Been with CW for about 10/11 years, via 02. Always paid via DD, always on time.

Finally decided to revert to pay as you go (very nice deal from Tesco - £10 gets you triple texts/mins/etc )

But trying to cancel the contract has been like pulling teeth An absolute flippin 'mare

Couldn't do it via e-mail or O2 site being a CW customer.

Instead finally got through to someone waffling on about a PAC code but giving me the hard sell about staying. The guy peed me off. I don't like these hard sell merchants. Gets my back up straight away/

Anyway, cancelled the DD. Now involved in an e-mail feud !

If I don't pay, what can they do ? The billing address is my old rented accommodation. They don't know the new one.

Will it affect my credit rating ? It's pretty much gold star and just got a four year mortgage so not too arsed. Or should I try and take CW to Small Courts ?

ALL I WANTED TO DO WAS CANCEL A CONTRACT. HOW HARD CAN IT BE.

Anyone been involved in something simliar ? Thanks in advance

Presumably the key is whether you were locked into an unexpired contract with CW.
If so,I would expect there to be an early termination penalty to be paid,which should be detailed in your CW contract.
If you have a liability and refuse to pay,CW will eventually pass your a/c to a debt collection agency who will seek to track you down to your new address,which could prove a lot of hassle you may want to avoid.

It was a 24 months contract. I gave notice after 23 months (1 month in advance) which would take me up to the two year period.

It's currently going through their complaints procedure (if they have one)

My main beef is all the hassle it has taken just to stop my contract.

Mrs Hotpot had a problem with a new mobile phone contract and after lots of nonsense discussion I eventually offered to step in and deal with the supplier, I think it was O2.

I basically rang them, explained that the contract was to be cancelled, no further money would be paid and any discussions would go through me. At this point the guy on the phone said 'I can't discuss this with you, can you put Mrs Hotpot on the phone'

So I said 'See you in court' and hung up

This was years ago and we are still getting the odd threatening letter (each time from a different debt collection company), always with lots of bold writing and red letters, threatening house vists etc and I just pop them in the bin

I did read somewhere that bailiffs can't turn up to claim the costs until you've had your day in court. And on that day, I'll be like Al Pacino "This whole courtroom's out of order!!"

That's reassuring Hotpot. I've got £31 unpaid plus another, possibly £20 to come. That's £51. They've already agreed to a £10 cheque as a gesture of goodwill becuase they ballsed up (but it's gone to my old address ! ). They wouldn't introduce it as a credit and I've offered to pay £21 (£31 less £10) and call it quits but nothing. I just wondered if they would employ a debt agency for around £50 ? I would have thought they would have bigger fish to fry, although I could be wrong.

After the first few letters from O2 it looks like they got bored and sold the debt to a collection agency.

Then the debt collection agencies must swap the debts around each other and take it in turns to put pressure on the client.

I say pressure, but I'm quite relaxed about the whole thing. But still to this day, the Mrs sees a letter (always asking for about £60) and suggests we pay it just to get shot of the whole thing

I'm not paying a penny without my day in court!

I love debt collection agencies.

I've a couple of very old, very disputed minor debts. These are re-sold for pennies to 'Arthur Daley type' debt agencies, and I still occasionally get calls about them.

I either refuse to talk over the phone, speak French, tell them that they must have got me mixed up with one of those dodgy Scouse types (in a broad Scouse accent), put them on hold and go take a bath, or give the phone to my seven year old.

It's never affected my credit rating, and I get a bit of a laugh out of it.

Debts are statute barred after 6 years, which is why they get sold around for pennies and they just try it on
In theory, and i've read plenty of examples, they can take you to court and get a ccj against you if you then fail to pay.

Ignore them, tell them to take you to court. I have been involved with similar disputes, they will try it on, sell their debt, send threatening letters designed to frighten you. In my experience, I have never had a threat taken any further. Not sure if mobile phone debts affect your credit rating but if you have a clean one up to now it will not make any significant impact. The amount you owe is not worth their court costs.

If you were still in contract to pay for the phone they supplied it may be different but if your contract is up they are unlikely to gain anything by taking it further. Don't let them bully you, ignore them and relax.

If you do get worried look on MoneySupermarket for similar issues and you will find template letters and legal jargon to quote to them to see them off once and for all.

It does rather depend on the circs
If you owe them money and just haven't paid, then they may well chase you and take you to court, it happens.
The grey area is disputes and how far each side is willing to go
Moneysavingexpert is the best place to find the info tbh

Actually I did mean moneysavingexpert, not moneysupermarket. I should have also mentioned that this is assuming you haven't used the phone at all in the time you feel your contract should have ended. Keep all records of you attempting to cancel and the difficulty you had cancelling, all your phone conversations and emails etc.

Funnily enough Cheryl, i thought that was what you had written until you pointed it out

Those bloody adverts get into your brain!

My personal experience was with a gym - when I joined on a 12 month contract they said I had to give one month's written notice. After 2 years (so well after my 12 months) on the 30th June I went to the gym and gave my written notice (as stipulated in the t&c's). They told me they no longer accepted written notice and that I had to phone a special number! I rang the number the same day but got no answer.

I rang again the next day - 1st July. They told me that, given I was into the next month, I had to pay two months notice! I complained that my contract said written notice but the gym had refused to accept it, and in any case didn't stipulate one FULL month's notice, but they were adamant I owed two months. I received so many phone calls and threatening letters and even a notice that I would be taken to court.

This went on for about a year and eventually the threatening letters stopped and the offers came in - "come back to us with three months free and a reduced rate". I rejoined no questions asked!

They try it on but they know it won't stand up in court.

Thanks for your comments everyone

I'll see how this pans out.

BN, any mobile phone contract is on your credit file. If you don't pay your phone bill it will affect your credit rating by showing first as 1,2,3 missed payments before it moves to a red default.

This will severely affect your credit rating and ability therein to obtain credit going forward, especially if it remains an unsatisfied default. It stays on your file for 6 years.

You say you gave notice after 23 months of a 24 month contract, I think this puts you in the wrong in all fairness as you can only really give notice once the 24 months has elapsed?

Cheers Nedved

but I satisfied the term of the contract - 24 months ?

Does that mean that 12 and 24 month contracts are effectively 13 and 25 months in duration becuase of the one months notice period ?

What does it says in the terms and conditions regarding cancelling?

I guess that's where I'm leaning although in hindsight you did in fact act appropriately the more I think about it as you merely 'pre-empted' the end of the contract by giving the correct month's notice 'early' with a view to exiting the contract when the 24 months were up.

This I feel is the area that needs clarifying - is it 24 months THEN a month's notice thereafter or 24 months full stop, therefore meaning your approach was perfectly acceptable by informing them in advance.

A bit grey really and sorry if I've confused things. It's the above point that is crucial I feel and I would focus on that mate. Should be in the contract small print.

Good luck.

That's quite OK - a valid point IMO



I don't know. Haven't got the original T & C. Just the date my contract started

I know for a fact mine is 24 months and i have to give notice 1 month before (you can give notice before but it wont end until month 24)

so the contract in this instance would be 12 & 24 not 13 & 25 as suggested above, im pretty sure this is how all of my previous contracts have worked before as well