Debt Collector Advice

Page may contain affiliate links. Please see terms for details.

rf065

MB Enthusiast
Joined
Jun 8, 2007
Messages
5,290
Location
Grossbritannien
Car
SLC300 - C250d Estate 4 Matic & Z900rs
Anyone know how to deal with a company who sets the debt collector on you for a debt that does not exist.

Scenario goes like this:

My son orders a mobile phone from Orange & receives an e-mail from them stating it has been sent out, he paid extra for Saturday delivery, but it never turns up. He phones Orange who tell him the Courier still has it as they could not find our house. He arranges to go to the couriers to pick it up, a 20 mile round trip only to be told that they have sent it back to Orange.

He phones Orange again to complain about wasting his time and to cancel the phone, but being young & gullible he is persuaded to allow them to send another phone to him. Guess what, this does not turn up either.

Again, he phones Orange & tells them to cancel the phone & he buys one from Vodaphone which arrives next day.

Three weeks after this all started, a phone is delivered from Orange. He phones them to say he cancelled the phone due to the incompetance of Orange & their couriers. No problem, Orange says, we will post a returns bag for you to put the phone into. The phone was returned, box unopened & unused, sent recorded delivery using Oranges return address & bag.

This was in December, From January onwards he gets monthly bills from Orange. Every time he phones, they say they have cancelled the bill, but they keep coming. He has wrote to them, but gets no reply.

Now he is getting letters & phone calls from a debt collector. He phones them, but they are not interested in his side of the story. The latest letter says that they are now going to visit him at home & court action will follow, as he has not cleared the debt, £298, for using a phone between January & March which was returned to Orange on the 5th December!

I have reported them both to the Financial Ombudsman this week, not sure how long they take to do anything or if they will even act at all. Anyone got any other ideas? Or should we just let them start court proceedings?

Russ
 
What age is your son? Debt collectors cannot take anything from your house. They may only take from him.

If he isn't 18, tell them where to go. I would email as above.
 
What age is your son? Debt collectors cannot take anything from your house. They may only take from him.

If he isn't 18, tell them where to go. I would email as above.

He is over 18, I think I will e-mail the details as suggested above & see if he responds.

Russ
 
simplings, the old phrase "see you in court" then tell the pikies to do one next time they knock
 
Tom Alexander seems to have his own cutomer services team, who seem to have power and ownership. Certainly other departments seemed to respond to them.
 
simplings, the old phrase "see you in court" then tell the pikies to do one next time they knock


The problem is, I do not think they have any intention of going to court.
They seem to want to threaten & harass everyone until you cave in and pay up just to get some peace, even although you do not owe anything.
They are not interested in facts or the truth, only that you pay them, incredible but true.

Russ
 
Now he is getting letters & phone calls from a debt collector. He phones them, but they are not interested in his side of the story. The latest letter says that they are now going to visit him at home & court action will follow, as he has not cleared the debt, £298, for using a phone between January & March which was returned to Orange on the 5th December!

I would be inclined to send the debt collection agency a recorded delivery letter stating that the debt is in dispute - there is no debt. Demand that they cease harassing you. Make it curt.

At the same time send Orange a recorded delivery letter outlining the situation and stating unequivocally that there is no debt - I would be inclined to include copies of the debt collection agency's correspondence.
It's worth being a bit more polite with Orange and at the same time ask them what sort of compensation they propose because of the distress and trouble.
 
I would be inclined to send the debt collection agency a recorded delivery letter stating that the debt is in dispute - there is no debt. Demand that they cease harassing you. Make it curt.

At the same time send Orange a recorded delivery letter outlining the situation and stating unequivocally that there is no debt - I would be inclined to include copies of the debt collection agency's correspondence.
It's worth being a bit more polite with Orange and at the same time ask them what sort of compensation they propose because of the distress and trouble.


Already done this, Orange have never responded & the debt collection agency responded by increasing the frequency of the letters & phone calls instead of ceasing them.

Russ
 
theres no use sending anying to the debt collectors. ive just had promblems with debt collectors myself.you can say what ever you want to the but they will continue to act on the debt untill in this case they are told by orange cease chasing for the money.
 
theres no use sending anying to the debt collectors. ive just had promblems with debt collectors myself.you can say what ever you want to the but they will continue to act on the debt untill in this case they are told by orange cease chasing for the money.

You got that right!

Russ
 
theres no use sending anying to the debt collectors.

Part of the objective of sending something recorded is to make sure you have communicated with them and that you have proof of it.

It means that if they try and progress further you can demonstrate that *you* have tried to remedy the situation.

You can then make a case (in England at least) that it has become harassment if they continue to communicate with you after that point.
 
I would be inclined to send the debt collection agency a recorded delivery letter stating that the debt is in dispute - there is no debt. Demand that they cease harassing you. Make it curt.

Legally, if you write to the debt collector (send using trackable mail) and formally state you are in dispute with Orange, they have to stop any proceedings. Also, if they turn up at the house, they have no legal right to enter or take goods, despite what they tell you.

I would email the CEO email address and explain the situation. If you sent back the phone recorded delivery, Royal Mail should have a record that it was definately delivered. If it was then you can prove Orange received it. If it wasnt, then as the sender you may have to claim the value from Royal Mail.

If the dispite is over unpaid bills, then mobile phone contracts are not covered under the consumer credit act and you will have a problem removing defaults from a credit file. Mobile phone operators are notorious for filing defaults against people and then not removing them. Keep contacting the CEO, in the end, they may back down. Good luck.
 
I hate sending e-mails when it comes to something so important.

I bow to the experts on our forumbut I think recorded delivery is not good enough. You might want to pay a little more for a better delivery service, but to me you need expert advice.
 
but they are legally entiteled to continue persuing the debt untill told otherwise. ive been thourgh this over the last couple of week and had legal advice on it. the only way to stop them is by paying or when orange eventually tell them. and they can take goods but it it dificult if there not a home owner. but the person who owns the house would have the prove that every bit of stuff inside belongs to them and not the son/daughter
 
Last edited:
Part of the objective of sending something recorded is to make sure you have communicated with them and that you have proof of it.

It means that if they try and progress further you can demonstrate that *you* have tried to remedy the situation.

You can then make a case (in England at least) that it has become harassment if they continue to communicate with you after that point.


You are correct & that is the reason we wrote, even quoting harassment in both letters. As I've said, Orange have not even replied & the other mob now see us a challenge and have upped their game. :)

Russ
 
I would email the CEO email address and explain the situation. If you sent back the phone recorded delivery, Royal Mail should have a record that it was definately delivered.

CEO has been e-mailed just now.
Royal Mail have confirmed the phone was delivered to Orange.

Russ
 
But it does work. I have seen it recently with both Orange and BT. It is just the modern eqeal of a letter to the CEO.
 
But it does work. I have seen it recently with both Orange and BT. It is just the modern eqeal of a letter to the CEO.
I TOTALLY accept it might work but if the other side denies receiving it then what legal proof do you have that they did?
 

Users who are viewing this thread

Back
Top Bottom