Mobile Phone Bill... please help

[dlb2007]

My friend had a pay monthly contract phone with vodafone uk

He ran up a bill of £583 he is struggling to keep a roof over his head look after his girlfriend and the baby and never paid it. vodafone are now going to get a court order and send the baliffs any advice will be very much appreciated.

Here is the letter

we note with regret that youve chosen not to deal with this matter despite our previous communication
endeavouring to assist you in coming to a satisfactory arrangement to settle this account without the need for legal action
it is therefore our intention to progress your account to our pre-litigation system where the relevant validations and checks will
be completed your account may then be passed to our solicitors who may comence legal action on or around 20 jan 11

through the litigation process we will seek an order of the court directing you to pay moneys outstanding if we are successful and it is neccesary to
do so we will seek to enforce such an order with a warrant of execution in the event that we do obtain a warrant of execution a court enforcement officer (baliff) will be assigned to attend your address and carry out the warrant

the baliff will take an inventory and levy goods you will be informed that the baliff has impounded the goods and you will be asked
to sign a walking possession aggreement acknoledging that the impounded goods are in the possession of the baliff

if full payment or a satisfactory offer of a payment plan is not made the baliff is authorised to remove the goods to pay the debt and costs a walking possession agreement means that the goods that have been seized now legally belong to the baliff and can be removed at any time however she/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement
e.g you make agreed payments the fees charged by the baliff will be added to the amount owed any additional costs for removing and selling goods will also be added to the amount you owe

you should also remember that any goods you own
may loose value over time this may mean that if the baliff seizes goods to discharge the sum you owe although the value of those goods
will not exceed the amount you owe it may cost you more to replace them allof this action is avoidable it is therefore in your intrest
to prevent this course of action by contacting this office immediately to discuss settlement or your proposed agreement to settle this debt
our experienced pre-litigation team are on hand to assist you but this can only happen if you make contact before 20 jan 11
and failure to respond to the date outlined will result in legal action being instigated

[madmax]

Sadly this is BS however your friend entered a contract and failed to keep his side of it. Rather than hiding and hoping that Vodaphone will forgive and forget he needs to.
1. Display evidence that Vodaphone tricked, lied, enticed or otherwise coerced him into a contract for which he was clearly financially or mentally incapable of fulfilling. Or
2. Make urgent contact with Vodaphone and try to workout a repayment plan.
Once he has settled his debt then look at what led to his current situation and avoid doing it again.
This is my opinion of what a Freeman is about.

[leathal]

My friend had a pay monthly contract phone with vodafone uk

He ran up a bill of £583 he is struggling to keep a roof over his head look after his girlfriend and the baby and never paid it. vodafone are now going to get a court order and send the baliffs any advice will be very much appreciated.

Here is the letter

we note with regret that youve chosen not to deal with this matter despite our previous communication
endeavouring to assist you in coming to a satisfactory arrangement to settle this account without the need for legal action
it is therefore our intention to progress your account to our pre-litigation system where the relevant validations and checks will
be completed your account may then be passed to our solicitors who may comence legal action on or around 20 jan 11

through the litigation process we will seek an order of the court directing you to pay moneys outstanding if we are successful and it is neccesary to
do so we will seek to enforce such an order with a warrant of execution in the event that we do obtain a warrant of execution a court enforcement officer (baliff) will be assigned to attend your address and carry out the warrant

the baliff will take an inventory and levy goods you will be informed that the baliff has impounded the goods and you will be asked
to sign a walking possession aggreement acknoledging that the impounded goods are in the possession of the baliff

if full payment or a satisfactory offer of a payment plan is not made the baliff is authorised to remove the goods to pay the debt and costs a walking possession agreement means that the goods that have been seized now legally belong to the baliff and can be removed at any time however she/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement
e.g you make agreed payments the fees charged by the baliff will be added to the amount owed any additional costs for removing and selling goods will also be added to the amount you owe

you should also remember that any goods you own
may loose value over time this may mean that if the baliff seizes goods to discharge the sum you owe although the value of those goods
will not exceed the amount you owe it may cost you more to replace them allof this action is avoidable it is therefore in your intrest
to prevent this course of action by contacting this office immediately to discuss settlement or your proposed agreement to settle this debt
our experienced pre-litigation team are on hand to assist you but this can only happen if you make contact before 20 jan 11
and failure to respond to the date outlined will result in legal action being instigated

Tell him to pay his bill, he must have used the phone!
Just for your information Vodafone here in Australia is under investigation by our authorities for breeching privacy of customers and also for supplying a piss poor performance to it's customers.
Maybe you can find some fault in their services that could count as non performance with regards to their side of the contract, or maybe you can find some undisclosed terms and conditions etc to void the contract.
Otherwise, at least try contacting them and sorting something out.
The threats to sue and list on credit reporting agencies is probably unlawful, here in Oz, under the Trade Practices Act sec 60: it is unlawful for a corporation to use threats, intimidation, force or coercion to provide a service or to obtain payment for services already provided... maybe you should look into that angle, even if nothing else it will buy time while he gets his money together for the bill.
Good luck

[he said it was brasso]

NOT ADVICE but if it were me I would certainly be asking lots of questions in relation to the alleged contract and debt.

To start with I would conditionally accept their offer (they made in a recent letter with reference to it) in a letter titled "Offer of Conditional Acceptance" and then make a number of valid conditions I feel I'm entitled to ask about seeing the contract, proof that they have carried out ALL of their obligations, proof that the contract met all requirements to make it lawful and legally binding and enforceable upon me, etc.

All of this is perfectly acceptable and fair and would allow me to determine the validity of any alleged debt and contract. It would also buy me a bit of time to understand more about the process involved in taking ownership of myself and the consequences of my actions, present and future.

I certainly wouldn't admit the debt and contract as it stands by attempting to set up a payment plan BUT that is just me :)

[ozpixie]

I have done this kind of thing for a living.

If your mate has not done so he needs an itemised account so he can verify if any of the calls are not his. Once that is done he does have to pay for the calls he made. Leaving it will only make it worse.

Try to find a public consumer advocate/financial advisor who will negotiate on his behalf. In Australia connected to the big church charities so thats a place to start looking for professional and free help. These people can also hook your mate up with other practical help to get them thru the worst of it. These advocates have quite a lot of influence and persuasive power so if you can access one, go for it.

Be aware that if your mate agrees to any repayment plan and then fails to follow through, it could become very bad for him.

There is no easy way to say these things. A service provided must be paid for, and poverty is not seen as any kind of excuse for non payment. Going bankrupt over a phone account by itself wouldn't be considered and in any event that avenue should be used only as a last resort.

[he said it was brasso]

[...]

There is no easy way to say these things. A service provided must be paid for, and poverty is not seen as any kind of excuse for non payment. Going bankrupt over a phone account by itself wouldn't be considered and in any event that avenue should be used only as a last resort.

With all due respect that is not true. If I were to turn up at your house and clean your windows, mow your lawn and prune your rose bushes and then present you with a bill for £800 you probably would tell me to go jump right?

So what I am saying is that if it were me I would want to see the contract and make sure they have done everything we have agreed upon (if indeed we did agree).

Peace

[bones]

tell them youll pay if they paid this.

http://www.gopetition.com/petition/40035.html

fucking scum bags.

[ben10]

tell them youll pay if they paid this.

http://www.gopetition.com/petition/40035.html

fucking scum bags.

surely you don't think this company should pay tax? I would have thought that as a freeman you'd respect those who don't pay tax.
Why would you have a mobile phone anyway? Who in there right mind puts a microwave generator right next to their ear? not me anyway. Not to mention the fact that when carrying one around you leave a trail like a snail so the tptb can look at if they want to investigate your activities, same with folk with sat nav

[rumpelstilzchen]

With all due respect that is not true. If I were to turn up at your house and clean your windows, mow your lawn and prune your rose bushes and then present you with a bill for £800 you probably would tell me to go jump right?
Not necessarily.
It would all depend on how many windows there are, the size of the lawn and how many rose bushes there are. £800 might be a cheap deal.
So I would say it would boil down to what price is agreed by both parties before the work is carried out.

So what I am saying is that if it were me I would want to see the contract and make sure they have done everything we have agreed upon (if indeed we did agree).
Well, the customer would have been given a copy of the contract at the outset. If the customer believes the provider has not fulfilled their obligations they could I suppose bring that up at any subsequent court action the provider chooses to persue. I think though the fact that the customer has used the 'phone to the tune of £583 may persuade the court somewhat.

[ozpixie]

With all due respect that is not true. If I were to turn up at your house and clean your windows, mow your lawn and prune your rose bushes and then present you with a bill for £800 you probably would tell me to go jump right?

So what I am saying is that if it were me I would want to see the contract and make sure they have done everything we have agreed upon (if indeed we did agree).

Peace

Firstly I dont agree with the system and I am not trying to stick up for the telco. I was just trying to explain options and consequences.

It's a given that nobody should take out a contract without seeing what it entails but it happens everyday. By the information given by the OP all his mate really understood was the monthly contract amount. If this man has done that then he has created an obligation for himself by failing to fully acquaint himself with the other terms and conditions. This point has been made over and over again by people on this and other forums.

We figuratively and financially shoot ourselves in the foot each time we agree to anything over the phone*, or anything written without understanding the full implications simply because to be ignorant of the fine print is not seen as an excuse by either the creditor, the debt collector or the court.

It is common knowledge (in Australia at least) that telco's are among the worst offenders for offering scam rates, with-holding information or for trying to dodge warranty claims on phones that are not fit for service.

I hope it works out for him.

* Implied consent laws are among the most notorious of all and are to be avoided. In Australia all you have to do is say yes to the offer of cheaper phone calls and they can legally say you have agreed by implied consent. It is a bloody mine field. The only way to get out is to lodge, within 14 days a particular form with both the 'new' provider and the existing one as a declaration that you do not consent to any changes.

PS: It's my personal practice to get written quotes before agreeing to anything such as you describe above.

[he said it was brasso]

Not necessarily.
It would all depend on how many windows there are, the size of the lawn and how many rose bushes there are. £800 might be a cheap deal.
So I would say it would boil down to what price is agreed by both parties before the work is carried out.

Stop muddying the waters please. Ozpixie didn't mention agreement, he mentioned carrying out a service and being obliged to pay.


Well, the customer would have been given a copy of the contract at the outset. If the customer believes the provider has not fulfilled their obligations they could I suppose bring that up at any subsequent court action the provider chooses to persue. I think though the fact that the customer has used the 'phone to the tune of £583 may persuade the court somewhat.

Would he have been given a copy? Fact or opinion?

Your thoughts on what would persuade the court are purely that, thoughts. And without a valid contract and proof who is to say that someone else didn't create the obliged debt?

Glad you agree that non-performance of debt could be a reason for alleged debt not being enforced, however I am not sure it would be necessary for it to go to court anyway.

[ozpixie]

Not necessarily.
It would all depend on how many windows there are, the size of the lawn and how many rose bushes there are. £800 might be a cheap deal.
So I would say it would boil down to what price is agreed by both parties before the work is carried out.


Well, the customer would have been given a copy of the contract at the outset. If the customer believes the provider has not fulfilled their obligations they could I suppose bring that up at any subsequent court action the provider chooses to persue. I think though the fact that the customer has used the 'phone to the tune of £583 may persuade the court somewhat.

This can be a problem because here that is not necessarily so. Sometimes you do get a full copy and sometimes you get bits and are then asked to go to a website for more information. None of them will take responsiblity for verbal information given by staff over the phone and that includes Government/Crown Corporations and other policy enforcement bodies.

Here is an example. Australian banks are now obliged to report large transactions to the Australian Tax Office but hardly anyone bothered to read the fine print because on that same flyer the bank concentrated on the higher interest rates payable to depositors and the increased number of free services per month. Depositors were advised to go to the bank website for full details.

Remember too that they keep changing and amending stuff. There is always a clause tucked away somethere requiring you to acknowledge and agree to, in the event that things change over the period of the contract life.

[dlb2007]

Thanks to all who have responded

[madmax]

With all due respect that is not true. If I were to turn up at your house and clean your windows, mow your lawn and prune your rose bushes and then present you with a bill for £800 you probably would tell me to go jump right?

So what I am saying is that if it were me I would want to see the contract and make sure they have done everything we have agreed upon (if indeed we did agree).

Peace
The OPs opening line was: My friend had a pay monthly contract phone with vodafone uk

As such it can be assumed that the friend has a copy of a contract and has used his mobile telephone whilst bound by that contract.
Unless he can prove things are not as they seem he will lose. If the contract was done over the phone verbally they will have a recording of him giving implied consent. His options are extremely limited he can payup or they send the boys around not a good place to be in.
Mobile phone contracts have caught many people off guard but at the end of the day it comes down to buyer beware.

[rumpelstilzchen]

Stop muddying the waters please. Ozpixie didn't mention agreement, he mentioned carrying out a service and being obliged to pay.
I'm not "muddying the waters". The OP clearly stated:
My friend had a pay monthly contract phone with vodafone uk
That looks like an agreement to me.

[he said it was brasso]

I'm not "muddying the waters". The OP clearly stated:

That looks like an agreement to me.

Round and round the bloody mulberry bush with you isn't it!!

I was commenting specifically about ozpixie's quote. The bit about service provided and obligation to pay.

To be honest if I said it was black you'd say it was white and I dare say I'm not the only one on here having those frustrations with you.

Grand scheme of things though...who gives :D

[juleswinfield]

Honour and responsibility.

thats all I have to say.

[bones]

surely you don't think this company should pay tax? I would have thought that as a freeman you'd respect those who don't pay tax.
Why would you have a mobile phone anyway? Who in there right mind puts a microwave generator right next to their ear? not me anyway. Not to mention the fact that when carrying one around you leave a trail like a snail so the tptb can look at if they want to investigate your activities, same with folk with sat nav


pretty hard to run my buisness without one buddy.

why shouldnt they pay tax? everyone else does.