Mobile Phone Outstanding Debt - Please Help!

[gmbunn]

Hi folks,

About a year back my finances changed and I could no longer afford my contract mobile, and eventually fell a few months behind. Understandably they cut my service off and demanded the outstanding balance. Then when i couldnt afford it they handed it to Moorecroft Debt Collections, who i've been paying a set figure monthly. At last month the balance stood at £227.

A few weeks ago i received a letter from DLC collections demanding £468 for the same debt! I phoned up and was told by them that orange had taken the debt back and placed it with them, and in doing so had over doubled the debt! these are apparantly extra charges for ending the agreement early! I challenged this and i was told orange recently changed its terms and conditions and im still liable for any changes as im still an orange customer.

Can this be correct and fair?? Surely my agreement would have terminated when i was cut off and transfered to a collection agency? I would have also thought any cancellation charges would have been added around a year back when it went to the first collection agency?

Can anybody advise me on this and im feeling really lost?

Thanks v much

Gary

[Silky444]

Im the same, i have 4 contracts (2 o2 and 2 orange) - Don't ask! lol,

All of them have been handed over to moorcroft. i told them down the phone i can't afford it and for them to stop ringing, believe it or not it's been 3 weeks since i last heard from them!...

^^ but when i do get a job i have every intention of paying,

BUT, i refuse to pay for a service that isn't available.

[mr.ton]

I always recommend going down the "cry poverty" road everytime with any DCA.
A prime example is this:
If your monthly wage is £1000 - if you can show were £999 of that goes (bills/clothes/food/travel etc...) then your left with £1 left over, which you are legally entitled to pay off any debt if it goes as far as the county court room
You may exaggerate your outgoings..but only you are to know that.

[Hopeful1]

DLC had an Orange mobile debt of mine. I actually sent DLC a CCA request - now this is not relevant to mobiles, but i sent it to see how they responded. Also, part of the request is for a statement of account which you are entitled to for free anyway.

In the meantime i began to pay £10 per week directly to Orange using my bank's online services. I did not negotiate this with anyone i just paid it and made sure i kept it up every week.

DLC did not respond to the CCA letter at all, so i wrote to Orange requesting a statement of account. I said i was reluctant to deal with DLC as they had ignored my request for a statement of account but expected me to pay them money.

Orange sent the requested statement. I continued with my payments and heard no more from DLC.

My debt is now cleared in full without any hassle from anyone (just got a million other debts to go!!)

[gmbunn]

Does anybody know if a contract IS terminated when it is transferred to a Debt Collection Company?

Thanks

[Hopeful1]

I should imagine it is because you would have broken the contractual terms by not making payments as agreed. I have known some companies offer people new contracts once the debt is paid - i expect this depends on how much the debt was though.

[car2403]

Originally Posted by mr.ton

I always recommend going down the "cry poverty" road everytime with any DCA.
A prime example is this:
If your monthly wage is £1000 - if you can show were £999 of that goes (bills/clothes/food/travel etc...) then your left with £1 left over, which you are legally entitled to pay off any debt if it goes as far as the county court room
You may exaggerate your outgoings..but only you are to know that.

With respect, this post is completely irresponsible and (IMHO) I think CAG will distance itself from these comments. (I don't represent CAG, but I will distance MYSELF from them anyway!)

This is probably the reason why these DCA's try so hard, pestering non-payers into paying when they can't afford it, as they have a process for handling such situations.

Without proof of your income/expense, no Judge is going to take your word for it! I know this from experience after representing a friend in Court during a dispute with an employer, where they had ACTUAL proof of their income/expense - but the Judge still ordered them to pay £25 per month despite the offer of £5 per month! The Judge said "all these other creditors (who were all DCA's, incidentally!) can take a step back - once I've given you a CCJ, that becomes a priority debt over these, so you will pay £25 per month regardless or I will see you back at Court to explain why you haven't"

Follow this advice at your peril...