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Bryan Carter have sent me a threatening issue court proceedings letter

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  • Bryan Carter have sent me a threatening issue court proceedings letter

    Hi There,

    I am new on here but I have been reading all about this lot and hoping that you may be able to help me.

    I have recieved a letter from them stating that they will issue court proceedings if they dont hear from me by the 28th April, they have been instructed by Lowell Financial Ltd.

    This debt is from a Vodafone Bill and its £820.03. I left a company in 2006 and joined an USA company but working in Europe and the UK for them. I took the phone out in my name and sent the bill to my company who would then pay it into my account and I would then pay it off. This worked fine up until the start of 2009, however before the end of 2008 my company asked me to fill in a Vodafone transfer request so they would then own the phone and obviously pay the bill, they said that this was in case I won the lottery they would be able to function on if I left. So I contacted Vodafone and got this form filled it in and sent it off to my company and never heard anything back. I am afraid to say it that I never kept a copy of it, (but this is not the case these days always keeping copies of stuff, drives my wife nuts).
    Anyway, on New Years Day of 2009 I got a phone call from my company boss who said that the company was going into liquidation and was going to be put up for sale. However, we still had to function, so this debt was a result of the first two/three months of this year. I assumed that they would be paying the bill as I never received any payment from them and the bill was sent off to them.
    To cut this story short I was worrying for the first six months of this year whether I would be getting money to pay my bills and be able to keep my house etc. until the company was actually purchased by another company and this new company finally took them over around the beginning of June 2009. I stayed on with this company but didnt like and then moved on to another company in March 2010 where I have been very happy for the last 4 and abit years.

    I am going to write to them requesting a CCA but would like to know is there anything else that I can do or you guys can help me with. I have written to Vodafone and Lowell in the past stating that this is debt isn't mine.
    Is it also true that if the debt gets to six years they cannot pursue it?

    I look forward to hearing from you all and Happy Easter.

    Many Thanks
    Best Regards
    Nige
    Tags: None

  • #2
    Re: Bryan Carter have sent me a threatening issue court proceedings letter

    http://www.legalbeagles.info/forums/...075#post391075

    If i were you i'd tackle this before a claim is issued. I believe the thread i linked to still has not seen a claim form yet many many other people have had claim forms from Carter.

    M1

    Comment


    • #3
      Re: Bryan Carter have sent me a threatening issue court proceedings letter

      Thanks M1, that was a big help.
      So from reading between lines is to send the CCA Request to Bryan Carter first, then if and when they write back is to send this off to Lowell or should I send it to Lowell at the same time please?:tinysmile_hmm_t2:

      Comment


      • #4
        Re: Bryan Carter have sent me a threatening issue court proceedings letter

        Both need done now. The response will delay things for ages and the CCA request might yield a flawed copy

        M1

        Comment


        • #5
          Re: Bryan Carter have sent me a threatening issue court proceedings letter

          Thanks M1, I will post them both off this week as I have another week before they start proceedings as stated in their letter. With regards to the £1.00 fee does this just go to Lowell or Bryan Carter as well.

          Comment


          • #6
            Re: Bryan Carter have sent me a threatening issue court proceedings letter

            Hi Nige,

            Thanks for making me aware of this.

            As mobile phone agreements as classed as service agreements as opposed to credit agreements, a CCA request wouldn't be appropriate.

            However, if you'd like me to take a closer look at things, could you email me with the relevant details via the Contact us form here and quote the code WRT135 - FAO Lee in the subject line?

            Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

            Kind regards,

            Lee

            Social Media Comms

            Vodafone UK
            I am an official company representative of Vodafone UK.

            LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

            This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

            Comment


            • #7
              Re: Bryan Carter have sent me a threatening issue court proceedings letter

              Originally posted by Lee Vodafone Company Rep View Post
              Hi Nige,

              Thanks for making me aware of this.

              As mobile phone agreements as classed as service agreements as opposed to credit agreements, a CCA request wouldn't be appropriate.

              However, if you'd like me to take a closer look at things, could you email me with the relevant details via the Contact us form here and quote the code WRT135 - FAO Lee in the subject line?

              Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

              Kind regards,

              Lee

              Social Media Comms

              Vodafone UK

              Is it not standard to include the cost of the handset within the package and if you wish to leave have to pay the unpaid portion of it in the guise of a termination fee ?

              M1

              Comment


              • #8
                Re: Bryan Carter have sent me a threatening issue court proceedings letter

                Hi mystery1,

                The early cancellation fee is calculated as follows:

                Monthly line rental (excluding VAT) x number of months left on the contract – 2%.

                Thanks,

                Jenny
                Social Media Comms
                Vodafone UK
                I am an official company representative of Vodafone UK. LegalBEAGLES has given permission for me to post in response to queries about the company, so that I can help resolve issues.

                This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

                Comment


                • #9
                  Re: Bryan Carter have sent me a threatening issue court proceedings letter

                  Why -2% ?

                  M1

                  Comment


                  • #10
                    Re: Bryan Carter have sent me a threatening issue court proceedings letter

                    Hi All,

                    Sent the CCA request to Lowell and Bryan Carter on Thursday and got a reply back from Bryan Carter this morning, WOW that was very quick for a solicitors I have to say!!!! Must be in the same office complex as Frederickson lot!!!!!!!
                    They have put my account on hold while they revert it back to Lowell.

                    Lee, I will do what you ask over the weekend and hopefully you will be able to do something for us as I certainly dont have the money to pay for it thats for sure!!!! Thank you for your assistance in helping with this.

                    A big thank you for you all helping me out on this, I am not sure what I could of done without the advice.

                    Many Thanks
                    Best Regards
                    Nigel

                    Comment


                    • #11
                      Re: Bryan Carter have sent me a threatening issue court proceedings letter

                      Hi Lee,

                      I have sent you the information but this is what i get back from your organisation;


                      We don’t use this email address anymore, so our advisers won’t get your message. Don’t worry, you can chat to an adviser online instead – they’re available 24 hours a day, 7 days a week.

                      Any ideas Please?

                      Thanks
                      Nigel

                      Comment


                      • #12
                        Re: Bryan Carter have sent me a threatening issue court proceedings letter

                        Hi Lee,

                        Sorry the unigue reference code is #6758800.

                        Best Regards
                        Nigel

                        Comment


                        • #13
                          Re: Bryan Carter have sent me a threatening issue court proceedings letter

                          Hi Nigel,

                          I'm afraid your email hasn't reached me.

                          Could you complete the Contact us form again and make sure the code WRT135 - FAO Lee is quoted in the subject line?

                          Originally posted by mystery1 View Post
                          Why -2% ?

                          M1
                          Hi M1,

                          This is something we're required to apply.

                          Kind regards,

                          Lee

                          Social Media Comms

                          Vodafone UK
                          I am an official company representative of Vodafone UK.

                          LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

                          This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

                          Comment


                          • #14
                            Re: Bryan Carter have sent me a threatening issue court proceedings letter

                            So your termination fee includes losses which you wouldn't incur and is thus an unenforceable penalty. You are making extra profit on a termination as the costs you'd have based on a continuing contract will no longer be bourne and the customer still has to pay.

                            http://13oldsquare.com/files/documen...proved_jdg.pdf explains the law regarding penalties rather well.

                            M1

                            Comment


                            • #15
                              Re: Bryan Carter have sent me a threatening issue court proceedings letter

                              Hi M1,

                              For clarification, no additional charge is incurred for cancelling early.

                              As stated by Jenny on 23 April, any cancellation fee would only equate to the customer's line rental charges covering their remaining minimum commitment with us minus 22% (VAT and the 2% discount we're required to apply).

                              Thanks,

                              Lee

                              Social Media Comms

                              Vodafone UK
                              I am an official company representative of Vodafone UK.

                              LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

                              This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

                              Comment

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