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Going Down

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  1. Just remembered this thread I have been living abroad and had many many many letters, doorstep visits and telephone conversations. We are at stalemate right now and the debt collection agencies know it as Orange are getting through one every six weeks Conversation normally goes along the line of: DCA "How do you intend to pay" Me "I have no intention of paying a penny" DCA "but you owe it" Me "no I don't because the handset was an inducement to enter a contract and the failure to provide a lasting and effective solution to a fault breaches the contract, therefore I
  2. Update: I've spoken to Consumer Direct and they have said the following: The handset and tariff are NOT separate under consumer law, the handset whether paid for or free was an inducement to enter into the contract and is therefore part of the deal. If a repair or replacement is not "lasting and effective" which 4 replacements in 14 days clearly is neither lasting or effective then I have the right to cancel the contract. It is not covered by the Sale Of Goods Act, it's actually covered by the Supply of Goods and Services Act 1982. I have been advised to write to them
  3. I've just found this on Norfolk Trading Standards website It seems Norfolk TS agree with me
  4. How are they? I am not in possession of a working handset. My understanding is that their responsibility under SOGA is not negated by them offering a different product, they have to provide the one I purchased. Where do I have 2 contracts? I have one that came with the phone and it specifically links the phone and tariff together. They may have separate terms and conditions, but they get trumped by consumer law. Yes I have a sim card, but as they have failed to provide a working handset, that sim card is of no use, therefore they are not meeting their obligations under the contract.
  5. I appreciate the replies. We've established that I do not have to take an alternative, so at what point do I have the right to refuse yet another replacement faulty handset? If I refuse to accept their alternative and they cannot provide the handset originally "purchased" and will not provide the alternative I want we are at a stalemate. This then leaves me with no working handset which leaves me unable to use the service the contract is for. I do still dispute the handset not being part of the contract. By contract I do not mean the tariff, this is part of the contract of
  6. There is no work around, it is a common fault. It's a LG KM900 which freezes, what's more I can't try to fix it myself as that would put me in breach of the terms. I contacted LG directly and they said it has to go back to Orange. As for it being a gift and not forming part of the contract, that seems to be in contradiction to my receipt which states Further more there is an entire section in the terms and conditions which quite clearly state that the phone is not owned by me until all payments due have been paid ie the monthly payments under the new tariff for 18 months.
  7. I have a handset on contract that I've had for 4 months, I had a replacement within a few days of getting it for a faulty battery/power but it also had another fault which I didn't mention. Fast forward a few weeks and the fault on the first handset has happened again, the provider did a diagnosis and agreed it was faulty and replaced with no issue. They also replaced the replacement 6 days after that with the same issue. At this point I was told that a 3rd consecutive handset with the same error would trigger an offer for an alternative handset. lo and behold 3 days later the problem hap
  8. Cheers guys, it's good to hear from people who've actually done this. Let me be clear though, my intention is not to avoid the debts altogether, I want to clear them at some point, but I can't just now. I'm borrowing money off family to get me abroad, but when there, the income prospects are staggering and I should be able to pay back every penny I owe in under a year, even without negotiating them down. In reality it will take me between 5 and 7 years in the UK even if I got back to a reasonable level of earnings. Of course as they've been adding more and more fees on and the debt has be
  9. I think I will further cover my arse, the notification of my change of address will be sent to them by someone else. I have a mate who is a solicitor, not in this field, but he'll send me a few letters confirming my change of address for a crate of guinness. That should help ensure a set aside when I get back if they've been silly enough to use the incorrect address. I'm sure the court will take a solicitors letter as good enough evidence. Either way it doesn't matter, I haven't got the cash to pay them now, they have already issued a default so my record is knackered anyway. I'll pa
  10. Hi, Thanks for your reply. According to the guidance on justice.gov.uk Claims which may not be issued through the Centre 2.3 The Centre will not issue any of the following types of claim – (7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales; My understanding of this is that if they have my new address abroad they must use this address on the papers and if they do, as it's outside England/Wales the court will refuse to issue. If they entered my old address and get one issued it's a simple matter of getting it
  11. Well my situation hasn't got any better but an opportunity has arisen to live and work out of the UK in fact out of Europe. A couple of my creditors have issued defaults but none as yet have gone to CCJ level in fact they've only recently passed the files to DCA's. I fully intend to pay my way, but have been unable to due to circumstances beyond my control and the level of harassment I've had from these financial institutions has made me quite militant. Now when I leave the country which will be December or early January am I right in thinking that they cannot get a CCJ issued a
  12. Hi Ang, I don't know to be honest I sent the account in dispute letter not that I think it matters with MBNA. I have had an email from them asking me to phone them, so I've replied saying No! I'm new to all this myself and to be honest I think the letter templates on here are great, but there doesn't seem to be much in the way of advice from people who have been through it or actually know what they are doing. I've posted in a few sections abotu ot her debts where I've had no replies ie Egg, Abbey Business, Cahoot and it's a bit dissapointing, I thought I'd try this rather than
  13. I had a letter from Power2contact a couple of weeks or so ago about my Skycard balance and they metioned about a doorstep visit. I immediately wrote to both power2contact and Skycard using the template refusing a doorstep visit yet today I had a visit, I wasn't in but I called the man on his mobile and informed him that I wouldn't be seeing him and that I'd already forbidden the visit. The man himself was very nice and didn't push in any way, but the fact that after telling them not to send someone, they did it anyway. What action can I now take against them I've put this in he
  14. Ok chaps I will need your help on this but before I begin does it matter that Egg have already terminated my account? In mid June they said it had been terminated and passed to a DCA who would be in touch within the next 10 days. I've heard nothing from them or a DCA since. I'm about to send off the CCA request letter, or would I be better waiting until they try to contact me again? cheers GD
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