Debt collector threatening legal action for a mobile contract debt - NOT MY DEBT

[tpu46]

Hello,

In July 2021 I went into an EE store with the intention of purchasing a rolling SIM only PAYG (non contract). However, the sales representative in the store seemed to have misunderstood what I wanted and signed me up for a SIM only contract. I corrected the sales rep in store and he told me he had cancelled the contract there and then. I left the store believing that I had not taken out a contract.

A short time after this I moved house. Now, more than 2 years later I am receiving letters from a company called BW Legal saying that I owe £360, which is the amount of the full contract. I called them and they told me that unless I can prove the debt is not mine, they will have to proceed with legal action, including making a claim with the County Court. They told me to try to contact EE to see if they can send proof that the number/contract was never used. Having contacted EE customer services, they told me there's no way they can find evidence that the number was never used or that I had cancelled it in store, since the contract was terminated in April 2022.

Any suggestions and help greatly appreciated.

Thanks

[atticus]

Explain your position clearly. Point out that they can have no evidence of your having used any of their services.

The question is not whether the debt is yours, but whether there is a debt at all.

[tpu46]

Explain your position clearly. Point out that they can have no evidence of your having used any of their services.

The question is not whether the debt is yours, but whether there is a debt at all.

Hello,

Thanks for your response.

They do have a contract on record though. And when it was taken out and the mobile number associated with it.

The issue is I can only speak to customer services and I have limited time before the debt collector starts legal proceedings. What can I do if EE customer services simply state there's nothing they can do about it? It seems I will get nowhere arguing with either EE or the debt collector.

[echat11]

a) Don't speak to them or anyone regarding the dispute over the phone.

b) Write to (make sure you get Proof of Postage) / or email BW Legal, explain that the contract was cancelled instore on the same day, within the cancellation period, so no monies is owed, thus no debt. Explain that if they ignore the 'dispute', you will lodge complaints with the FCA and SRA.

c) Send EE a Subject Access Request, make sure you get Proof of Postage - https://legalbeagles.info/library/gu...ccess-request/

[tpu46]

a) Don't speak to them or anyone regarding the dispute over the phone.

b) Write to (make sure you get Proof of Postage) / or email BW Legal, explain that the contract was cancelled instore on the same day, within the cancellation period, so no monies is owed, thus no debt. Explain that if they ignore the 'dispute', you will lodge complaints with the FCA and SRA.

c) Send EE a Subject Access Request, make sure you get Proof of Postage - https://legalbeagles.info/library/gu...ccess-request/

Thanks for your response. That sounds promising. I will do as you have advised.

If BW Legal do make a claim with the County Court what are my options? As I understand it they could register a CCJ against me by default, which I really want to avoid.

[atticus]

Then don't default - defend.

[echat11]

Thanks for your response. That sounds promising. I will do as you have advised.

If BW Legal do make a claim with the County Court what are my options? As I understand it they could register a CCJ against me by default, which I really want to avoid.

a) When you write to BW Legal, you are 'disputing' the debt, they should put a hold on collection activities. Usually 30 days, in your letter ask for 45 days, the SAR request could take 30 days, ask for more time.

b) They will send a Letter Before Action before commencing a Court Claim. The LBA will have options, make an arrangement to pay, seek advice etc.

c) As long as you keep on top of matters, you are a million miles from a CCJ. To get a CCJ, They need to make a claim, they then have to get Judgement, if you ignore the Judgement then the Creditor can seek a CCJ. So as long as you are in control of the matter, you can't get a CCJ.