Enforceable Contract?

parp

New Member
Apr 14, 2009
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I permitted a 3rd part company to source a Mobile Phone deal on my behalf. I provided them with all my details (inc. Bank) and the tariff I required. Within the week I had my new phone - then the trouble began.

Bill's for the service were from a company I had never heard of or dealt with, and the tariff/cost was not as I had asked of the other company - much higher.

After 3 months of promises to change the tariff and no action, and I with holding all payment. I cancelled the contract, verbally and in writing with both the service provider and the original 3rd party company.

18 months on, the service provider is threatening me with court action for the whole contract period, and has attempted to withdraw funds by direct debit from my bank account. When I requested and received a copy of the contract and direct debit- first time I had ever seen it, I discovered that it had my signatures forged on it. The 3rd party company has since gone into liquidation.

Simply, all I need to know is if the contract is enforceable. I am willing to pay for the call costs upto when I stopped using the service upon my cancellation.
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
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Debtors retreat
If you haven't signed the contract it isn't legal, nor is it enforceable, problem is you will probably end up with your credit record well and truly screwed by simply stopping paying for it and not doing anything about the situation.

Is the signature anything like yours? i.e. have they had a copy of your signature and tried to copy it or have they simply signed a form? do they have a direct debit form with your signature on? because if not, the good news is you can get all the money you paid back from your bank under the direct debit guarantee.

They are not going to take you to court if they know they have a forged contract but it could be that it was forged by the company that has gone bust, you really need to either ask trading standards (Consumer Direct) to look into this or take them to court yourself.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
Even of the company has gone bust the person who signed the contract has broken the law and this is a criminal offence not a just a consumer issue. I would also contact the police. What company are the bill's from have you "googled" them?