cd.thomson
|
| posted on 5/6/10 at 08:18 AM |
|
|
phone "debt" getting out of hand
Hi guys,
anyone able to offer advice on this one?
My contract ended with orange in january.
I rang up and asked that my number be transfered to a pay as you go sim, rather than renew the contract. I was told this was fine - the contract was
cancelled, I waited 3 weeks (no use of the phone) and got a new sim through the post. I than rang them to register and move my number as well as to
confirm cancellation of my direct debit - all fine.
two months later I get a bill for £50 (two months line rental) so I ring up to confirm and after getting batted around the phone monkeys confirm that
someone left my contract running despite it no longer even having a number attached to it. Apologies, and "sorted". I also rang on a
separate occassion after this for a payasyougo query and was told everything on the account looked kosher.
two months later and I now have a "credit" note reducing the outstanding debt to £32 and a letter from the baliffs telling me theyre going
to take everything i own if i dont pay orange back.
I dont know what more I can do? Each time I ring they confirm I'm in the right, but behind the scenes they're still pushing for money
Craig
|
|
|
|
|
MikeRJ
|
| posted on 5/6/10 at 08:23 AM |
|
|
Firstly don't worry about bailiffs, they can only be appointed after a court case. Mentioning them at this stage is standard "bluff and
bluster".
|
|
|
dave
|
| posted on 5/6/10 at 08:24 AM |
|
|
Phone them back and ask them to confirm the debt doesn't exist as your contract ended and record the conversation make sure you get the name of
the person your talking to and get their managers name.
|
|
|
Humbug
|
| posted on 5/6/10 at 08:40 AM |
|
|
quote:
Originally posted by dave
Phone them back and ask them to confirm the debt doesn't exist as your contract ended and record the conversation make sure you get the name of
the person your talking to and get their managers name.
...and ask them to confirm in writing
|
|
|
Minicooper
|
| posted on 5/6/10 at 08:50 AM |
|
|
quote:
Originally posted by MikeRJ
Firstly don't worry about bailiffs, they can only be appointed after a court case. Mentioning them at this stage is standard "bluff and
bluster".
Court appointed baliffs yes, but not private ballifs, at this stage I would be more worried about potential damage to your credit rating
Cheers
David
|
|
|
Mal
|
| posted on 5/6/10 at 08:56 AM |
|
|
Communicate with them in writing.
Say if you do not have a satisfactory reply from them in 2 weeks you will contact Trading Standards and get them to take the matter up on your behalf.
They will help your by monitoring that Orange are behaving reasonably, and it is free.
It changed the attitude of a large mail order retailer I was having problems with over a lap top computer.
Mal
Mal
|
|
|
Theshed
|
| posted on 5/6/10 at 09:01 AM |
|
|
There is no such thing as a "private baliff". With the exception of certain rights given to Landlords no baliff can seize goods without a
court order. It was a pathetic threat.
Nobody in their right minds will sue you for £32 - the court fees would exceed that many times over. It is fair to say that you might have a battle
about your credit rating - you can dispute adverse entries.
|
|
|
mookaloid
|
| posted on 5/6/10 at 09:19 AM |
|
|
If they persist with this they are harrassing you which is also against the law. you should mention this to them in the letter when you complain about
their faulty procedures and poor in house communication.
"That thing you're thinking - it wont be that."
|
|
|
BenB
|
| posted on 5/6/10 at 09:29 AM |
|
|
In the past in this situation I've written to the company in question, pointed out the error (and their own admission of the error) and said
that unless they desist in sending threatening letters you'll do them for harrassement and if they go to court against you for a fictitious
unpaid bill you'll do them for slander (after all you would be named in a court as not paying a bill which in actuality you are not liable
for).
Usually does the trick.
Otherwise I've got the e-mail of the head office of Orange somewhere 
|
|
|
Neville Jones
|
| posted on 5/6/10 at 09:29 AM |
|
|
Do all of your corresponding in writing, sent Recorded Delivery, just to make sure they get it. And, the courts will only recognise letters as being
delivered if you have the proof of delivery.
After the first Recorded Delivery letter, they usually take the matter seriously, and sort it out properly. If not, then you can build your case for
the Small Claims Court, and they'll cop all the costs.
Cheers,
Nev.
|
|
|
peteday_uk@btinternet.com
|
| posted on 5/6/10 at 09:35 AM |
|
|
You could try OFCOM (I think that's right) the government body that governs them.
Pete.
|
|
|
scootz
|
| posted on 5/6/10 at 09:54 AM |
|
|
Bloody telecoms companies! 
We have an 85 year old family friend being harassed by C********* T*******. Lovely old lady - not long lost her husband, frail and very hard of
hearing.
They 'slammed' her ( LINKY ) and by the time she realised what had happened and
cancelled the direct debit, they sent her a bill for the best part of £200. She paid it as they were holding her phone line to ransom (who restricts
a phone-line for a vulnerable OAP?) and she just wanted free of the matter. They then disputed that she hasn't paid (she has obtained a copy of
the cashed cheque that she sent to them) and want a further few hundred pounds in 'interest'. She went to see her solicitor as they
continued to threaten her with baliffs, etc. and she was genuinely terrified that men were going to turn up and ransack her home. Solicitor fired off
a few letters.. incurring a legal bill of a few hundred more pounds. No result as they just refused to correspond with the solicitor!
My wife and I took it over a couple of months ago. It's like talking to the thickest of brick walls! We've hit them with proof that she
paid an 'unjust' bill, but they still 'can't find the payment' in their records system! Her fault apparently!
We've advised them of the distress they are causing and instructed them not to contact her... only us (and presented them with a letter of
authority for us to deal with it on her behalf). They still phone her and threaten her with bailiffs.
They sicken me!
I'm glad I don't live near London as I'm pretty sure I'd have gone round and leathered a certain employee of there's!
Cheeky smarmy bullying b******!
We're getting nowhere, so we'll be changing the ladies phone number so they can't phone her anymore!
We tried OFCOM, but they can't do anything just now as C******** T******* don't have an ombudsman... from what I can gather, whenever they
have had one, they just ignore rulings against them and then part company with them until another is appointed.
It's Evolution Baby!
|
|
|
Ninehigh
|
| posted on 5/6/10 at 10:25 AM |
|
|
First of all recorded delivery doesn't mean it gets there, however special delivery legally has arrived the moment you hand it over to the post
office person.
Ofcom can't do much at the moment as they're inundated with complaints about useless phone companies (there's 3 in the system from
our house alone) and as for the harassment of your old lady, inform them that you have proof they cashed the cheque and therefore paid it. They WILL
only contact yourself, and by post only. Any other method (and person) and you WILL do them for harassment. Then you have to actually do so, or get
really abusive
Also you could give us their number and address and we can get loads of cr@p sent to them
Oh yeah as for the OP if the debt collectors keep on at it order them to get proof, and don't pay them anything in the meantime (they will
pester you for it) and keep on at Orange to get proof you cancelled.
[Edited on 5/6/10 by Ninehigh]
|
|
|
dlatch
|
| posted on 5/6/10 at 10:37 AM |
|
|
what company is C******** T******* ??
|
|
|
scootz
|
| posted on 5/6/10 at 11:47 AM |
|
|
Am I allowed to post it? Would that not contravene forum rules?
It's Evolution Baby!
|
|
|
James
|
| posted on 5/6/10 at 12:26 PM |
|
|
quote:
Originally posted by scootz
Am I allowed to post it? Would that not contravene forum rules?
youre allowed to mention company names on here as far as I know.
------------------------------------------------------------------------------------------------------------
"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
|
|
|
scootz
|
| posted on 5/6/10 at 12:27 PM |
|
|
But I'm accusing them of various things... does that not change things?
It's Evolution Baby!
|
|
|
SteveWalker
|
| posted on 5/6/10 at 12:47 PM |
|
|
quote:
Originally posted by Neville Jones
Do all of your corresponding in writing, sent Recorded Delivery, just to make sure they get it. And, the courts will only recognise letters as being
delivered if you have the proof of delivery.
Which is of course totally unfair as in a totally different area, you can be done for not responding to a Notice of Intended Prosecution, as they
automatically deem it delivered a certain number of days after posting - without proof!
|
|
|
Snuggs
|
| posted on 5/6/10 at 12:48 PM |
|
|
quote:
Originally posted by cd.thomson
Hi guys,
anyone able to offer advice on this one?
My contract ended with orange in january.
I rang up and asked that my number be transfered to a pay as you go sim, rather than renew the contract. I was told this was fine - the contract was
cancelled, I waited 3 weeks (no use of the phone) and got a new sim through the post. I than rang them to register and move my number as well as to
confirm cancellation of my direct debit - all fine.
two months later I get a bill for £50 (two months line rental) so I ring up to confirm and after getting batted around the phone monkeys confirm that
someone left my contract running despite it no longer even having a number attached to it. Apologies, and "sorted". I also rang on a
separate occassion after this for a payasyougo query and was told everything on the account looked kosher.
two months later and I now have a "credit" note reducing the outstanding debt to £32 and a letter from the baliffs telling me theyre going
to take everything i own if i dont pay orange back.
I dont know what more I can do? Each time I ring they confirm I'm in the right, but behind the scenes they're still pushing for money
Craig,
My son works Orange customer services (Please dont hold this against me !).
If you U2U me the number you are having problems with I will see if he can sort it for you. Not promising anything though.
Clive
----------------------------------------------------------------------------------------------------
http://www.topcashback.co.uk/ref/snuggstcb
Spider pig, spider pig, does whatever a spider pig does.
I doubt therefore I may be.
Luposlipophobia : Fear of being chased by wolves around a freshly waxed kitchen floor, while wearing only socks on your feet.
My mind not only wanders, sometimes it leaves completely!
http://www.venganza.org
http://www.jesusandmo.net/
http://www.snuggs.co.uk
|
|
|
MikeRJ
|
| posted on 5/6/10 at 02:28 PM |
|
|
quote:
Originally posted by SteveWalker
Which is of course totally unfair as in a totally different area, you can be done for not responding to a Notice of Intended Prosecution, as they
automatically deem it delivered a certain number of days after posting - without proof!
Not any more! There was a high court appeal last year which came out in favour of the defendant, and the judge clarified that proof of sending via the
normal (unrecorded/unsigned) postal service is not proof of delivery. Have a search for "Gidden v Director of Public Prosecutions" if you
are interested.
|
|
|
Hellfire
|
| posted on 5/6/10 at 03:33 PM |
|
|
quote:
Originally posted by dlatch
what company is C******** T******* ??
Central Telecom?
|
|
|
SteveWalker
|
| posted on 5/6/10 at 08:18 PM |
|
|
quote:
Originally posted by MikeRJ
quote:
Originally posted by SteveWalker
Which is of course totally unfair as in a totally different area, you can be done for not responding to a Notice of Intended Prosecution, as they
automatically deem it delivered a certain number of days after posting - without proof!
Not any more! There was a high court appeal last year which came out in favour of the defendant, and the judge clarified that proof of sending via the
normal (unrecorded/unsigned) postal service is not proof of delivery. Have a search for "Gidden v Director of Public Prosecutions" if you
are interested.
Ah, excellent, a very sensible decision by the courts for a change. I've never had a NIP or anything like that, but I have had important
documents go missing in the post before.
|
|
|
Minicooper
|
| posted on 6/6/10 at 12:14 PM |
|
|
quote:
Originally posted by Theshed
There is no such thing as a "private baliff". With the exception of certain rights given to Landlords no baliff can seize goods without a
court order. It was a pathetic threat.
Nobody in their right minds will sue you for £32 - the court fees would exceed that many times over. It is fair to say that you might have a battle
about your credit rating - you can dispute adverse entries.
There are several types of baliffs including private baliffs, here is some information from the insolvancy website
What is a bailiff?
A bailiff is someone authorised to collect a debt on behalf of a creditor. A creditor is someone you owe money to. There are different types of
bailiffs - e.g. county court bailiffs, certificated bailiffs and private bailiffs who can be used to collect different types of debts. These include
county court judgments, unpaid council tax, magistrates court fines, unpaid maintenance to the Child Support Agency and outstanding rent.
Different bailiffs have differing powers to collect debts. However, there are certain rules that apply to all bailiffs. Unless stated otherwise, the
information in this leaflet applies to any bailiff.
Cheers
David
[Edited on 6/6/10 by Minicooper]
|
|
|
