debt for a phone someone else was using?

[misswoo]

Hi, dont know if anyone can help? I left my ex at the start of 2006. Apparently (i cant remember, it was nearly 7 years ago) i took out a credit agreement for a phone with carphone warehouse on a one month rolling contract in oct 2005. this was for a phone for him, which he continued to use after i left, and direct debits were coming out of my account till june 06 which was when either i cancelled the direct debit or my bank account got shut down as i owed them money (im not sure which at this point). he did attempt to change the acct to his name and told carphone warehouse in july 06 i was no longer with him and he was the user of the phone, they have this on record. but they couldnt change over without my consent. dec 06 the phone disconnected due to non payment. and here we are five and a half years later i receive a letter where i live now saying i owe the bill. i cant even remember signing up, but i guess i must of done, but i never used the phone, he did, and they have this on record. is it just a case of tough luck il have to pay?

[brokebutnotbeatn]

If your last payment was June then this becomes statute barred in July this year (the month after the last payment was made). Did they write to you. Do you have anything in writing that confirms they knew about the change of ownership? For the moment I would ignore them then I would write a 'prove it' letter making sure you head it 'I do not acknowledge any debt to you or any cmpany you claim to represent'.

[misswoo]

hi, i got a letter from a dca this week, thats why i went to carphone warehouse and they gave me the info about the old account. i wish i hadnt now as this acknowledges debt doesnt it? suppose i could write and ask for copy of CCA, maybe they dont have it from that long ago?? technically it never changed ownership, it was always in my name but used by the ex, never me; he didnt have a bank acct so muggins got to take all the bills on (one of the reasons i left!!) carphone warehouse do have on file though that he was the one using it, as he both wrote in to them in jul 06 and called into the shop to see if he could change it over, which he couldnt without my consent. but he never mentioned it to me, and to be honest it was the last thing i was worried about as i was dealing with moving, a marriage break up and recovering from major surgery! wasnt a good year lol.

[Crazy Diamond]

Are you in England or Scotland? SB is 5 yrs in Scotland, 6 in England.

 

Who's the DCA?

[Bazooka Boo]

Who was the contract with? Voda? 02?

 

When was the last payment you made to this?

The SB clock starts the 'day after' payment was expected but failed six years from then in England (5 in Scotland)

 

I bet the DCA is Lowell?

 

Do not correspond with anyone regarding this, that includes the DCA and CW.....check your credit file and see if there is anything on their regarding this, I suspect not, and one last thing this is a mobile phone contract, so a CCA request wouldn't make any difference, this is a service agreement.

[misswoo]

the debt was in england. the last payment was made from my account in june 06, though the account was not disconnected till dec 06. i myself had no contact with carphone warehouse apart from when i (apparently) set up the contract in oct 05. the only other contact they have had since then was with my ex when he tried to change contract to his name as he was the one using the phone. apart from phoning carphone warehouse today i have had no contact. i said to the man i had no recollection of setting the acct up, thats not to say i didnt, as it was coming out of my account, just oct 05 is a long time ago and i really cant remember!!

[Bazooka Boo]

Relax, this is dead and buried.

 

Mobile phone agreements are easy peasy to deal with, give it another month and it will be SB and they won't be able to do a thing.

 

Stay off the phone, don't reply to them, and WHO IS THE DCA? Is it laughable lowell?

[misswoo]

the DCA is transcom, im surprised they found me as ive reverted to my maiden name and moved a lot since my divorce. i havent responded to them, wish id not contacted carphone warehouse now and just waited a month Im just going to ignore any letters for the time being. if it comes down to it, maybe i could argue that CW were negligent, they were fully aware from the time I stopped paying that I was not the user of the phone and that my ex was still using it as he told them and tried to swap the contract over to his name in july 06, yet despite this they continued to provide a service right up till dec 06 which is how the debt was accrued. surely they should have disconnected it as soon as they knew it was not being used by me.

[brokebutnotbeatn]

your contacting carphone warehouse (not in writing) will not have reset the clock.

[misswoo]

phew. as it was when i did phone i did tell him that i had no recollection of signing for it anyway. i probably did but oct 05 is a long time ago, i cant honestly remember! my ex sponged off me as i was working full time and he did not have a bank account, wish id made him get one, still you live and learn!! so il hope there is no correspondence till july or ignore correspondence then respond that i have no knowledge of signing for it and its SB anyway.