Sharpmans Sprog v DLC / Orange Personal Comms

[SharpmanTF1]

Ok,

 

My eldest sprogg has fallen into the debt trap. she's split from her b/f and has left her to pick up the pieces.

 

She recieved the following from a company called Direct Legal & Collections

 

 

A week later she recieved the following:

 

 

In the Balance outstanding figure there was an astronomical amount of £1003.59

 

She swears that the account did not get that high. I told her to ring Orange who informs her that the outstanding balance is only £357.48

 

It appears that these jokers have added an extortionate amount to the balance.

 

As this is a Mobile phone contract what options are there open to me to obtain a correct statement of account. i know I can't CCA them as it doesn't fall within that criteria.

 

Any advice welcome.

 

Sharpman on behalf of his sprogg

[42man]

You could send SAR's to them both....it costs £10 for each but at least you will know exactly where you stand !!!....re charges....

 

As for the doorstep visit....if you need to send them this....(by recorded)

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[maroondevo52]

Hi, Sharpman.

 

I'd send them a SAR, see what the score is.

 

Under the Data Protection Act you are entitled to having all information held about you supplied under a S.A.R - (Subject Access Request) - a Subject Access Request. This requires the network to provide a copy of everything the network has on its files about you, from your dealings with customer services to copies of all the bills ever issued to you.

 

Once you have the S.A.R - (Subject Access Request) information (which can often run to hundreds of A4 sheets), containing a 'screen grab' of your account data taken from their computer files. You can use this to identify any anomalies in your account, or unfair charges. You can also refer to this data as the reason of your complaint and ask for the fees/costs to be refunded. If they do not, the SAR document then becomes irrefutable evidence in any court action (as it was provided by the defender). If the company charges you a fee for the SAR, add the cost of this to your claim also.

 

 

Regards.

 

Scott.

[SharpmanTF1]

Looking at the letters they are from the same company.

 

Letter two is £1.00 less than the first letter so goes to prove that the £1.00

sent with the i&e sheet as payment in pro rata for the account. As they

have used this to reduce the account would they in fact have accepted

the offer. They have not replied to the letter in any way. When I started this

for her it was with a company called Credit solutions Limited. so after the

Pro rata and I&E sheet were sent they passed it over to these ppl. Anyone

know if credit solutions limited and Direct legal collections are connected in any way ?

 

Sharpman on behalf of sprogg

Edited September 27, 2008 by SharpmanTF1
spelling

[SharpmanTF1]

Update

 

Must be a record somewhere sent S.A.R - (Subject Access Request) off 30th sept, recieved details back 06th October.

 

1x Statement with 1 entry on it. theres no information relating to how they get to the starting figure of £1003.59 when the account leaving orange about a third of that.

1 x sheet of operator notepad

Screen print of address details.

 

Needless to say I sent a replay along the lines of .... you have bills but isn't my responsability to donate to them. and requesting further details.

 

sharpman