Direct Legal Collections..help please

[tanglewood]

My son has received a letter from these people for a debt to Orange of £687. The letter threatens legal action etc. From reading on the forums I realise not to phone them but only to communicate by letter. But do I firstly send a CCA letter which hopefully they will not be able to supply? But if they do, does anyone know if he can offer to pay monthly by sending a cheque? I do not want him to use direct debit as he will end up overdrawn as he has done in the past. Can they refuse to accept this and still take him to court or send in the baliffs? I am trying to help him as I guess he has ignored previous letters and I have only just found out about this.

[rebel11]

Hi tangle

 

You can ask them to supply a copy of the original agreement. I would write a letter explaing the situation, stating that you can pay monthly payments via cheque.

I personally don't think they would take him to court over that amount, as their costs, could be a lot more, plus your offering to pay a manageable amount each month. If they've added any Penalty Charges I suppose you could ask them to refund them, see what they say.

 

Links to Telephone Harrassment or Door Step Visits -

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment

[Bazooka Boo]

Firstly, the threat of bailiffs is just that, an empty threat, no bailiffs will turn up, there is a long way to go before there is any chance of bailiffs being brought into the equation.

 

A CCA is also no use where mobile phone contracts are concerned, as it isn't a credit agreement merely a service provided to the end user, so this only really leaves a subject access request (SAR) to the original creditor (OC) in this case Orange, this will provide you with all of the documents identifying your son, and will show you if there are any charges on the account which can be disputed, and by the sounds of the outstanding bill, there could well be a lot of charges on their!.

 

You could start at the very beginning with DLC and send them the 'No debt Acknowledged' letter;

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

 

This will initiate the game of letter tennis with them, in the meantime you could send a SAR to the OC, enclosing a £10 Postal order, and send recorded delivery.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

They have 40 days in which to supply ALL documents and media relating to your son and this account.

 

Alternatively if your happy that this amount is for call charges etc, and doesn't contain any charges, then tell DLC by letter what your son can afford to pay them weekly/monthly, they don't have to accept, in fact they almost certainly won't as their greed gets the better of them and knows no bounds, which is why they fail to threaten people with any ounce of credence, fools.

A cheque is probably not the best way to pay them, as it will have all bank details on, unless your intending to send the cheque on his behalf?

Standing Orders are the preferred method of payment, as it can be set up your end, with no input from the slimy DCA, and you can control it, starting & stopping it and varying the amounts when you like.

 

:wave:Hello guests!

 

If DLC are threatening bailiffs, fire & brimstone, they are once again deluding themselves, no such thing can happen, it is a figment of their tiny imagination, so no need to worry on that point.

If your son is on benefits, unemployed or earning a minimum wage, then all he should offer is £1 a month, that is all a Judge would order him to pay.

[tanglewood]

Thank so much for the advice. Great. BUT now my son tells me he has rung Orange and they have said the outstanding debt is £140 and he has made arrangements with them to pay this off,

 

So now how to do I get rid of DLC as it appears that they must have been slapping charges on the debt.

 

Could I send a No debt acknowledged letter and inform them that he is paying direct to Orange and refuse to pay their charges? They did tell me that they had been sending letters to an address that my son left ages ago and he has never received them. I have refused to tell them where he is now living. (Back at home!!)

[tanglewood]

I have now read the No debt acknowledged letter and realise that it is not the correct one for the case as my son does acknowledge the debt. Sadly.

 

Can you tell me what sort of letter to write to advise them that he is paying direct to orange? Orange have not been too helpful in calling off these Rottweilers and basically have told my 19yr old to deal with it himself.

[harrassed senior]

Just write a brief note and tell them that an agreement has been reached with the Original Creditor, no need to give any details, and remind them that OFC Guidelines stipulate that this should be the end of their involvement in the matter.

[tanglewood]

Thank you so much everyone for all your help.

 

Just one more...sorry...what are the OFC guidelines and where can I find a copy?

[rebel11]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

 

OFT Guidelines.

[tanglewood]

You are brilliant. Will send it off tomorrow. Recorded of course coupled with the don't phone me letter.

 

Thank you once again. I just hope this will be the end of the matter but I have a feeling it won't as they will want their charges paid as they have 'bought the debt'.

 

But finger crossed

[rebel11]

If you need further help, just post on this thread,

[tanglewood]

I will thank you and I will update if all ends well but somehow I have a feeling......but feel more confident after reading you help

[tanglewood]

Just an update...My stupid stupid son is entirely liable for this debt. I have found out..by subterfuge..that he obtained a laptop and dongle from Orange on a two year contract. he only paid 4 months and so they cancelled the dongle and he now has to pay the rest of the contract. The debt to orange is £675 so the DCA have only put on £13 charges at the moment! Orange refuse to let him pay them so he 'says' he has made arrangements with the DCA to pay it back.

 

So I am leaving him to it. I am so angry. If the baliffs turn up they can take his car!!!!!

 

I am so sorry to have taken your time up and be always grateful for the advice.

 

Thanks to you all

[Bazooka Boo]

Bailiffs won't turn up, for a bailiff to turn up, first your son will have had to have been to court, where they will have had to succesfully have a CCJ awarded against him, then he will have to fail to stick to the CCJ, where the creditors will have to go back to court and ask the judge if they can appoint court certified bailiffs to recover the money, as he doesn't own his own home, will have very little in the way of goods, less for his car, then that is all they could reslistically take.

Maybe it is better for him to be taking responsibility for his actions, we all learn one way or the other, and for some it's only by learning the hard way that realisation sets in.

On a side note, if Orange really did tell him to sort it out, and washed their hands of it, then more fool them, as this will get them into all sorts of problems, their chosen third party debt collector (DLC) is acting on behalf of Orange, so anything that DLC do that is questionable, WILL result in Orange being made to answer for.

Also DLC CANNOT add spurious charges that they feel like, the only ones able to do so, is Orange, and even then these must be written into the contract your son signed.

Has he returned the laptop and dongle?

[tanglewood]

I certainly agree that he should now take responsibilty for his actions and I am letting him get on with it. I had the same problems with my other son and had to sort him out but I never thought that this younger son would go the same way. He did all this at a time when he had moved out to share a flat and now he is back home again.

He now says he is sorting it out with the DCA but will not admit what he has done.ie ordering the laptop and dongle. I guess he is too scared to admit his mistake. But now he has to live with it.

It is interesting to note that you say Orange should not have told him to sort it out with the DCA and I shall monitor any more letters coming in case more charges go on.

Well he won't talk to me about it so be it!!!

 

I have no idea where the laptop and dongle are. Certainly not in my house.

 

So for now I am watching to see if he sinks or swims.

[janes]

Hi

I am also having problems with orange who have now passed to moorcroft and threatening legal action

 

basically i had a contact for 18 months after 16 months got lots phone calls asking me to take out another contract etc I said no going to pay as you go. I stopped direct debit after 18 months and 4 months later got letter saying i still had to pay as I had not cacelled contact. they will not listen and say I have to pay and a disconnection fee? I never got any money back from cash back always bills sent back saying I missed the date

 

who do i complain to

[tanglewood]

Hi, had basically the same problem with another son with Orange who eventually sent the debt to Moorcroft. As he did owe the money we paid £5 a month for about a year. They were funnily enough very helpful and the debt was cleared.

 

When my other son left orange he forgot to cancel the contract and ended up owing two months as it goes onto a rolling contract and he or rather I had to pay up. We then got it cancelled but I took the name of the woman I spoke to and paid the money to and also had the receipt number because they do not send you a confirmation letter that you have cancelled the contract.

 

I am sure there will be somone better on here that can advise you as they have done for me. I can only say what I did in the circumstances.

 

Good luck

[Bazooka Boo]

You need to open a formal complaint with Orange first and foremost, stick to your guns and tell them under no circumstances are you paying them anything, you stuck to the agreement that you signed for 18 months, if they insist that they needed a written letter of cancelation, tell them that you are fully prepared to let a Judge decide on the matterm once you have made a formal complaint to the "futures bright"! complain to the OFT&TS via http://www.consumerdirect.gov.uk/contact

Send everything in writing and maintain a paer trail of evidence.

[tanglewood]

Have now received a pretty pink postcard asking my son to contact another debt agency, Have thrown that in the bin and have written for DLC and told them he is working part time and earning minimum wage and therefore making an offer to repay at the rate of £30 a month starting at the end of Oct. have also stated in the letter that he will only correspond by letter. We shall see what they say.

 

However I remember reading somewhere that if push came to shove he could go to the County Court and obtain an adminstration form (?)

 

Where did I read that or can anyone update me?

[Bazooka Boo]

You should keep all correspondence these fools send, was the postcard in an envelope, or out there for all and sundry to see?

£30 a month!!!!!

£5 at the absolute maximum, unless he has such a large disposable income he can afford this, and have you checked whether these idiots are legally entitled to collect any money?

[tanglewood]

Hi

firstly the postard was from Hillside Securities a subsidiary of DLC asking if someone could visit. Nothing about the debt.

 

Secondly...sadly he owes this money. I have checked. Therefore he has to pay it back. If he offered £5 a month it would take 10 years to repay and he is only 19.

 

I could start a round robin of letters etc but at the end of the day he owes it and has to repay it.

 

So there we are. he got into this mess and has to get out of it. i will help but not pay it.

[Bazooka Boo]

Totally agree, but that doesn't mean they can run roughshod and abuse the fact that he owes them money, nor can they dictate how much he has to pay them a month, if it takes him ten years then he will learn the hard way, I'm glad your not going to pay it for him.

[tanglewood]

At the moment they have not stated any amount that he has to pay. I am awaiting their reply. He is currently studying to work as a teacher abroad so will be leaving the country in about a year that is why we are trying to get it paid off before he goes. He is learning the hard way as he is currently selling items he has collected over the years in order to pay this back.

 

They can try and get more money but they will have to whistle for it. I don't thnk they would get anywhere by trying to take him to court seeing as he is making an offer of payment.

[Bazooka Boo]

Exactly so long as he is paying something, even the token payment of £1 a month, there is nothing they can do.

[tanglewood]

Advice needed please.

 

Following our letter to DLC offering £30 a month they have written back enclosing an Income and Expenditure form asking for all details INCLUDING proof of wages.

 

What do I do? Shall I just write back saying it is £30 or nothing? or fill in the form. However I am loath to give them details of my son's wages because then they will know where he works.

[Revenant]

Advice needed please.

 

Following our letter to DLC offering £30 a month they have written back enclosing an Income and Expenditure form asking for all details INCLUDING proof of wages.

 

What do I do? Shall I just write back saying it is £30 or nothing? or fill in the form. However I am loath to give them details of my son's wages because then they will know where he works.

 

Only a Judge/Court has the right to any form of I & E info so just ignore that form

Stick to your plan and if they don't like it . . tough

R