Legal Help Required(Debt)

Discussion in 'Finance, Property, Law' started by DaPs, Jun 13, 2008.

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  1. Hi.

    I need some help regarding paying off a small debt i have.

    I used to have a vodafone contract and i cancelled it back in March. Now Vodafone are saying i owe them £100 pound for cancelling the contract early and i owe them for the months after i cancelled, even though they were not used.

    They say i owe them £170 in total, which was over £190 until i rang them up anf got them to take free insurance off(Which they CHARGED me for :x )

    I still believe that this figure is wrong. Surely, if the cancellation fee is legal, then why should i have to pay for months after march? that being april and may, possibly even june.

    When i get this sum i apparently ''owe'' down on the phone, i need to know how i can make an agreement to pay it off in instalments; say £5 a week etc.

    If you could help in any way, it would be fantastic!


  2. Just tell them you cant afford to pay the amount in full and offer up your suggestion, see what they say.
  3. Thanks Mcvitie. I will do so but need to know how to lay out the letter i send to them.

    Need some advice on this cancellation charge mallarky. It's around £100, and they are still charging me for months i haven't used.
  4. Thing is you cancelled your fixed signed contract early, so im not sure where you'd stand.

    Best thing to do is ring them and explain/plead. Believe it or not, they are there to help.
  5. They are lawfully entitled to their money irrepsective of the circumstances (unless their was a get out clause in the contract at the time you signed it or the contract has been frustrated).

    The dishonest thing to do would be to look up the terms "frustration of contract" on the internet and pretend you fit into one of those categories... but clearly you would not do that.

    So simply write to them and set out your position - make out that you simply cannot afford it and offer them a settlement payment if full discharge of the debt.

    Make sure that you have a letter from them that says ACCEPTED IN FULL DISCHARGE OF THE DEBT, or similar words, as far as the law is concerned they can accept your token sum and then sue you for the balance. It is all do with something called "consideration" in contract law.

    Bottom Line - you owe so you pay.... or simply just lie and hope they are sympathetic.
  6. The first thing you need to do is get your hands on the contract which you signed. That's your starting point and you'll be able to see exactly what you signed up for. If you can't find a copy ask them to send you a duplicate.

    Whatever you do owe, if you want to pay in installments you need to get in touch with them before they start to really chase you. Show willing and they should help you out. A bit of cash every month is less costly to them as opposed to dragging you through the civil courts.
  7. I did it online, so there is no formal contract, just a set of terms and conditions.

    I have already rung them and asked for the terms and conditions, but they sent me something completely different, including two bills, both different numbers.

    They really are trying to squeeze me for money i think.

    I've looked at the terms and conditions on the vodafone site, and i can't make out exactly what i'd owe under cancelling the contract(not really a contract - their words, not mine.)

    a) You may end this Agreement immediately by writing to us if:-

    • we do not do what we have to do under this Agreement and do not put it right within 7 days of being asked in writing to do so;

    • all of the Services are permanently no longer available to you;

    • we increase the monthly (or other periodic line rental charge under clause 7a) and such increase (calculated as a percentage) is more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send the notice of the change in tariffs and you write to us before the increase takes effect. If we increase the monthly (or other periodic) line rental charge by more than the increase in the RPI we will tell you; or

    • during the Term

    i) we increase in the United Kingdom and under clause 7a, call or other usage charges which have the effect of increasing your call or other usage charges by more than 10% or the increase in RPI calculated as in 8a above (which ever is the greater) based upon your previous call or usage pattern;

    ii) you write to us before the increase takes effect.

    b) We may end this Agreement immediately by writing to you if:-

    • you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;

    • you do not do what you have to do under this Agreement (e.g. you fail to pay any charges) and do not put it right within 7 days of being asked by us in writing to do so; or

    • all of the Services are permanently no longer available to you.

    c) When this Agreement comes to an end:-

    • your mobile device will be disconnected;

    • you will no longer be entitled to use your mobile device number;

    • you will have to pay immediately all charges outstanding at disconnection;

    • unless you have ended this Agreement under clause 8 a) or in accordance with Clause 2 you will also have to pay the monthly (or other periodic) line rental charge for the amount of the Term which is left to run or if the Term has expired you will have to pay immediately the monthly (or other periodic) line rental charge for a further calendar month. If the Term has not expired and you pay us this money in one lump sum immediately when this Agreement comes to an end, we will reduce the amount you have to pay us by 2%. You will be unable to have your mobile device reconnected until we release your electronic serial number; and

    • we will repay any deposit you have given us but only if you do not owe us any money. No interest will be payable.

    Can anyone be bothered to weedle through that bit of theit ''terms and conditions''. This is what i've found online and it isn't the original from when i signed back in december 06, so they are playing games by not sending me the proper terms.
  8. Citizens Advice Bureau for you! If nothing else they'll call Vodaphone for you and set up a re-payment schedule with them.

  9. RED - You appear to contradict yourself here. Did you sign an agreement or not?

    BLUE - That's where people like yourself fall foul in agreements. The terms and conditions are what you agree to. As long as those terms and conditions are fair, if you sign a contract without reading it, you haven't a leg to stand on (L'Estrange v. Graucob [1934]).
  10. And to add to Biscuit's questions, how long was the contract (12, 18, 24 months) and how did you give them notice to cancel?
  11. The contract was 24 months and runs out this december.

    I rang them up in March to tell them i wanted to cancel my contract.

    I set it up online so there was no proper ''signing'' of a contract. I just bought it like anything else you'd buy online.
  12. Hmmm. The current British education system at its best....

    What didn't you understand about the word "contract" and "I promise to pay Company X a certain amount of money on the 3rd day of each month until 3 Dec 2008...."?

    If you entered into a legally binding contract, then you do not have a leg to stand on.

  13. They're entitled to charge you for the months up to the end of your minimum term contract - all mobile phone providers do the same thing, I've been caught out by the same thing.

    It's the same with broadband contracts. The only way you can cancel is with a months notice after you've finished the minimum term period, if you were to get an upgrade or monthly discount after it's up they take that as confirmation as the start of another new term!!!

    The other way to do it is to not pay the bill, then they cancel your contract, then you pay the outstanding telling them that you can't afford anymore. This course of action will probably effect your credit rating though.

    Hope that sort of helps!!!
  14. The first thing that occurred to me is that they specify cancelling must be in writing. It might be seem silly to you but if I wanted to break a contract before it was due to finish, I was adhere to the way they had asked to be notified.
    You may not have thought that you haven't signed anything but as far as I would be concerned, any online 'document' that has my name, address and bank details where I have to click submit for their service is literally my signature - me agreeing for receiving and paying for those services. A good company would have sent you the agreement in hard copy unless there was an opportunity to print them off yourself at the time.

    I would contact them saying that you wish to pay the debt in installments as you don't have the whole amount, they should be pleased that you're trying to seek ways to settle the matter. If you call them and an agreement is made over the phone, keep the name of the person you spoke to, time/day of call and ask them for a hard copy of this new agreement for repaying the debt to refer to.
  15. Biscuits - you haven't a leg to stand on (L'Estrange v. Graucob [1934])"

    Yes - but she was a woman AND Welsh!