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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Cancelling mobile phone contracts early....?


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I have a feeling this will have come up before, but nothing came up in my search and if you don't ask, you don't get, right!?

 

I have heard a little rumour that if your service provider send a text informing of new T&C's, and if you DON'T use it after this message, you can write and cancel your contract early?

 

Is this true? Are there any other ways of cutting short a contract? I am 5 months into a 18 month contract and I really want rid :(

 

I am on Orange Dolphin which I arranged through a website, so I don't even get the unlimited free texts. Reception is poor, the phone is poor and I can't afford the bills, so I want rid!

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Some observations - the contract conditions you sign up to will usually prevail for the duration of your minimum contract term, any subsequent changes being automatically applied on the 13th or 18th month (as appropriate). If the changes are to be applied immediately, then you will have an opportubity to decline them, but you have to do something positive to opt out, you cannot simply cease using the service and expect that to suffice. Sorry.

 

Being sent a 'text message' of changes to the contract is immaterial because there is no guarantee that the phone user is actually the contract holder, so material changes must be served in writing, not as a text (although both is acceptable).

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Thanks for your reply. I understand that many service providers simply made their routine T&C changes on their respective websites, which Ofcom (I think) said this wasn't enough to inform consumers, in which they set a ruling meaning the SP had to directly inform the owner of the handset with a call or text. Is this correct, do you know?

 

I meant that once this text informing of new T&C's came through, one could stop using the services (as continuation would act as acknowledgement and acceptance of the new T&C's) and then write to the SP stating reasons why you don't accept them and request termination. Hope that makes sense!?

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I know what you mean, but OFCOM were outlawing material changes by text (a 'call' was never permissible). The contract would be the one you signed (or agreed to) that was in force on your acceptance until the primary period expired.

 

What you outline would be correct for Pre-Pay, but not for Contract (Post Pay) users.

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What information was contained in the text message? What changes have been made to your Ts &Cs?

Orange have been informing customers about changes to Ts & Cs on the bills for the past few months with the new terms coming into effect from 1st June. However these new terms do not constitute a large enough change to warrent termination, they are mainly saying that if you do want to buy out of your contract, they will no longer give you a discount, and that they may enforce a credit limit on your monthly spend.

I don't understand why you have taken on a contract that you cannot afford.

You will be able to drop to a lower tariff after 9 months.

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