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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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2Grumpy

Orange PAYG Phone - they wanted me to sign my consumer rights away

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I need a new phone so, being on Orange I went to an Orange shop

 

Before I could buy the new phone (not a cheap one I should add) they asked me to sign a form saying that if the phone broke down after more than 27 days I would accept a repair rather than a replacement.

 

If I did sign they wouldn't give me a copy

 

If I didn't sign I had to give them the form back (because it was the property of Orange)

 

Another salesperson said that she was a law graduate and demanded that I let her explain. (think of the women in the later stages of this years "apprentice")

 

I walked (my OH would have led me out be the ear if I hadn't) even though I still need the new phone ...

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First off, they can't get you to sign away your rights, if you had signed it, it would have had no legal standing.

 

Second, why not go back in and when they give you the form, pick it up and walk out with it and then you can post it up here.

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First off, they can't get you to sign away your rights, if you had signed it, it would have had no legal standing.

 

That's what I thought, but I was getting put off more & more with every word that came out of their mouths ... I was thinking that this was their policy anyway & that if anything did go wrong then that is all they would offer short anyway and anything else would need a trip down to the small claims court.

 

Second, why not go back in and when they give you the form, pick it up and walk out with it and then you can post it up here.

 

Was going to pop into another branch to find out if it was a 'local initiative'. If they wouldn't give me a copy I was going to take a photo ...

 

It was such good customer relations - trying to browbeat the customer into signing.

 

email already on its way to trading standards:-)

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I no longer get a signal at work.

 

Orange have confirmed that they have decomissioned the closest mast (shared with T-Mobile) - it was on the roof of a building that was demolished - and they say that they have no plans to replace it.

 

It's not long since I paid for a new PAYG phone that's locked to Orange - now virtually useless.

 

They have offered to unlock it for £20!!!

 

It's their fault that I no longer have a signal, I was thinking that they should unlock my phone for free & pay to port my number to O2 - that does provide a signal at work

 

Any advice?

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The phone you bought is seperate from the agreement to supply network services, that being the case Orange's removal of a mast wouldn't give you an automatic right to have the phone unlocked FOC, although you could certainly ask them to waive the cost.

 

I don't believe you could sucessfully argue that the removal of one mast constitues a breach of contract, this would be very difficult to prove given that the agreement is for supply of network services across the UK and their network will consist of ten thousand plus + masts, mobile phone networks generally do not guarentee coverage in any specific areas.

 

The removal of one mast - due to factors outside of Orange's control like the demolotion of a building where the mast is sited is also arguably something the network couldn't be held liable for.

 

You mention the cost of porting, there doesn't appear to be a cost involved, a PAC is supplied for free, you can get a free SIM from another network and transfer your number without charge so I'm not sure what costs you believe would be involved other than unlocking the phone which I mention above?

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2 prong this one.

 

Personally, (and I think HW knows what I'm going to say) Write to them

 

Orange Customer Services

PO Box 10

Patchway

Bristol

BS32 4BQ

 

Include your name, address and Orange phone number. Explain what has happened, and request a free unlock code for your phone as the only satisfactory outcome. If they are unwilling, as an alternative provide you with a DEADLOCK letter. Once you have an unlocked phone, request the PAC from Orange and make sure you use all your credit before the new network has taken your number (else you will have lost the remaining credit)

 

Now, the other side of the 2 prongs. Orange and T-Mobile are merging transmitters, so it may only be a temporary outage until they get the t-mobile one working on the orange network. If they do restore service and you want to remain with them, you may aswell get the unlock code in case of future disputes.

 

Keep us updated 2Grumpy :)


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If you had a contract, they would release you under these circumstances, but PAYG is different. You can get it locked locally for £5-10 rather than paying Orange for the service. Then use a SIM from a better placed network.

 

I wouldn't bother with a protracted correspondence, you can probably (depending on the model) get it unlocked FoC by searching the web.

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Thanks for the comments

 

I thought of FOC unlocking - I did investigate but it's the wrong type

 

I must admit that I'm not as badly off as someone who just upgraded to an iphone and got told 'tough' by orange!

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