FOAK: Threatening Phone Call

Had a call tonight from a firm who have supplied me with my mobile. I'm
on Three and they contacted me about a year ago when my contract was
coming up for renewal and basically gave me a good deal on a new phone
with 3 (who I was already with) to stay with 3.

Then today, got a call from a guy (on a VOIP number) telling me that 3
haven't paid them their commission for some reason - he couldn't tell me
the reason - but the upshot was he wanted 169 quid otherwise he would
file court papers tonight...

Rang 3 - they confirmed that there was nothing wrong with my account (and
never had been) and had a three-way call with this guy and told him that
they could see no reason why he would not have been paid. He just
carried on saying that in the contract I signed (and I did - hangs head)
if 3 don't pay him I have to give him 169 for the handset and that court
papers would be filed online tonight (it's a bank holiday for goodness
sake).

3 said ignore it.

Police said ignore it - until the summons arrives...

What should I do? I'm a bit worried - I've searched the web and the guy
calling (it turns out) has a record of being a scammer and crim record
for something else (including threats to kill)...

 

Using the patented Mavis Beacon "Hunt&Peck" Technique, Simes

Wait for something in writing, then verify it.

I'd offer pretty good odds nothing (genuine) will ever show up.

 

That was my plan - and to fill the time I thought I'd just worry a bit.

That was also my thought (and that of other half). I feel it's all
bollox, but none the less wouldn't be surprised if they try it on.

169 is neither here nor there in a way - compared to the hassle of a
court case etc - but didn't feel inclined to give him my credit card
details at 6PM on a bank holiday just because he said so.

 

I did say that he should write to me with the details - he said that this
phone call was the only notification I would get.

I think that makes a lot of sense.

He was polite on the phone - the threats were a couple of years ago
(found it on BBC news website) and he got 4 months.

 

Unacceptable, IIRC contractual and legal communications have to be via
a "durable medium", so fax, printed letter, etc.

 

Surely, without a letter of intent (i.e. dear sir you owe me £169 in
accordance with blah blah blah, if this is not paid within 14 days, I
shall file ...), he's going nowhere, in a legal sense

He has also not presented any proof of not having received commission

I presume that he actually scares some people into handing over money

 

I hoped that was still the case. He seemed loath to put it in writing.

True - in fact the man at 3 - while not having access to the actual file
could see no reason why he might not have.

I feel that that is his evil plan.

 

Cheers Ginge.

I hoped that was still the case.

 

It's certainly what the OFT advised me a couple of weeks ago with
regards an issue with a certain retailer, email is a grey area, phone
calls are no use at all.

 

Let us know if you pay up - oh and post your phone number
to for added convenience.

))

 

Emails are now acceptable as long as they have a traceable digital
signature , the arguments at the moment fall around when the email has
been delivered , when it hits the server or when it has been viewed by
the recepient .This hasnot been fully explored yet

 

"Letter Before Action".

HTH.

 

This sounds really dodgy , no mobile phone retailer uses a viop number

If he calls again ask him for an address where you can forward all the
stuff , dont mention payment just stuff , if hes daft enough to give
you an address phone the plod , if he refuses to give you an address
then its plainly a try on , record the conversation if you can .


The part of the contract that makes you responsible for a third parties
commision sounds as though it will fall under the legislation around
unfair contracts and wouldnt be enforceable anyway

If you have house contents / buildings insurance many have a legal
helpline give them a call

 

Is it possible to trace the sender's IP address as it's VOIP?

 

Surely that's not Sime's problem.

 

So far - so good. No more calls or any signs of a summons...

Of course the lazy old postie might just be taking all the post home this
week as it's a bit warm to schlepp round the streets with a heavy bag of
letters.

At least, that's what the current incumbents predecessor did.

 

If he filled thurday night then it wouldnt really have been proceesed
until tuesday this week because of bank holiday , personally i wouldnt
worry to much it was just a try on to screw you over for a few quid



--

 

If anything more does come of it I heartily recommend a phone call to
consumer direct 0845 404 0506, and they'll quickly be able to confirm
where you stand, and how best to legally address the situation.

http://www.consumerdirect.gov.uk/

 

Ooh. Ta Ginge - noted.

 

It's what I'm banking on. I reckon if I've not got the summons by next
Tuesday it was all a try-on.