Fantasy charge-Orange

[Welsh_Minxy]

I had a mobile phone with Orange in 2003. I cancelled the contract in 2005 and settled the account. June 13th this year I received a letter from Cope's Solicitors claiming I owed £232 on the phone! As it was years ago and settled I was stupid enough not to keep any of the paperwork-how am I supposed to prove this?!! I have had no correspondence in 3 years-can they do this????

[MARTIN3030]

Will move your post to the phones forum-although I know it has debt questions-there will no doubt be someone there who can advise you on this.

Bear in mind-its their duty to prove that you DO owe this.
Have a read through the debt forums anyway-you may have a case to also challenge this using OFT debt collection guidelines.

[buzby]

After three years you're not expected to keep your files, but can you remember how you concluded your contract, did they acknowledge it and did you receive your final bill and you paid it? Finally, I'm assuming you completed any minimum term required under the original contract?

They can chase you for up to 6 years for debt, but if you genuinely feel there is no debt, write and say so rejecting it outright. Let them provide the evidence.

[Welsh_Minxy]

Thanks very much for these. I'm trawling through statements at the moment, I can't understand how they can expect me to pay this after no correspondence even from Orange before 13th June. I'll try and find out some sort of information, hopefully I might find a statement in an old box somewhere. I have written asking for proof of it, as every time I ring I'm fobbed-off with 'we don't have any info on this debt'. Surely someone somewhere must hold some sort of record??!!

[buzby]

There is a joint responsibility, however their have to be held to a higher degree of accountability, so it is not OK for them to state that you owe them money, then not have the ability to show how it was incurred. Faced with this scenario, their only course of action would be to write it off, as court recovery would be out of the question.

If they refuse or are unable to provide proof positive of how the alleged debt was comprised, then you are under no obligation to agree to their request for payment. I's respond in writing in the following manner; "Despite my request for a full breakdown of costs that you say are owed, you have been unable to supply this in substantiation of your claim. I must therefore advise you that in view of the number of years you say this debt has remained outstanding I have been unable to find any documentation concerning this account, which was closed years ago. In view of this, your claim for payment is rejected, and I herewith advise you that this alleged debt is denied."