Can anyone explain how debt is enforced?

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airram
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#1 Can anyone explain how debt is enforced?

Post by airram » 17 Jan 2017 23:17

Hi all posting this on behalf of my brother,

He has now pulled his head from the Sand and is trying to sort this complex mess of an issue, and we would like to know is his dent enforceable by a high court writ? like the program don't pay we will take it away.

My brother got himself 2 years ago a phone contract, then got his partner one, then a tablet, so in total 3 contracts... this is when the issue started Vodafone sent him two handsets instead of one... he asked whey he had been sent them, he arranged and had the other phone sent off. Vodafone denied they had it, he sent the proof. They then billed him for contracts in full so all off a sudden he was at £5k in debt within a week..!

Whats scary is he explained he was lost from the system, they did not have him as a customer. The bills amounted but his mobile was still active, the debt then was at £7k and it kept going up. Now he left it as he could not get Vodafone to acknowledge there is an error, he buried his head in the sand for 2 years. This all came about when I spotted him with a new phone infact 2. I asked him had he sorted the original issue (he mentioned they had sent him 2 phones 2 years ago)

I thought nothing of it. Fast forward to we are watching don't pay take it away together and he felt uneasy. He explained the whole situation infact I laughed I said impossible. Its only when he showed me the text messages from Vodafone saying you monthly bill is 10K did I feel ill. His Vodafone account does not work on the website, he cant see any bills he does not exist and yet till this second all the numbers he has are active and he has upgraded two of the phones!

What we are looking to do is now contact Vodafone with a letter explaining the situation and the mess this account is and hope they kill the account (if found)

He has never had a debt letter, never had a call from them, never had a text, nothing in 2.5 years. Nothing on his credit file from them or a debt collection company

What I am asking is how debt works, the fear of him having debt collection agents at his door is all to real, infact he has moved out from his partners house, and back home to keep her safe from these agents.

My understanding of credit is that this is consumer credit. This could go to court and he would have the chance to fight or he would get a CCJ if he did get this CCJ would he have dent agents at his door, or even before that would he have the chance to set up a payment plan? I hope someone can clear this issue of type of dent up. The don't pay take it away has scared him senseless.

As it stands now he would seem to just be billed forever and ever.

many thanks

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Schedule 12
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#2 Re: Can anyone explain how debt is enforced?

Post by Schedule 12 » 19 Jan 2017 10:45

High Court Enforcement Officers cannot recover debts that arose from a consumer credit agreement.


Section 141(1) of the Consumer Credit Act 1974 states:
  • 141 Jurisdiction and parties.

    (1)In England and Wales the county court shall have jurisdiction to hear and determine—

    • (a)any action by the creditor or owner to enforce a regulated agreement or any security relating to it;

      (b)any action to enforce any linked transaction against the debtor or hirer or his relative,


    and such an action shall not be brought in any other court.


The liability is extinguished after six years from the date it arose. Section 2 of the Limitation Act 1980.
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Michelle
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#3 Re: Can anyone explain how debt is enforced?

Post by Michelle » 19 Jan 2017 17:35

jasonDWB wrote:High Court Enforcement Officers cannot recover debts that arose from a consumer credit agreement.
We'd have to look at whether this debt actually falls under the CCA or not, because mobile contracts are not regulated credit agreements, however, some newer contracts include two parts where one is for the actual handset and a regulated agreement, the other for the service. This wasn't always the case, I've never had a CCA regulated agreement with Vodafone but I don't change devices often.
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Michelle
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#4 Re: Can anyone explain how debt is enforced?

Post by Michelle » 19 Jan 2017 17:59

airram wrote:He has now pulled his head from the Sand and is trying to sort this complex mess of an issue, and we would like to know is his dent enforceable by a high court writ? like the program don't pay we will take it away.
The program only shows the end of what is a lengthy process. A CCJ is required before a writ can be obtained and CCJs are not obtained automatically, a claim has to be issued and there are various options depending on the circumstances, such as defending the full amount, admitting the full amount, admitting part of the debt and there are also ways around it to avoid a CCJ on file.
airram wrote: My brother got himself 2 years ago a phone contract, then got his partner one, then a tablet, so in total 3 contracts... this is when the issue started Vodafone sent him two handsets instead of one... he asked whey he had been sent them, he arranged and had the other phone sent off. Vodafone denied they had it, he sent the proof. They then billed him for contracts in full so all off a sudden he was at £5k in debt within a week..!
This doesn't sound at all right and I'd certainly be disputing this debt.
airram wrote: Whats scary is he explained he was lost from the system, they did not have him as a customer. The bills amounted but his mobile was still active, the debt then was at £7k and it kept going up. Now he left it as he could not get Vodafone to acknowledge there is an error, he buried his head in the sand for 2 years. This all came about when I spotted him with a new phone infact 2. I asked him had he sorted the original issue (he mentioned they had sent him 2 phones 2 years ago)
Again, I'd be disputing this. https://www.citizensadvice.org.uk/consu ... r-tv-bill/ If he gets no joy with Vodafone, then take it to Ofcom: http://ask.ofcom.org.uk/help/services-a ... /disp_bill
airram wrote: I thought nothing of it. Fast forward to we are watching don't pay take it away together and he felt uneasy. He explained the whole situation infact I laughed I said impossible. Its only when he showed me the text messages from Vodafone saying you monthly bill is 10K did I feel ill. His Vodafone account does not work on the website, he cant see any bills he does not exist and yet till this second all the numbers he has are active and he has upgraded two of the phones!

What we are looking to do is now contact Vodafone with a letter explaining the situation and the mess this account is and hope they kill the account (if found)
See what I posted above, definitely dispute it and escalate if necessary, it's absolutely ridiculous!
airram wrote:He has never had a debt letter, never had a call from them, never had a text, nothing in 2.5 years. Nothing on his credit file from them or a debt collection company
Not on his credit file because this wasn't a credit agreement.
airram wrote:What I am asking is how debt works, the fear of him having debt collection agents at his door is all to real, infact he has moved out from his partners house, and back home to keep her safe from these agents.
Unlike bailiffs, debt collectors have no powers whatsoever, one came round before Christmas and I sent him off saying I was busy and anything he had to say he could put in writing. He left one of them cards saying they'd called, as if there had been no-one home. :D I started a thread about them a couple of years ago and nothing has changed: viewtopic.php?f=69&t=2365
airram wrote: My understanding of credit is that this is consumer credit.
Not sure whether it would be regulated by the Consumer Credit Act as per my post above.
airram wrote:This could go to court and he would have the chance to fight or he would get a CCJ
He would have a chance to defend the claim and I can see reasons to defend, but I'd say it'd be much better not to wait for a claim and dispute this debt before it reaches that point.
airram wrote:if he did get this CCJ would he have dent agents at his door, or even before that would he have the chance to set up a payment plan?
CCJs come with the option to provide a financial statement and make a monthly repayment offer backed up by that statement. The vast majority of people with CCJs pay what they can afford every month and never see a bailiff or HCEO but that doesn't make interesting viewing so you only see those few cases where enforcement action is escalated. CCJs can only be enforced with bailiffs if the debtor doesn't keep up with their agreed repayments or when no repayment offer is made following the judgment.
airram wrote:I hope someone can clear this issue of type of dent up. The don't pay take it away has scared him senseless.
He is a long way from that and it doesn't have to come to that, there are may ways to deal with debts, claims and CCJs. Those you see on the program are the minority who have not dealt with things appropriately.
airram wrote:As it stands now he would seem to just be billed forever and ever.
That can't be right, as above, this needs to be dealt with before it goes further.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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#5 Re: Can anyone explain how debt is enforced?

Post by Pote Snitkin » 19 Jan 2017 18:37

I'd like to know what sort of phone contract ends up as a £7k debt.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Michelle
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#6 Re: Can anyone explain how debt is enforced?

Post by Michelle » 19 Jan 2017 18:53

Pote Snitkin wrote:I'd like to know what sort of phone contract ends up as a £7k debt.
So would I, which is why I said it should be disputed.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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