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Any advice would be greatly appreciated


alb10n
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My brother currently has a debt of around £250 with orange, they have passed the debt onto moorcroft who have demanded £500 from him. He has sent a CCA request with £1 and was sent a response telling him that they could not carry out the request as the legislation he quoted did not apply to the situation. (I have not had a chance to see which letter he sent as of yet because hes the other side of the country at the moment).

 

My 1st question is: can a DCA add on such a huge fee to an existing debt?

 

My 2nd question is: it up to the DCA to show how they have come up to that figure? My brother has asked for them to explain how they have come up with that figure and they have told him they dont have to tell him!

 

If anyone can give me some advise in regards to these 2 question so I can pass it on that would be ace.

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My 1st question is: can a DCA add on such a huge fee to an existing debt?
Not unless it explicitly included within the original agreement. It is against OFT guidelines to add inappropiate charges.

My 2nd question is: it up to the DCA to show how they have come up to that figure? My brother has asked for them to explain how they have come up with that figure and they have told him they dont have to tell him!
Yes they must give a statement of account.

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt the onus is on them to prove a debt exists and that they have the legal right to collect.

Anthrax alert at debt collectors caused by box of doughnuts

 

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17 Port & Maritime Regiment RCT

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Should add that telephone agreements (and other things like utility bills) are not credit agreements and are not covered by the Consumer Credit Act. Orange is correct in this respect.

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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Good point is it classed as a service agreement? Do you know if there would be a way of getting them to produce a copy of this? I appreciate if this was carried out over the phone there wouldnt be a signed agreement but the would surely have a log of the sale....just a thought

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They still have to prove exists and that they have the right to collect.

 

If they do not send details back your brother should send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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