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mickeyc33

Moorcroft and orange and now d l c

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Hi folks,

 

This is my first thread on here but I have been browsing for about 5 months.

 

I am a former bankrupt and a failed IVA customer.

 

I am posting because orange claim I owe them £569.00. They have added nearly £400 pounds for the contract time as my wife took a new and very basic handset out not long before I went bankrupt. The debt was firstly placed with Moorcroft and then and as off a couple of days ago placed with dlc. The letters I keep recieving are being sent to MIKE collier and not Michael (my legal name) and I wonder if they are claiming a debt off the wrong person???

 

I have no problem paying what I owe them and over 6 years I spent nearly £6000 pounds with orange and paid all the bills although I never used all my free minutes,quote often going alot under the tariff I was on.

 

I rang dlc tonight and was out for an argument but the young lady I spoke to was really nice and helpful ( THE WORST KIND ). they however claim that I still owe all this money and that as I woldnt give her any details they wont help me.

 

Have Moorcroft passed this debt over because they have not bullied us into paying or because they want to give someone else a crack at the whip!! I am fully intending on being as awkward with them as possible but I need to know can they send someone to our doorstep and try anything on over what we owe???

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DCAs pass debts to one another as a matter of course if they have been unsuccessful in collection. They cannot add any charges that are not in the contract. I take it you are just going to ignore DLC. They cannot do anything without a court order and they cannot send anyone to your door without your permission. If they do, you can tell them that they have 30 seconds to get off your doorstep or you will call the police - they are trespassing.

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. They cannot do anything without a court order and they cannot send anyone to your door without your permission. If they do, you can tell them that they have 30 seconds to get off your doorstep or you will call the police - they are trespassing.

 

 

That is fundamentally wrong, there is provision for a dca to send an agent to a debtors door (providing certain ccriteria is met) the OFT's own guideline http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

states as much

 

However, the chances of DLC doing so is pretty remote, they have in the past threatened me with much the same for significantly more money but never turned up.

 

There is a dept within Orange called the Executive office who may be able to help, they're not usually customer facing but if you phone Orange on one of their head office numbers and not the usual 07973 100150 and play your face you may get through to them and they do tend to get things done once they latch on to the issue.


I reside in Dawlish Warren but am not a rabbit.

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Hi there

Sorry guy but you are wrong here

 

There is only an Implied invitation for people other than the Postman, High Court or other qualified HMCS personnel with legally binding enforcement warrants, the Police and service personnel such as Gas, Water etc to visit your property without obtaining permission first. There is a case defined on these forums somewhere -- I think the case was in 1925 but it's on the Forum.

 

If you expressly remove the invitation to visit your property other than for the allowed exceptions then the offending party is guilty of TRESPASS.

 

There's a letter type also on the Forum you can use withdrawing invitation and expressing in no uncertain terms that any home visit will result in the offending party commiting an act of Trespass and the Police can immediately be called to have them removed.

 

DCA's etc have NO AUTOMATIC RIGHT for HOME VISITS.

 

I suppose you've got that brand new New Xmas Loo paper Moorcroft's are using headed PRE-COURT DIVISION - HOME VISIT SECTION (or similar)

 

just bin it. Moocroft are number 197 or so in the food chain -- they usually get given stuff everybody else has just about given up on.

 

The good thing is once you've got these people out of your hair nobody else will bother.

 

Cheers

jimbo

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As I said, a debt collector's agent has no legal right to come to your door and you can ask them to leave.

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Hi there

 

+1 -- a DCA's agent has no right to make doorstep collections / home visits etc.

 

Just a point here -- please remember that GUIDELINES are just that GUIDELINES - or in industry what are usually called "Best Practices".

 

Guidelines are not LAW although they should be followed at all times.

 

If you are basing a defence purely on the fact that guidelines have been breached or not followed - you might get a sympathetic judge but you won't necessarily win. You need to look at what the LAW actually states although of course any flagrant disregard for procedures and guidelines laid down by the OFT should certainly help your case and complaints of any breaches can lead to removal of the "offenders" trading license.

 

Cheers

jimbo

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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 & Short Ltd [1959] 2 QB 384

. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

DCA's or anyone other than those mentioned above, have absolutely no right to be on your property, and if they fail to leave when asked to do so, commit an offence of trespass, a criminal offence.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Interesting. I was always under the impression that trespass was a civil offence. The police can arrest you for being on private property with intent to commit a crime or in the act of committing a crime. But not simply for being on private property.

 

Perhaps we need a legal eagle here.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Trespassing can be a criminal offence where it breaches the Public Order Act.

Where someone comes to your door and you ask them to leave, they no longer have your permission to be there and if they don't leave you can ask the police to remove them. In those circumstances it is a civil offence and you can get an injunction to prevent them from returning.

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DCA's or anyone other than those mentioned above, have absolutely no right to be on your property, and if they fail to leave when asked to do so, commit an offence of trespass, a criminal offence.

 

Thank's Bazooka Boo -- I've been looking for that case - Some people need it has they are being Harrased by our old Frend's ROSSENDALES BAILIFF's again for Council Tax matters (different section of the FORUM) but this Law still applies.

 

I've booked marked it now.

 

Cheers

jimbo

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Interesting. I was always under the impression that trespass was a civil offence. The police can arrest you for being on private property with intent to commit a crime or in the act of committing a crime. But not simply for being on private property.

 

Yes Sorry, you could well be right Theresa a civil as opposed to a criminal offence, it was nearly 3 in the morning!:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Trespass is, indeed, a CIVIL offence.


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interesting reading peoples experiences with this DCA.

here is mine.

Took an 18 month contract with orange 17/12/07 with a free PS3.

Near end of contract i enquired what they would give me for a new 18 month contract. Disappointed with offer, so took out an 18 month contract with O2 with a free laptop 12/5/09. i sent letter to orange confirming 1 months notice on 9/5/07 and cancelled direct debit after payment on 1/6/09.

Lo and behold orange send bill after 2 months saying i am behind with payment. Try to telephone but automated system would not recognise mobile phone number because it no longer existed:mad:

After 3rd bill contacted a human being at stolen department!!

She said nothing had been received but confirmed that the last usage was 12/5/09 and would accept a months notice.

Orange cancelled the contract in september, credited the account with a month and then sent it to MOORCROFT early November with an outstanding balance of c£150.

Moorcroft wrote to me asking for £592.3. i replied (enclosed).

They replied 26/11 stating that orange are willing to offer a partial settlement of £444.27

They then sent a notice of intended litigation on 9/12.

orange copy.doc

orange ii copy.doc

moorcroft copy.doc

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