Fredrickson/Arrow Global/Orange Urgent help needed

[b3tan_senseless]

Hi a few months ago I received a letter from Fredrickson asking me to contact them regarding a personal matter, I checked the web and found this CAG forum so binned it. the next day I received a letter saying I owed their client Arrow Global £2229.27 I figured from this board that it related to Orange, I sent them a Prove it letter and received a reply saying it was on hold. Yesterday I received another letter from Freds which says,

"We refer to your recent letter or telephone conversation with this office. Please find enclosed account dicuments, provided by our client as requested. we hope this clarifies matters and look forward to hearing from you with proposals for the discharge of this account. "

 

Attached is a statement from Orange showing payments from 2002 up to 2006 when the last payment wasn't made. (£2229.27) I have previously been chased by Moorcroft for this back in 2006 after I was cut off by Orange for non payment.

The charges are for one month when I was in Munich ( my usual bill was £40 average) these charges had run up through excessive charges whilst roaming including paying for received calls and text messages. I informed Moorcroft that I would only deal with Orange and sent Orange a letter stating I was not prepared to pay these excessive charges as they should have capped my account before allowing it to run up to such an excessive amount, I offered to pay for calls made and sms sent but not received (around £500) although still very excessive)

 

I didn't hear anything until this year although I was aware it was still on my credit file and preventing me getting a loan or finance.

 

At no point have Freds ever mentioned Orange up to now. My feeling is that the account is still in dispute with Orange and I am still prepared to pay them a reduced settlement but I am not going to pay a DCA one penny. I have also read that the law has changed and phone companies are now required to set an agreed limit on roaming charges or cut off services at €50 This was my original argument with Orange, also roaming charges were capped significantly after this.

What is my best course of action? I intend to send Freds a letter saying you have attached a statement from Orange, how is this related to arrow Global, and that the account with Orange is in dispute and has been since 2006. and also to write to Orange again. Do I need to ask for an SAR first or do I just write again with my original dispute?

As the EU have been fighting to change these charges is there any way of having them cleared as they were deemed to be excessive by the European commissioners?

[BRIGADIER2JCS]

Arrow Global hve bought the account from Orange and their bed mate Freds are collecting for them,expect

a threatogram from Brian Carter '' Solicicitors '' next.

[b3tan_senseless]

Arrow Global hve bought the account from Orange and their bed mate Freds are collecting for them,expect

a threatogram from Brian Carter '' Solicicitors '' next.

I figured that to be the case, but they have never mentioned buying the account at any point in the previous communications. Should I not be informed if my account is sold to someone else? Can they sell an account that's in dispute?

[BRIGADIER2JCS]

Hi. It should not happen if you have formally put the account in dispute, but unfortunately phone contracts are not regulated by the Consumer Credit act.

But that said you should have received a Notice of Assignment from Orange and or Arrow Global, they will I think rely on the non regulation for their actions.

You can but use the Do not Acknowledge letter from the library and edit to suit.

[b3tan_senseless]

Thanks, I'm struggling to find the DNA letter... If they aren't regulated by the CCA how can they place a default on my credit report? Should I ask Arrow/Freds to supply copies of my credit agreement as well?

[BRIGADIER2JCS]

The phone contract is ''a service contract'' not a consumer credit act 1974 regulated contract,

the default is for not keeping to the terms and conditions of said contract.

[BRIGADIER2JCS]

I think you should consider carrying on the original complaint,if you have not had

a final response from Orange.

[b3tan_senseless]

I have actually already sent a Do not acknowledge letter to Freds which is when they have replied with the copy of an orange statement.

I'm going to send Freds this

In my previous letter I enclosed a formal request for a copy of the agreement (signed by myself) relating to the alleged debt. Instead you have sent me a copy of a statement relating to an Orange Mobile phone contract which I have formally disputed without resolution since 2006. I am also in the process of contacting Orange asking for a full Service access request under the Data Protection act to explain how my personal details have been passed on to your client without my permission or knowledge.

Your client is listed as Arrow Global Guernsey Ltd, could you please explain how this Orange bill relates in any way to the alleged debt with your client. I have never received a deed of assignment from Orange or Arrow Global Guernsey Ltd.

 

Is there anything else I should add? I will also send Orange an SAR and a folow up to the original dispute. Is it likely that they will deny all knowledge or will i still be able to deal with Orange rather than Arrow/Freds?

[BRIGADIER2JCS]

To reiterate phone contracts are not regulated by CCA 1974, you can ask for a copy of the form you signed to get

the service.

[arrowhead]

I too have had them contact me today, stating i owe money on an orange account from 2002, which would be correct as orange are ripped me off and i refused to pay at the time

I told the man that its a been a long time to try and contact me about this now and he said the dept was filed in 2006? (still along time)

Anyone know how long they can legitamally chase me for this?

Money owed in 2002 - £80.

Now owed - £130.

Is this really worth their while??

[arrowhead]

Sorry just to say, they said they had been sending letters to my old address, which I moved out of a year ago, but it took 8 years to track me to this address in the first place. I refused to give my new address.

 

Any help please???

[BRIGADIER2JCS]

This like any debt can be covered by the Statute of Limitations.

6 full years of no payment or WRITTEN acknowledgement of the debt

no court action can be started.

[BRIGADIER2JCS]

If the debt is SB it remains alive and they can technically still chase until

you state they as it is SB you will not be paying.

OFT guidance states ''it is unfair to pusue a debtor for payment of a SB debt if the debtor has stated they will not be paying.

[arrowhead]

So, what advice would you give? Do I have to send them any letters or at this stage are they just chancing their arm and should I ignore? I am reluctanant to tell them my address as then I know I'll be harrassed with demands

 

I thought I had been blacklisted before because of this as I was refused a mobile contract, but still managed to get a mortgage?

 

What can they gain from taking me to court for £80 - £120

 

I would pay the amount, but on principle Orange ripped me off and said I had entered a verbal contract with them that I did not or if did I was wrongly informed.

 

I wrote several letters to Orange (don't think I have them anymore) asking to be re-instated with my old contract and my bill reduced, but they refused (one letter after all mine) - shows how much customer loyalty of 5yrs is worth.

 

If my outstanding dept was for 2002 but transfered in 2006, when does the 6 years end?

[BRIGADIER2JCS]

Send the I do not acknowledge any debt letter from the library

its up to the to prove you owe not the otherway round.

[arrowhead]

what about letting them have my present address?

[BRIGADIER2JCS]

Your decision I'm afraid, if they made a 5 min effort I suspect

they could soon trace anyway, unfortunately.

[ims21]

You could of course just ignore them!

 

They would be daft to try and take any "Strong" action on a SB Debt.

[BRIGADIER2JCS]

Trouble is the court threat merchant B. Carter is likely

to rear his head at any time.

[arrowhead]

How about the letter, with no address?

[arrowhead]

Also what about the time limits, still cant believe that they are chasing me for £120 from 9yrs ago! If I send that letter does that make it SB and they can't chase me anymore.

 

What are the chances of this actually going to court?

[BRIGADIER2JCS]

Also what about the time limits, still cant believe that they are chasing me for £120 from 9yrs ago! If I send that letter does that make it SB and they can't chase me anymore.

 

What are the chances of this actually going to court?

Unfortunately this is common they are just chancing their arm

hoping that you don't know about SB.Carter does issue claims as a threat and then discotinues

if a defence is entered, the other alternative is to ignore and see what happens statute barred is a complete defence.

[arrowhead]

Sorry, ignorant on this Statute barred. Is this case definitley SB?

[BRIGADIER2JCS]

Hi, If you have made no payment or acknowledgement in writing in the previous 6 clear years (5 in Scotland). the debt will be stat barred, which means that although the debt still remains legal action cannot be started.

I am working on the fact you state this at least nine years old.

[arrowhead]

The dept was from 2002 but the man on the phone from Bryan Carter was on about the dept going over (passed over to?) to 2006 which did not make sense to me, by this point I was riled tho...