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Kikita

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  1. It's the same one as this topic which I believe you helped me in before - http://www.consumeractiongroup.co.uk/forum/showthread.php?403126-NCO-Europe-solicitor-and-an-old-orange-debt&p=4348309#post4348309 Didn't want to bump that one in case it was frowned upon. The DCA/Solicitors in question don't own the debt they are just collecting on behalf of the original creditor.
  2. I've often read about 75% off... as a full and final settlement, but never 25% I know if a DCA was offering 75% off the balance as a full & final settlement it would be extremely dodgy, and probably something wrong with the debt, but I've received an offer to pay 75% OF the balance, thus a 25% reduction. Was wondering if there was any possible genuine reason a DCA/Creditor would ever offer 25% off the balance? I'm thinking no, as they don't exist to make things easier for you but to collect every single penny they believe they are entitled to... but would like to hear your experienced thoughts?
  3. Thanks. Worst case scenario I dispute the balance and decline to pay anything except for the £19 I truly believe that I owe, and they file a CCJ.... If I dispute the balance but it turns out that a judge/court deem it perfectly reasonable for me to have to pay the "full balance" would I get punished further for challenging it in the first place? In other words do I have much to lose by challenging it and not paying (except the £19 I believe I owe and the amount it says on my credit report)
  4. Also I've had it confirmed that the debt has not been sold, Orange still hold the debt/account. The DCA and sols are just collecting on behalf of Orange Despite it going from Orange --- Moorcroft --- NCO Europe --- sols They also claimed that some of the balance *may* be due to the fact I had a "free" phone, via the contract. I think I will just concentrate on paying the £19, and worry about the rest later. My credit file can't get any worse, so I'm not overly concerned about a CCJ, although avoiding it would obviously be preferable. If I'm still on JSA then £1 p/m and If I hopefully find employment then I should be able to pay the £250 via a payment plan, over a period of a few months time ...as much as I'd like to avoid paying money for services I didn't receive
  5. Sorry can't scan and have no access to camera of a high enough quality but can type them out later? Orange confirmed to me that the £19 is "air-time balance" and the rest of the £250 "owed" is the remainder of the contract. I asked if it was enforceable as I didn't use the contract for number of months due to disconnection (for non-payment) and she said yes it is enforceable in court as I signed a contract for 24 months. She has a point? Searching around I guess it must be. http://uk.answers.yahoo.com/question/index?qid=20120306131307AAYlUsy Sucks that I have to pay for non-used contract, but I did sign the contract so I don't have a leg to stand on?
  6. I am keen to pay what I owe, but no more. Paying the remainder of the contract I didn't use seems a tad unfair and I will dispute this, but worried I have no legal standing to use that as an excuse. Also concerned about the solicitor's letters (x2) letter before action, and letter before county court judgement warnings, they seem legit. Debating whether to send for a Subject Access Request.
  7. Thanks, but I'm sure it's definitely more than £19 I owe, AND they could make me pay the remainder of the contract off in full? Why wouldn't they confirm/deny if they had sold the debt though? Is this common, or did I just get a unhelpful operator?
  8. Orange would not confirm or deny anything. I asked the woman on the phone, I know it's been passed to a DCA but can you confirm the balance I owe? She said £19. I said "what, £19 and then that would clear the balance". She said "yes that is correct". I said it's because the DCA (solicitors) are saying I owe £250. She then went all weird on me. Saying "oh there is a error on your file" trying to say that £19 must be wrong. She wouldn't even confirm the DCA I'm dealing with even though I told her. I asked her to confirm if the debt has been sold to the DCA or if they are collection on behalf of Orange. She would not say. Just kept saying "sir you'll have to deal with the DCA" to try and resolve this. Very strange. But I'm also 99% sure I owe more than £19. I'd guess I actually owe between 70-80 odd. (the rough amount before they disconnected me) and I've made some small token payments too. So maybe closer to 70 now. The rest of the balance must be the remainder of the contract. (that I didn't use) I guess this is enforceable, and you can't just argue "well I didn't recieve any minutes/texts for 12 months as I was disconnected and that would be paying for nothing" ?
  9. Yes. It says Communications Supplier from Everythingeverywhere T/a Orange (I) Date Updated: 25/03/2013 The £64+£19 rings a bell, but am I not liable to "pay off" the contract in full? I haven't contacted Orange for a long time, but the last time I did they just said your account has been handed over to a DCA and I would have to deal with them. This was when Moorcroft had it though, and it's since been passed to NCO Europe then their solicitors, so very much doubtful Orange would talk to me now?
  10. I thought that at first, that I was "paying for nothing" as I hadn't used the 12 months of contract I had left, but couldn't they argue that I had a "free" phone off them via the contract, albeit a crappy one not worth much. And would I not be liable to pay for the 12 months of contract I hadn't used, as I signed up for a 24 month contract? And I've managed to get on Equifax and although there isn't much detail (not sure if this is the norm?) under the Orange account it says; Current Balance: £19 Default / Delinquent Balance: £64 The £64 must be how I much I owed before they cut me off, and added the rest of the contract on to the balance?
  11. Summer 2011 when I started the Orange contract. It's just money I owe for the whole contract. They cut me off with about 12 months (at least) to go on the contract, and am just paying the contract off. I think I was behind/owed 2 months worth of payments on the contract, before they cut me off. Can't deal with Orange any more so kind of have to pay the DCA/Solicitors, right? No idea what my CRA file says about it as I have already had the free trials on Equifax & Experian and can never seem to get accepted on Noddle. I tried as recently as 2 weeks ago but it said my identify couldn't be verified?
  12. Yes, but but what is the alternative? If I just said "All I can afford is £1 p/m" and gave no further information, they would more than likely just apply a CCJ against me, right? They would have nothing to lose. Like I said it's at an advanced stage and I've had two letters recently. First one letter before action....then a letter before court action so I kind of have to. I'd rather give it to them than go through a CCJ. Original Mobile Phone Debt = Orange. Then it was Moorcroft, then NCO Europe, now It's in the hands of a solicitors who I presume are acting on behalf of NCO Europe Hi, yes it's Income Based JSA that I receive. £56.80 per week I believe. I live with parents though and I'm not legally responsible for any rent/mortage or council tax, or electricity/gas/water or stuff like that which is the important stuff (although I try and help out even with limited income on benefits) For all a DCA knows I could be receiving JSA and hardly pay anything out, but that is not the case.
  13. Thanks. Unfortunately for me it's at an advanced stage now and I'm not sure it falls directly under the jurisdiction of a creditor? Does that change things at all? Originally an Orange Debt, then Moorcroft had it, then NCO Europe and now it's in the hands of a solicitors who I presume are acting on behalf of NCO Europe. They can't have bought a £250 debt for much though?
  14. Yes, true. A concern I had was my I/E form not being solid enough and my creditor thinking if the offer is only £1 p/m we might aswell file a CCJ and try and get more in court, on the basis of my written I/E form as their evidence. I gather it is not rare at all for debts with a balance of £250 to have a CCJ applied to it? What is the lowest balance you guys have seen or know of go to court?
  15. Excellent, thank you. The debt is for a mobile phone contract which I am liable for and have no qualms about the amount, I was just foolish and adopted the "ignore and hope it goes away" mentality which is stupid I know. I know DCAs have no legal right to the info only a judge, but it has got quite far now and have had a letter before court action through my door and I would prefer to give them the info, rather than risk a CCJ if I can help it. I also have other creditors but I am ok with them as I negotiated a £1 p/m plan at least until my circumstances change. Do DCAs and/or a judge/court expect that 100% of a persons total disposable income should go towards a creditor? e.g If I'm offering £1 p/m and my I&E sheet shows that I have £20 'disposable income' (which is never the case on JSA) would they expect significantly more?
  16. Thank you. When you say 'telephone' I don't pay for the land-line, but could I put my mobile phone expenditure? Also something I didn't see in your post, how about Internet? Needed for job applications and stuff. Shower Gel, Toothpaste, Mouthwash etc - things I all pay for and if I didn't I wouldn't have them.... so it's essential but doesn't look it when compared to most of the stuff you listed.
  17. When providing a DCA with an I/E form, what sort of stuff is considered reasonable or necessary? As I'm currently on JSA but live with parents so I'm not a main bill payer for the main stuff, but I do pay my parents weekly with what I can afford and I pay for a lot of stuff for myself, food etc and hardly seem to have much left over. The balance of the debt is £250 and I've proposed £1 or £2 a month until my circumstances change but my I/E form seems to suggest I have lots of money left over when it's not the case in reality. And how much of your disposable income do they expect you to pay creditors with? not all of it surely? how about emergencies etc? just don't want to paint the wrong picture to the DCA and them thinking I can afford more than £1 or £2 when i would struggle to do so when it came down to it. Cheers
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