what type of credit agreement?

[iwannabedebtfree]

can anyone advise me what kind of agreement people have with mobile phone companies?

i had a mobile on contract with both Orange and 3 mobile. I have been made aware that these agreements are not under the consumer credit act....so what do they come under if anything?

thanks

[alexifa]

Unfortunately these contracts are not governed by the CCA and are covered by general contract law. What, specifically, are you after?

[iwannabedebtfree]

alexifa

i just want proof that they have the contract and can enforce the debt. basically i defaulted on the contracts and the debt was referred to DCA's but i cannot use s.78 CCA as you have explained the mobile phone contracts do not come under CCA.

i want to send correspondence to the DCA's, who are chasing up the debt on behalf of Orange and 3, asking them to prove that i owe the debt, and that i have a contract that is enforceable.
thanks

[alexifa]

I have done exactly this with Orange. I sent a Subject Access Request and then a letter demanding that they either remove the credit data from my files and cease pursuing the debt or I would take them to court under the Data Protection Act for disclosing my information without permission. Orange have so far ignored everything I have sent.

I filed at court in December. They have acknowledged with intent to defend and have until 18th January to file a defense. I have never signed an agreement with Orange and don't think they will be able to defend this.

[iwannabedebtfree]

cheers for the info alexifa

hope the court action goes well.

[buzby]

On Orange, your contract of service is in the back section of your phone's instruction manual. The acceptance of the contract is taken on you making calls using the SIM provided. (It's that square black book, with the orange pint on the front). Your contract IS enforceable, but what are you trying to achieve, get out of a debt and not pay for services received/consumed?

[alexifa]

There is nothing in that generic contract about the length of time you are tied in for or the cost of the tariff. My own case is because I have never had any SIM or agreement from Orange and have no idea where the debt is from.

[buzby]

? What's that got to do with the OP's question and follow up? The question was what was the agreement type, this is published and supplied with the handset, but few ever open the book, never mind temember tthe T&Cs contained therein. Further, of course there would me no mention of costs as these continually change, as does the minimum term. However this has no relevance to the question asked.

[iwannabedebtfree]

Buzby thank you for your relpy, firstly no im not trying to get out of a debt, i want to ensure it is legally enforceable by a debt collection agency, and if it is i will pay it, if it is not as they do not have the correct paperwork etc then no i wont pay it until they do have the correct paperwork. i was aware that mobile contracts do not come under the CCA so i was trying to find out what legislation they do come under then i can take action to ensure that the debt collection agency is chasing me up correctly.

[buzby]

They come under Contract law - but surely the issue is with the mobile companyt, not the debt collection agency? Deal with the organ-grinder, not the monkey. Invariably there are other fees to pay if they become involved.

Send a S.A.R - (Subject Access Request) to the network (there may be a fee, but ask first). Use this to determine how much is owed plusr any reasonable charges for your non compliance. Then make payment to the original company. If the debt has been sold on, you are within your right to then ask the collection agency for the relevant paperwork, but unless or until this arises, I wouldn't deal with them. Simply reply once, stating the account is disputed and to refer the matter to their clients.