Orange/DLC/Aplins

[Spoonman]

Hello.

 

A few months ago i had a phone call from orange telling me i'd not paid my phone contract in over a month (My contract ended, and i wasn't aware i was to phone up and cancel it. Even though it was an 18 month contract and 18 months had passed)

 

Up until that point i had had no contact with Orange whatsoever.

 

I stated that i could not, and would not pay the balance "owed".

 

Since then they have passed it onto Direct Legal & collections.

 

They've sent aggressive letters, threatening legal action if i don't reply in x amount of days. And the last letter from them said i could either pay a reduced amount, or simply have the "debt" on my credit file for 6 years.

 

I have today recieved another letter, this time from "Aplins" solicitors. Demanding i pay the amount within 7 days i court action may be taken without further notice.

 

The amount is £106.08.

 

I have had no more calls from orange, and DLC/Aplins have made no attempts to phone me. Just threatening letters.

 

I'm not sure what to do.

 

In short i can't afford to pay £106.08.

 

Any help or advice would be greatly appreciated

[Revenant]

Hi sm

Welocome to CAG, you'll get lots of good advice here

My limited knowledge leads me to think that there could be a "Rider" in your contract that means that Orange will automatically renew unless you tell them not to

If you still have it you need to go through your original contract and check and as for the letters . . for the time being take them as the threats they are as this is just the beginning

Good luck

R

[comebackjimmy]

Hi

 

My experience of mobile contracts is that they have a minimum term, in this case 18 months and they then run monthly thereafter. You should check the small print to see if that is the case.

 

If so they continue to supply you with a service beyond the 18 months for which they have some expectation of getting paid, so I would say you are probably contractually liable for the amount they are claiming if you did not cancel your contract. I would also say this is reasonable.

 

If this is the case and they have said you can pay a reduced amount it might be worth taking advantage of that offer. If it is not immedaitley affordable offer a shortish payment plan of two or three payments at the reduced total amount to clear it up.

 

If you do this do it by letter, not on the phone and top the letter "Without Prejudice".

[Spoonman]

I don't have it.

 

In all honesty i threw it away after the contract ended. Simply because there was no signal anymore, leading me to believe that the phone was cut off.

 

So far they haven't made good on any threats of court action, or of house visits.

 

But still, i don't like the idea of having to pay court fee's on top of the £106.

 

I can't believe how much effort is being put into it over such a small amount.

[comebackjimmy]

OK ask them for a copy of the contract.

[Spoonman]

Right.

 

Would it be possible for someone to write a draft letter requesting the contract?

 

I don't want to look a fool by writing it myself.

 

Thanks for the replies.

[Bazooka Boo]

There is very little or no chance of this ever getting to court, it is for a miserly amount and would cost them twice that amount to get it to court, and will not be worth their while.

 

I don't recommend heading any correspondence to DCA's with the words 'Without Predjuice' this simply means that it shouldn't be shown in court, which IMO is not something you want.

 

If the contract ran it's course, and you paid them for the 18 months service, then because of the lack of coverage in your area decided not to renew, then, again I say more fool them for incorrectly assuming that you wanted to continue with them.

 

Regardless of what they say in their contract, you signed for 18 months, you kept to the agreement, and that is that, tough cheddar for them.

 

How have they come to that figure they allege you owe?

 

Send Alpins the No acknowledgement letter, via recorded delivery, and print don't sign your name.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

The threat of court fees, is only IF it goes to court (obviously!) AND the judge awards in their favour, AND he agrees to their fees being added to the amount owing.

 

I had similar with my contents insurance, and because I paid monthly, they took it upon themselves to automatically renew the contract after the 12 months had elapsed, then tried to make me pay a cancellation fee because they wrongly assumed I would want to remain with them the next year...WRONG!!!

Regardless of what it stated in the small print, they were simply told that I would not pay for an assumption they had incorrectly made, and it was duly agreed and written off!

[gazzerh66]

If your having problems with dlc/hillesden securities ltd,go to the Charities Commision website and look up The Faccenda Foundation.This contains the home adress of Robin Faccenda the owner of dlc/hillesden securities,all letters should be adressed to him.

[Spoonman]

Hi all.

 

As advised i sent the "No acknowledgement letter". With no response from Aplins.

 

I just received a letter, this time from "ScotCall Debt Collecting Services".

 

Telling me my "debt" has now been placed with them, to contact them immediately with payment or they will arrange a doorstep visit.

 

I'm afraid i can't take this seriously anymore as i've just been thrown from one debt collector to another with absolutely no actions behind their harsh words.

 

Any advice on what to do next? or is another "No acknowledgement letter" in order?

 

Thanks for all the help.

[microbar]

Subscribing.

[comebackjimmy]

If it was me I would ignore them until such time as they send something serious, such as a CCJ summons which is most unlikely for this piffling amount.

[Bazooka Boo]

Send Snotcall the bemused letter; http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

I would also add on to the bottom of that letter the following; http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

And keep a copy of that by the front door also, and 'IF' they are foolish enough to send someone round to collect your doorstep, (which they very rarely do) then hand them that and shut the door, after telling them they have precisely 10 seconds to get off your property or you will call the Police.

 

As for Snotcall, they are hilarious:-D