I'm not 100% sure on the date this phone bill was racked up but it was either late 2012 or early to mid 2013.

It was my first mobile phone contract,

the terms of which were completely misrepresented to me,

and I was in a long distance relationship.

Ended up racking up like £1072 which orange then passed off to a debt collection agency.

That was the first I even heard of it.

As I was young at the time my mum said she would set up the minimum payement and I would pay her back.

Well fast forward to now,

i'm living with the girl I was in a relationship with and started getting letters from what i'm pretty sure is a different DCA about this same bill.

Initially I ignored them thinking it had already been paid till I received a pre-legal assessment in the post.

Messaged my mum and it turns out she never set up the minimum payment at all .

I'm worried that this has caught up with me especially as I thought it was all taken care of and I don't know what to do, or if the debt is statute barred, or if i'm going to just have to pay it off.

So yea, any advice on any steps I could take would be greatly appreciated.

Thanks.

Won't be statute barred, as that is 6 years ( 5 in Scotland) from date you did not make a contractural payment. So in your case not until 2018 or 2019.

Lowell are very likely to issue a court claim and might want to think about whether you are likely to defend it or have a problem with a CCJ on your record.

Check your credit record to see what is on there.

If there is reason for dispute e.g misrepresentation of contract terms, then you should have registered a complaint. It would help you, if you did send a written complaint letter to the phone company about the issues you had. Then once registered, write to Lowell advising that there is a dispute registered with Orange and you are still waiting for resolution.

Thanks for the speedy reply.

Initially I spoke to them (orange) over the phone and they told me "You signed the contract".

Which is fair enough as anything I say that their sales rep told me is hearsay.

Am I just gonna have to bite the bullet and find a way to pay this then?

There wouldn't be any other blemishes on my credit record as i've never had any issues with credit cards or the like, but I don't suppose that would help with regards to this?

Pre-legal assessment ...from Lowell ?

Why do you think Orange/EE are not chasing you or sending pre-legal assessment letters ?

Andy

I thought it was because companies like orange sell the debt to companies like lowell so they don't really have any motivation to recoup?

I've never really been in any trouble like this before so don't know much about anything.

Are you saying that lowell aren't going to do anything and this is just a scare tactic or am I misinterpreting?

I thought it was because companies like orange sell the debt to companies like lowell so they don't really have any motivation to recoup? Partially and its not simply financially viable to litigate.and the given fact that you have not signed any contract to instigate a cause of action

 

I've never really been in any trouble like this before so don't know much about anything. Are you saying that lowell aren't going to do **** and this is just a scare tactic or am I misinterpreting?

They may litigate...but first they test the water and see if you will jump without them having to go to the expense.....but if they do you put them to expense and see if they are still as enthusiastic to see the claim through and not discontinue as soon as you challenge.

On the letter it says court costs and solicitors fee's that would be added to my balance if I don't get in touch with them, is that just untrue scaremongering?

Sorry for all the questions, just a bit shook up I guess haha.

If you look on the CAG legal page, you will see loads of discontinued claims, because people have defended court claims issued.

This is a numbers game.

They issue thousands of court claims every month,

they get x% as default judgements and for those that are defended they don't have the time or commitment to pursue all of these.

Chances are that if you followed advice after receiving a court claim,

you might never get a CCJ. But no guarantee,

as you might be the unlucky one who ends up in court and hets a CCJ.

Of course Lowell can warn people of likely extra cost involved in issuing a court claim.

Some bedtime reading to get you up to speed.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

So would your opinion be that it'd be +EV to do nothing, wait for a court claim and then take it from there?

So would your opinion be that it'd be +EV to do nothing, wait for a court claim and then take it from there?

Its your choice...but you came here for information and advice not knowing how the system works...we deal with 1000s like claims from this DCA and know exactly their mantra ...make you feel even worse now......

Orange will have probably already wrote your debt off and claimed it against their tax losses and Lowell have most probably bought your debt in the region of £200 or heavily discounted

I'm sorry I didn't mean that in any kind of snarky way if thats how it came across. I know I know absolutely nothing about how this all works and the question about doing nothing being +EV was meant genuinely.

We didn't take it that way greywarden91...we have newbies everyday asking the same questions

Bedtime reading above...tomorrow you will be a whizz

Just one last question, is there a chance that by doing nothing I could end up oweing more than £1074 (the balance of the debt) if I get a CCJ. Like can they actually bill me for their solicitors fee's.

Yes should they actually issue a claim and actually attain judgment (CCJ ) they will add the court fee and Sol fee you have already referred to...it would be small claims track so costs are fixed.

just remember a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

was this account taken out the address you are currently living at?

or at an address you have or would know if others letters were sent to about this debt?

the only real thing you need to protect against is a backdoor CCJ

whereby [ as andy has indicated] they do issue a claimform

but because you don't get mail from there or know about it

then it would go right thru and they'd get a default judgement as you knew nowt about it.

just remember the letter you have is a phishing exercise to spoof a mug into contact and at worst paying them...

DONT!

The account wasn't taken out at the address I currently live at,

they've sent letters prior to this one to this address

(which I ignored as I thought it was complete rubbish or a clerical error).

do or could you get mail quickly from the take out address?