Special Requirements: n/a


£400 to be applied to talk uk account in return for these renewals
07508 753376 to terminate please email accountmanagement@talkuktelecom.co.uk and request termination this will terminate once the contract expires in april.
3 x numbers we cannot transfer ownership at this stage as we cannot get you passed on credit so you will continue as now you pay Vodafone each month, if we have to pay the bill due to non payment this is where an admin fee will be charged of £25 plus vat. If you pay the voda bill on time this wont be charged.
We have overcharged the vat £88.31 we have issued a credit note for this already and this should be emailed across to you today.
The balance owed to Talk uk you will pay £100 on 29th feb and the bal on 15th march this will clear your acct with us.


They claim this constitutes a new contract and does not require a signature.

I Asked them to put the contract and bills in my name but this was never confirmed as being carried out and no contract was forthcoming.

The original contact was With the Limited company IPL Wholesale Ltd

The Telephones are just suspended as the main contract with Vodafone is in the Name of Talk Uk meaning that I cannot contact Vodafone in any way about the matter or set up direct debit and all the bills come through in the name of IPl Wholesale Ltd and any communication from talk Uk also comes through in the name of IPl wholesale Ltd.

The Claim forms have come through in both the name of IPL Wholesale Ltd and My name.

I have all emails and invoices from Talk uk, I also forgot to put down on my defence that they are claiming to pay Vodafone and then sending me a bill for the Vodafone bill value and adding vat so overcharging me and then charging an admin fee of £30 they have been doing this for over a year the admin fees alone are in excess of £300 for the old bills and then the have claimed for 22 lots of the admin fee on the final bill for termination. plus 22 lots of Vodafone Bills of 108 + Vat

as for who name the contract is in I have no idea as I do not have a copy of the contract from the upgrade they carried out to pay off the previous bill which it did not clear in full

I have just found the notice before court in the company email account junk folder at no point does it mention my name only the company name