Did you ever get the itemised invoices from O2, including the one with the re-connection charge?

Attempting to collect this might prove a challenge. Although there will be something in your contract about paying for the contract if it is terminated, they are charging you for something that they did not supply.

If they know that they are going to pursue for the contract charges anyway, what is their reason for preventing you from getting the benefit from something that they are determined to make you pay for?

further updates

 

I have just received a phone call from the area manager , she has said that the company procedure is completely lawful and they have the right to search anyone they believe may have committed a crime whether they have seen it or not on there premises. They have offered me a bottle of wine and a bunch of flowers as a apology - I said I have no use for a cheap bottle of wine nor any half dead flowers , she said that was all they could offer as she felt they had done nothing wrong and it was a jesture to clear the air - she said they would not apologise publicly as the member of staff was following company procedure (I did say she clearly couldn't of been as in the letter received said she had to be retrained)she also said I didn't need a apology as I had cleared my own name by not letting the member of staff search me and not commiting a crime (even though I was publicly branded a thief and a shoplifter). It was left that she was going back to speak to her boss and was going to call me back tomorrow (she has promised to call me before but never does when she promised to - so maybe this time she might)

They publicly and loudly proclaimed that you are a thief but have not done anything to resolve that. You have not cleared your name to anyone who saw the incident. Your reputation might still be being damaged further by someone who witnessed the incident who did not realise that you were refusing to let them search your belongings because you were innocent by pointing you out to one of their friends.

I disagree that their company policy that they have the right to search anyone is lawful except for employees who have agreed to it in advance.

There might be a use for their cheap bottle of wine, but that depends on how polite you are

Have they provided you with the IMEI of the phone that they say that you returned? If so ask orange about the ownership of the phone with the imei that you returned and about the imei that they say that you returned

I would try suggesting to them that the error was made by the courier or themselves and they are to provide a suitable explanation of how that is not possible.

The manufacturer might have some information regarding ownership. They probably won't supply actual data but they might confirm that it was registered to a third party ... (or even that the imei does not exist for that type of phone)

All of this (apart from where the OP went back into the store to complain) took place in the car park ...

I think that this is really about promises made at the time of sale that haven't materialised and probably nothing that can be done to remedy unless there is some written proof of what was said

One month to accuse you of the swap is too long.

Do you have the imei of the phone that you had and also the one that orange say that they received? (although there isn't much that can be done except to challenge Orange to show that you previously owned that phone and not some-one else - they might be able to discover for themselves that they made an error)

Perhaps Orange are doing this to another customer having mixed phones up (either themselves or the courier)

Have EE explained how the charges got added to your account? If you didn't use your phone then why did EE do this?

And how are they not liable if they add items to your bill that they are prepared to refund after admitting that they made errors?

I would respond that you won't press for judgement for 30 days PROVIDED THAT THEY EXPLAIN HOW THE CHARGES WERE ADDED TO YOUR ACCOUNT IN THE FIRST PLACE but if the cheque has not cleared by xxxx then you will do

I bet LTSB want to be called Lloyds or TSB now.

Ask them why it's ok for them to change their name but not for your partner.

Start paying by cheque made out to LTSB and ask them why they are being paid to a bank called Lloyds that you have no contract with since the account was opened with LTSB and you have not received a letter of assignment.

Obviously a time-waste but at least it might make your point

There is also sale of goods & services act that might be of use

Clearly mobile companies use the contract to recoup the cost of the phone. That is obvious when you compare the cost of the contract with a sim-only deal or a provider such as giff-gaff who offer an "all you can eat" sim-only menu for £10 per month.

The mobile companies say that the phone is free but then want the phone back to let you out of the contract early.

Using the "contract" including the "free" or discounted phone is their way round having to create a credit contract with you for the cost of the phone separately from the cost of calls.

The companies will be getting a good deal on the price of the phones too and are either passing on phones cheaply or taking the profit on the sale of phones spread over the contract period.

You paid £30 for the phone and are a quarter of the way through paying for it. It will have a resale value. (They might even offer contracts using recon iphones).

I don't think that Orange will be losing much, if anything, on their kind offer.

However, it is up to you to

1. take their offer
   
2. Stay with the contract
   
3. negotiate
   

Despite their claims, they won't take you to court for civil recovery. Sainsburys wouldn't want to see a court case booted out of court like the last retailer to try it.

Orange gave you the information and have to take responsibility for it even if it is wrong.

This is covered by the distance sales regulations. They didn't deliver within the time they specified, you cancelled, they have to refund money within 14 days, so their rep was correct.

Call AND write outlining your issue. Tell them what you want: ie a refund and payment of bank charges incurred because they didn't refund when they said that they would. On the phone you can tell them that it would be a pity to have to sue them for such a small amount because the court charges will almost double what they have to pay. Tell them that with current payment methods they can put the money into your bank account today

There are several issues here

First, how much are they claiming, what is it for, is it correct and have you received itemised invoices for all charges? If there are any disconnection charges or remainder of contract charges, these can be challenged. If you don't have itemised bills for everything or can no longer access them then write to 3 asking for them. Start off by saying that you have had demands for payments for a 3 account that you dispute.

Second, who owns the debt. If Lowell & 3 have both written to you saying then the account has been assigned, then it probably has. If both letters were in one envelope then you might be sceptical about the authenticity of the documents. If they were sent by anything less than 1st class post then they might not have been served properly. DCAs frequently send out the letter of assignment "on behalf of the OC" but I think that stinks.

Third, how much should you be paying and who to? If you agree with the bills then write to 3 saying that you are on benefits and can only afford £1 per month. Don't send an I&E form. That is all that you can afford. If the debt has been sold to Lowell then 3 will pass it on.

Distance sales regulations supersede any T&C that they have.

You had to use the phone to discover that their phone/network are not fit for purpose.

Stick to your guns, tell them that you require to return the goods due to them being unsatisfactory. Make sure that you keep within the time limits (28 days?)

l did not receive any letter stating that they have sold my account ,

l received lots of letters stating they need the money paid and obviously l ignored them because l thought l was being played, then received a letter from fredrickson saying they represent Lowell and they would like the money paid they will instruct bryan carter to take me to court

it wasn't bryan carter who wrote the letter it was fredrickson they said they were representing Lowell,

when l talked to o2 they said l dispute with them the charges but paying l pay Lowell that's when l stated wondering why am l paying Lowell instead of o2 l never paid my bill and asked them to cancel my contract then 4months after they did and sent me a bill up to then and including cancellation fee

for me l know l owe about half of that with cancellation fee

 

o2 says l dispute with them but pay Lowell

my bill was for two months but lm charged for more, lm even charged internet that l never went over the limit no one sent me my bill even when l wanted it ,

please ask me what you want to know as lm not sure what else you would want to know thanx

You should write to Lowell & O2 saying that you have not received any letters of assignment despite O2 saying that they have sold the account

You should also state that you dispute the amount claimed and that you require fully itemised bills for the amount that they are claiming

the mobile phone companies do charge full Early termination fee in the event it's cancelled.

 

How can it be just £50 unless I'm missing the point.

Mobile companies do try to charge for services not provided if you want to terminate the contract early.

Generally they don't invoice for that amount, just give an outstanding amount instead!

Push O2 for a fully itemised bill for anything that you haven't had an invoice for.

Just deal with O2 unless the outstanding amount has been sold

 

I asked for the dates and times that I originally contacted them along with any notes on the account. I was informed that because the account was opened fraudulently I am unable to get this information.

 

Is this correct?

 

Do you feel it's now time to write the letter to the CEO?

 

They should be able to give you information about when YOU contacted them. Sounds like an excuse.

Are they trying to suggest that the DPA won't allow them to provide further information? That would be a joke.

Try the CEO if you don't get anywhere

Moorcoft, obviously to protect their door stepper stated that they sent him out to collect cash but were told too late that the debt had been passed to Advantis so with the initial letter from Advantis I assumed that it was them who sent him as they also gave me a load of c**p that they could sent anyone at any time and I could do nothing about it..

I suspect that Moorcroft would only be thinking of protecting themselves and not the guy who called, who might not even be their employee.

No matter what, I think the advice to drop it was right - too much money for too little possible gain

The debt has been sold to Marlin Europe ll Ltd (the debt purchaser) which has appointed Marlin Financial (debt collection arm of Marlin) to manage the account and collect payments so the assignment is absolute.

Thanks for that

I was also a bit confused by the LTSB letter stating that Malin Europe was now the data controller.

r I thought that LTSB would remain the data controller for the data hat they hold

I can't see that I would get all of the LTSB data by sending a SAR to Marlin ...

I think that this is an absolute assignment but I'm not sure. The letters use different terminology. I have asked ... but they haven't responded to that particular question

Lloyds TSB

 

STRICTLY PRIVATE AND CONFIDENTIAL

 

Reference: Current Account Account No. xxxxxxxxxx

 

We are writing to notify you that Lloyds TSB Bank plc has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Marlin Europe ll Limited, effective xxxxxxxxxxx.

 

The total balance sold was £xxxxx, as at the date of sale, xx October 2012. Any payments made towards your account after the xxxxxxxx will be forwarded to Mariin Europe it Limited, and wiii be deducted from the baiance shown above.

 

Under the terms of this assignment, and as defined in the Data Protection Act 1998, Marlin Europe ll Limited is now the Data Controller of your Personal Data contained in the records of this account.

 

Marlin Financial Services Limited has been appointed by Marlin Europe II Limited to manage your account and it is essential that all future payments and correspondence regarding this account be directed to Marlin Financial Services at:

 

Marlin House, 16-22 Grafton Road, Worthing, West Sussex BNH 1QP

Telephone: 0333 123 9999 Email: [email protected]

 

You should contact Marlin Financial Services to organise payment on this account as a matter of urgency on 0333 123 9999.

 

Yours sincerely

 

Xxxxxx Xxxxxxx

 

Lloyds TSB Banking Group

Marlin Europe II

 

Marlin Reference: - xxxxxx

 

Dear Sir/ Madam,

 

Original creditor: Lloyds TSB Bank Plc

Original account number: xxxxxxxxxxxxxx

New creditor: Marlin Europe ll Limited

New account number: xxxxxx

Balance: £xxxxxxxx

 

This letter is notification that we, Marlin Europe II Limited have had assigned to us all right, title, interest and benefit in the debts due in relation to the above account, previously owed to Lloyds TSB Bank Plc. this means that we are new entitled to all sums owed under the account and the benefit of any actions taken by or on behalf of Lloyds TSB Bank Plc prior to the assignment.

 

We have appointed Marlin Financial Services Limited (“Marlin”) as our managing agent of your account. You need to give Marlin a call to discuss your circumstances and agree how your account will be paid. You Will be able to make payment by instalments of amounts that you can reasonably afford.

 

It is important that Marlin speaks with you, on our behalf, so please contact them on 0333 123 9999 in the next 5 days. Their opening hours are 8am to 8pm Monday to Friday and 9am to1pm on Saturdays.

 

Yours faithfully

 

Marlin Europe II Limited

 

Important information about the use of data relating to you is stated overleaf

 

Data Protection Act 1998

 

Marlin Europe ll Limited is now a data controller of your personal data contained in the records of your account. Your personal data will be used for the purposes of collecting the outstanding balance from you, which may include your personal data being supplied to third parties. It may also be combined with other data relating to you and which may be obtained from third parties, where that is deemed necessary for verifying the accuracy of data relating to you or if the data will be used to assist with collecting the outstanding balance.

 

Credit reporting

 

Your account will continue to be reported to certain credit reference agencies. Marlin Europe II Limited has asked Marlin Financial Services Limited to report details of your outstanding account to the credit reference agencies on its behalf. The credit report entries will therefore show the name of Marlin Financial Services Limited against your account.

If BC can find your address for a claim form then Lowell could have found his address and written to him before doing this.

Given the lack of other communication, maybe this will go away if it's responded to within the time allowed saying that it will be defended in full and then a defense entered. I think that no previous communications & abuse of process is a good start. They were probably hoping to get judgement by default

Did you get an actual bill from O2 for the amount in question.

Some providers just provide the DCA with an amount instead

- which shows that they don't want to put any of this into writing.

My son's attitude with Orange was to request an itemised bill for everything.

Nothing was forthcoming and they eventually (begrudgingly) settled for the amount of calls & service actually provided.

I dealt with Orange, they said that we had to talk to the DCA but I declined to do so ...

To involve a DCA so quickly shows that they realise that they have ****ed up and really don't want to talk to you. Keep off the phone, complain in writing, tell them what has happened and what they need to do to sort it out.

They have cut you off, they have taken money that they weren't entitled to from your bank and then left it to you to get the money back rather than resolve the situation themselves which would presumably have prevented the recurrence.

Check your credit files - most likely they will be updating them incorrectly

Did they cut off the other phone correctly?

Any compensation should be to compensate for losses as well as a gesture of goodwill.

Write asking them to confirm the current state of the account(s) and what compensation they will be making for their incompetence, lack of service and trouble that this has caused you.

Did you have to pay any bank charges as a result of their pocketing £300 of your money?

You should have received letters of assignment from Lowell as well as O2 if the account has been sold to them .Ask O2 for confirmation of that.

If Lowell have bought the account it would be them who instructed BC, not Fred. This sounds more like instruction as DCA rather than debt sale

You should definitely dispute the bill with O2, but give us more details so that we can help