Mobile billing dispute.

Feb 20, 2008 8 Replies

Hi All,



I find myself in dispute with a mobile operator over a bill. In the middle of last year I sent a letter by recorded delivery ending the contract at the end of the 12 month minimum period - sent it 4 months ahead of time. The letter was correctly addressed and signed for but they say they never got it and have continued to bill me after the 12 months was up. Now they say I owe about 70 and I want to dispute this.



Don't want to have to deal with debt collectors and get a bad credit record. Should I pay up and try to reclaim the overbilled amount via the small claims procedure at the County Court? Or just pay up and put it down to experience?



Ta for any advice.



W

I can't see why you wrote in 4 months early

What did you do on receiving the first bill after the end of the contracted period? Even then you could have given a month's notice, so I can't see how a court would accept that the bills since then are charges you'd spent the last 3 or 4 months objecting to but nevertheless were forced to pay.

I think you'll have to hope for a goodwill reduction, pointing out that you haven't used it at all, not even turned the phone on.

There is no "credit agreement" so I can't see how it would appear on your credit report unless they took you to court and got a CCJ.

I doubt they would go to court for 70!

"Adrian Boliston" wrote

S/he quite clearly said it was a "contract", so probably not a "pay-as-you-go" phone. Anyway, if it *were* pay-as-you-go, the situation outlined above would never have arised, so there *must* be a credit agreement, no?

Unfortunately the provision of the service for each month before payment is counted as provision of credit. If you look at a credit report for someone you'll see that each monthly contract payment appears there.

Of course there is! Think about it. Unless you pay up front, you are being given credit - which is why you need to be 18 to get a contract phone!

As far as I can see - you had a contract - you gave notice of terminating that contract at the end of the 12month minimum period. Legally the contract was terminated.

Did you however use the phone after the end of the contract - ie what is the £70 for? If it is not for calls I suggest that you write recorded delivery and tell them that you terminated the contract and dispute the charge - tell them that you sent the letter recorded delivery and you have proof that it was delivered. Tell them the matter is closed as far as you are concerned.

If however you used the phone after the 12 months and part of the 70 quid is for calls then you are on dodgy ground.

But you could say that about almost any type of bill where service is provided in advance of actual payment.

I had a plumber do some work a few months ago and I had an invoice which said payment within 30 days, but there was no "credit agreement" entered into.

"Adrian Boliston" wrote

Of course, and those service providers could also give details of your account with them to the credit reference agencies; most tend not to, though -- except for mobile phone operators.

"Adrian Boliston" wrote

Yes there was! If it wasn't written down, it was implicit. But did you check all the small print on the back of the Invoice? It would normally specify there the terms of credit...

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