BCW: Paid in full, now £65 still owed??

[JackCynder]

Hey, i had outstanding debt to BCW and o2 that of 198.33 and i used there online payment system to pay it in full. Then on the 12 of july they apparently got told by o2 that there was an error between BCW and O2 and that the balance was £65 short. Now they are demanding it in full and threatening bailiffs and court action to reclaim it.


my question is, that since we had paid it in full, and we were told the account was closed, AND that the error was between them two, how accountable are we for this. They have told me 2 different stories over the phone regarding the origins of this mysterious 65 pound debt (one about my payment bouncing and the other about it being between them two)


thanks

[bluebottle]

Re: BCW: Paid in full, now £65 still owed??

Hi and welcome to Legal Beagles.

Do you have proof that the payment went through without any problem, e.g. bank statement? If you have, put both BCW and O2 on strict proof and let the idiots hang themselves. It sounds to me neither of them can get their story straight. As regards their threats, those may come back to haunt them.tortghost

[teaboy2]

Re: BCW: Paid in full, now £65 still owed??

OK they demanded £198.33 and you paid it in full in good faith, they then realised they had made an error and got the amount wrong. Well hard luck for them, because if you purchased something from a shop and the price was £198.33 on the shelf, but the price was £65 more at the till - Then the shopkeeper would either have to refuse to accept payment or charge you the price shown on the shelf.

In other words, as you made payment in full in good faith under the understanding that it was the full amount owed, then you are not liable for the rest nor can they charge you the rest just because they made a mistake.

The fact they have told you too different stories, neither of which sound plausible to me, suggest that they are lying and therefore had been demanding money under false representation which would be a breach of the fraud act 2006, when it comes to this extra £65 - If they continue to pursue you for this after you have asked them to strict proof (legally certified copies of documents proving this extra £65 pounds is owed) and they fail produce said proof, then you can sue them for harassment under the protection from harassment act 1997 as well.

[bluebottle]

Re: BCW: Paid in full, now £65 still owed??

OK they demanded £198.33 and you paid it in full in good faith, they then realised they had made an error and got the amount wrong. Well hard luck for them, because if you purchased something from a shop and the price was £198.33 on the shelf, but the price was £65 more at the till - Then the shopkeeper would either have to refuse to accept payment or charge you the price shown on the shelf.

In other words, as you made payment in full in good faith under the understanding that it was the full amount owed, then you are not liable for the rest nor can they charge you the rest just because they made a mistake.

The fact they have told you too different stories, neither of which sound plausible to me, suggest that they are lying and therefore had been demanding money under false representation which would be a breach of the fraud act 2006, when it comes to this extra £65 - If they continue to pursue you for this after you have asked them to strict proof (legally certified copies of documents proving this extra £65 pounds is owed) and they fail produce said proof, then you can sue them for harassment under the protection from harassment act 1997 as well.

Totally agree, TB. I'm sure I could find a few more legal provisions to give them something to think about.

[teaboy2]

Re: BCW: Paid in full, now £65 still owed??

Totally agree, TB. I'm sure I could find a few more legal provisions to give them something to think about.

Lol am sure you could mate

[JackCynder]

Re: BCW: Paid in full, now £65 still owed??

Okay, now that ive phoned O2 again, they are telling me that no payments have been bounced, but the BCW person i phoned not 5 minutes ago there told me that i had two payments bounce, a £20 and a £60 payment to o2, and that the account was closed with £15 credit, leading to owing £65, ive requested all concerning legal documents as advised. I didnt make any agreements with O2 as i know once the debt was sold off they dont deal with it, so any payments bouncing to o2 would be BCW's payments right?


Thanks for all the help and replies

[bluebottle]

Re: BCW: Paid in full, now £65 still owed??

Okay, now that ive phoned O2 again, they are telling me that no payments have been bounced, but the BCW person i phoned not 5 minutes ago there told me that i had two payments bounce, a £20 and a £60 payment to o2, and that the account was closed with £15 credit, leading to owing £65, ive requested all concerning legal documents as advised. I didnt make any agreements with O2 as i know once the debt was sold off they dont deal with it, so any payments bouncing to o2 would be BCW's payments right?

Thanks for all the help and replies

Right. Get O2 to confirm everything in writing. Were the allegedly-bounced payments, now proven not to have bounced, made directly to O2 or BCW?

[JackCynder]

Re: BCW: Paid in full, now £65 still owed??

Both O2 and BCW have said and agreed that we cant make payments to o2 as after the debt was sold it isnt our place to pay O2 as the debt doesnt belong to them anymore. The BCW manager i just spoke to has told me that he is checking into why these 2 alleged payments that have bounced were even made, as apparently they shouldn't have been. This is still an error on there behalf and i feel i shouldnt be held accountable for it, am i legally obliged now to make this £65 payment even though they made the error( i could have paid the extra £65 if it was on the balance when i cleared the debt off )

O2 have been nothing but courteous and helpful in this whole matter, and actually helped me with regards to some laws with BCW overstepping there boundaries as apparently they are well known bullies. They are sending me all relevant information through the mail ;D

[teaboy2]

Re: BCW: Paid in full, now £65 still owed??

If you made the first payment of £198 under the understanding it was the full balance and all they were asking for, then NO you are not liable to pay the rest. In fact, O2 have stated their was no bounced payments and BCW can not legally charge you £32.50 for bounced payments as you are not under contract with them, and such charge would likely be deemed a penalty charges in law so would not stand in court, even if 2 payments to O2 had bounced.

I think BCW are chancing their arm in the flawed belief that they can extract more money then what is actually owed by you by making things up! You should question BCW how they can justify a charge of £32.50 per bounced payment, if said bounced payments had happened - Which they had not off course.

[bluebottle]

Re: BCW: Paid in full, now £65 still owed??

Both O2 and BCW have said and agreed that we cant make payments to o2 as after the debt was sold it isnt our place to pay O2 as the debt doesnt belong to them anymore. The BCW manager i just spoke to has told me that he is checking into why these 2 alleged payments that have bounced were even made, as apparently they shouldn't have been. This is still an error on there behalf and i feel i shouldnt be held accountable for it, am i legally obliged now to make this £65 payment even though they made the error( i could have paid the extra £65 if it was on the balance when i cleared the debt off )

O2 have been nothing but courteous and helpful in this whole matter, and actually helped me with regards to some laws with BCW overstepping there boundaries as apparently they are well known bullies. They are sending me all relevant information through the mail ;D

At least O2 are behaving in a sensible manner and being as helpful as they can. Perhaps they will see the light and have nothing more to do with this odious lot called BCW.

[bluebottle]

Re: BCW: Paid in full, now £65 still owed??

If you made the first payment of £198 under the understanding it was the full balance and all they were asking for, then NO you are not liable to pay the rest. In fact, O2 have stated their was no bounced payments and BCW can not legally charge you £32.50 for bounced payments as you are not under contract with them, and such charge would likely be deemed a penalty charges in law so would not stand in court, even if 2 payments to O2 had bounced.

I think BCW are chancing their arm in the flawed belief that they can extract more money then what is actually owed by you by making things up! You should question BCW how they can justify a charge of £32.50 per bounced payment, if said bounced payments had happened - Which they had not off course.

From the sound of things, it appears BCW may be committing or have committed an offence of Attempted Fraud by False Misrepresentation. Regardless of the amount involved, not only can the company be prosecuted, but so can the directors, officers, managers, company secretary and any employee who has falsely misrepresented matters as to fact or as to law. Be in no doubt, this offence carries serious penalties. BCW are being very foolish if they think they can pull off their attempt to extort another £65 from the OP. It does make me wonder whether the OFT should get their backsides into gear and revoke BCW's Category F Licence.