Demand Received from UK Debt & Legal Services

[Dr P Wigwam]

Hi guys, I hope you can help me.

 

On friday I recieved a random letter from the above company demanding I repay an amount that they say I owe to Orange. I did have an Orange mobile phone in the past, but ended the contract a few years ago. I know I paid off the final balance because I wanted to keep my phone number, and I had to pay the final amount to get them to do this.

 

The letter goes like this:

 

Dear XXXX

 

Debt Owed to Arrow LLC via assignment from ORANGEDS account number xxxxxxxx

 

Outstanding Balance: £xxx.xx

 

I am writing to advise you that UK +Debt and Legal Services has been instructed by our client, Arrow Global to arrange for a Representative to visit you unless you have paid your debt within the next 10 days.

 

You should be aware that if you fail to make payment to us and/or afree terms with the Representative, we hold instructions to pass the matter to the Arrow Global Legal Department. At that stage your debt will be fast tracked to county court proceedings against you.

 

If a county court judgement is obtained against you (we do not believeyou have a legitimate defense to the claim), enforcement will be persued and may include:

 

It then goes on to describe 'warrant of execution', high court enforcement officer', charging order', attachment of earnings order', 'third party order', 'examination of debtor', 'insolvency act 1986' and 'small debts'.

 

in a big box it then states:

 

ALTHOUGH TIME IS RUNNING OUT YOU STILL HAVE AN OPPORTUNITY TO DEAL WITH THE DEBT AND MAKE ARRANGEMENTS TO PAY. COURT PROCEEDINGS WILL NOT BE ISSUED FOR AT LEAST 28 DAYS.

 

CALL NOW ON 0800 096 0188

 

That's about it.

 

I did get a vist from a lady one morning when I was half asleep. I opened the door and she asked me if I could confirm my name. Sleepily I did, as I thought she was delivering something. Then she just thanked me and left.

 

It all seems very strange.

 

From reading the forum I've prepared this letter to send them, as I feel its a good place to start, but any advice would be most welcome.

 

xxx

xxx

xxx

xxx

January 31st 2009

 

UK Debt and Legal Services

PO Box 751

Cobalt Business Park

Newcastle upon Tyne

NE27 9BF

Ref: xxx

Account No: xxx

Dear Mr. Clarke

 

Re: Account Number xxx

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

xxx

[rameses_qc]

"fast tracked to County Court action" How to they propose to do that, then?

[ohoh4312]

I don't think, in fact I am sure that you can't send a CCA for a mobile contract as it is not covered by the act.

 

I think you ought to start with the "prove it" letter first.

 

Hold fire and I will be back.

[ohoh4312]

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[Dr P Wigwam]

That's great, ohoh4312.

 

I'll get that sent off tomorrow and let you know of any outcome

[palomino]

Mobile phone accounts are not credit in any shape or form. They are not subject to the Consumer Credit Act and any request made under the provisions of that Act are meaningless.

[Dr P Wigwam]

i wont argue with you, but why do you have to be credit checked before you can get a contract phone, if they are not a credit agreement?

[palomino]

To ensure you are 'creditworthy' and therefore likely to pay your bills.

 

When you run up a mobile phone bill (or for that matter and electricity or gas bill) you must repay the amount of the bill. You cannot add to your bill things like cash or expenditure on something else.

You can pay for your groceries at the supermarket with a credit card but you can't pay by adding the payment to your utility bill. In this context the utility company is not supplying credit.