DLC - Orange phone bill

[scottfrazer]

Hi

I have been handed over to the DLC debt collectors, and I owe around 180 pounds to Orange - I dont have the funds to pay off this debt in full, and can only pay off in installments - but I have tried to negotiate with the lady on the phone, and she wouldnt budge regarding this. What can I do?

[kennyparkroad]

think your better posting this in the other forum as mobile phone bills are not subject to the consumer credit act, so CCA'ing them would do you no good.

i dont know how to progress to be honest.

i would simply write to them inclosing an income/expenditure sheet showing what you can afford to pay and put in something like

"as you can see i can only afford x per month, im afriad that if this is unsuitable i would recommend taking the matter to court, however please note, it is unlikely that any judge would force me to pay more than i can afford."

other than that, i dont really know

sorry

Kenny

[mysticegg]

Don't worry too much, we're in the same boat with DLC for about £600. The first call from them was threatening legal advice. I told them I could pay £30 per month until the debt was cleared and they refused.
Then I got another call a few days later and the chap I spoke to said that would be OK for 3 months, and then a review. The bloke asked me to send an income/expenditure form, and they were happy with that.

Have a quick look through my past posts. Chin up

[scottfrazer]

Just got of the phone to these guys.........

I spoke to the same girl as I did yesterday, and she was a right dragon - I offered to make a payment to half the bill in 2 weeks, and to make a payment of 10pound today - and she said that was simply not good enough and it has to be paid in full on the 11th of may. Otherwise it will be passed on to legal, and they will add more fees etc to whats outstanding. She was damm right nasty with me, and saying its not her fault that I got into the debt, and was being ever so rude on the phone.

What now? am quite worried by this as I can only afford to pay half, and she said that its not acceptable, so I argued that she is refusing to take a payment of me for that ammount - and she said yes........so I just hung up on them

[make them aktiv runners]

DO NOT SPEAK TO THEM AT ALL - WRITTEN COMMUNICATION ONLY

Before doing the following check other mobile phone threads in the General Debt forum to see if there is any way of not needing to acknowledge the debt.

Send them a letter stating what you are able to pay (do not do income & expenditure form at present as it is none of their business, besides they have not asked so do not unnecessarily volunteer).

Ask for Orange's bank details and a reference number so that you can set up a standing order (not direct debit as they could change the amount and claim you agreed). They may tell you that they have bought the debt from Orange in which case tell them you want documentary proof.

Refer to the phone call and their refusal to accept your offered payment (DCA's often do not bother answering letters individually, you get a standad letter back, therefore their inability to deny what you have stated puts them in a bad light in court). In any case never pay over the phone anyway as you are giving them your full card details.

Tell them that under no circumstances must they phone you, written correspondence only and any breach of your instructions will result in them being reported to the relevant agencies for harrassment.

Create a new signature just for them. They do not need the one you use for your bank.

Send by special delivery as you get full proof of delivery every time via post office website.

Keep copies of everything.

If they do phone, do not answer security questions, just put phone down. Keep a log of all calls.

In the unlikely event that they take you to court at least you have proof that you have taken reasonable steps to sort it. They are more likely to get costs to pay and the judge is unlikely to rule a higher payment than you have offerred.

[mysticegg]

Don't forget that by hassling you over the phone and by trying to coherse you to pay more than you can afford, they are acting illegally against OFT rules. They should be reported for that alone.

In my experience of DLC, the first phone call is nothing to worry about - they try and intimidate the money out of you (illegally) and threaten to pass you to legal. This is exactly what happened to me. My account was passed to the 'Litigation/Legal Department' which is probably the desk next to the woman.
When I got a call from them, I was able to make an arrangement to pay. Just explain your circumstances.

Don't worry unneccesarily, everything will be OK.

[angel555]

about the legal action, in another forum on here (which i cant find!) someone said that the time limit for legal action is 12+2+30... what does this mean? i also remember it saying that fater this time the debt in uneforcable and in which case they will have to take the debt to court to re-enforce it which will cost them too much... is this true?? please help on this