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DLC have issued a CCJ against me for Orange false debt

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Hello, I am a new cagger and hope that someone on here will be able to help me?

 

I moved home in February 2012 and called Orange in January to tell them about this, for delivery of my mobile phone bills, and also that I wanted a settlement figure to cancel the broadband they were providing as they could not provide a good enough reception.

 

From the 17th April I started to receive my new mobile phone bills but nothing about the broadband so in May I called them again regarding the settlement, I was told I would receive a figure in the post. June arrived I called them, July I called them and was told the same as in May. Next thing I know about this is when I receive a phone message from DLC on 10th January this year asking me to ring them back urgently, not knowing who they were I did so.

 

I was told that I owed them £244 for non payment of the broadband, a CCJ had been issued against me and I had until Thursday 17th January to pay or else. In total shock and fear I paid half the money on my debit card and just do not know what to do? I would like to add that I am suffering from depression and are under the care of a physiciatrist.

 

They say that Orange have written to me, DLC have sent four letters and a court letter has also been sent, hence where the CCJ comes from, yet Orange knew that we had moved because I gave them my new address. DLC have had heaven knows how many months to contact me by mobile yet only contact me on the 10th January, a week before they threaten bailiff legal action.

 

Please, please help me.

 

Natasha

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If you know nothing about the CCJ until now you can get it set aside

 

I would contact your bank and get the money back via charge back

 

Bailiffs can not just turn up you need to check that they do have a CCJ

If bailiffs did turn up do not let them into your property they can not force entry

 

orange customer services are bad as ever write to them stay off the phone


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Unless you have checked for the CCJ and have seen this for yourself, I would not believe this. Unfortunately, some staff working for debt collectors will say anything to gain payment.

 

Check for the CCJ. http://www.trustonline.org.uk/

 

You should make an official complaint in writing to Orange, asking why they did not send you the bill that you requested, as they had been given your new address.

 

http://www1.orange.co.uk/documents/about/Orange-complaints-code-20110118.pdf

 

Once you get a complaint officially registered with Orange, wait for a response. You have already made a payment to DLC and if they contact you, tell them that you have registered an official complaint with Orance, so won't be doing anything further until you have heard back.


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Keep everything in writing, send everything recorded delivery and keep copies of everything you send.

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Hi, i hate bailiffs. Thank you so much for your reply. I am going to contact Nationwide today and charge back the money, I did not know you could do that with a debit card.

 

Tash

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Thank you unclebulgaria67, I am just in the process of writing a letter to Orange and will update as I go. ihatebailiffs as advised me to charge back the money I paid DLC and I have checked for the CCJ and it is on there :-(

 

Thanks to everyone for their advice

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Thanks for your advice NailPost, it is much appreciated. This site is so friendly and knowledgeable its beginning to ease my mind a fraction.

 

Tash

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Have you checked that there is a judgment against you? Use the link that Uncle B gave you earlier on.

 

If there is no Judgment, then you really must make a complaint to the OFT - you should also NOT speak to the DCA on the phone - it is very unlikely there will be a record of the call where you were told there was !!


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Have you checked that there is a judgment against you? Use the link that Uncle B gave you earlier on.

 

If there is no Judgment, then you really must make a complaint to the OFT - you should also NOT speak to the DCA on the phone - it is very unlikely there will be a record of the call where you were told there was !!

 

Thank you for your help citizenB, I have checked on Experian using their 30 day trial and it is there. I am in the process of contacting Orange by their executive email means, is this a good idea?

 

Tash

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Thank you for your help citizenB, I have checked on Experian using their 30 day trial and it is there. I am in the process of contacting Orange by their executive email means, is this a good idea?

 

Tash

 

Yes. Do both. Normal complaints process and executive. It is pretty poor that Orange by not contacting you are your new address, have then passed on the debt, ending up with a CCJ.


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Hi all, can I ask you if you feel this email to orange executives is okay or needs adjusting

 

I have been a customer of Orange for over 14 years, I signed up for a new 24 month contract in December 2012, and have now got the pleasure of a CCJ imposed by Orange for non payment of a broadband bill. A bill I would hasten to say that I called to ask for a settlement figure for in March, April, twice in May and once in July 2012, which I have been told by your employees is noted on my records.

 

My husband and I moved from [edit], on March 19th 2012, to [edit] and notified customer services in March, for the purpose of posting itemised bills, and also asked for a settlement figure for the broadband as we no longer required it. The mobile phone bills began to arrive with the statement dated [edit] April 2012 but nothing about the settlement figure. We called again in April to request the figure and as you can see above twice in May and once in July.

 

As far as we are concerned we contacted Orange five times to request a settlement figure, no one replied in four months so we left it up to Orange to contact us at their earliest convenience.

 

I believe the settlement figure would have been in the region of £1xx.00, which we were happy to pay hence the phone calls to customer services, yet we now have a CCJ against us and a debt collector chasing us for £2xx.00, £1xx.00 I have paid due to being in total shock and fear in the way I was contacted. I would like to point out that I was first contacted about this by mobile phone on the 10th January 2013 and can only assume that Orange passed on my number to DLC along with any other paperwork.

 

I have copied and pasted the online email request that I sent to DLC regarding this matter below.

 

Can you send me a dlc ref and also explain why your first contact with me was by phone on 10/01/13. You say you have sent 4/5 letters and a court order but you sent them to the wrong address so how can I respond to them. I am in contact with Orange regarding this matter as they were aware of change of address and acted upon it by sending statements to my new adddress. As I am currently suffering from depression and under the care of a physiciatrist I would like any correspondence from you by email, letter or by contacting my husband on [edit] or my father on [edit].

 

Finally, I cannot believe that Orange have instructed debt collectors to pursue me for such a small amount then allow me to sign up for a NEW 24 month contract for a IPHONE 5.

 

I trust as executives you will obviously be able to conclude this matter in a manner that is agreeable to both parties and review your customer service department.

 

[name]

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Yes that is all ok, but take personal info off your post. addresses and mobile no. I have asked the site team to do this, just in case,


We could do with some help from you.

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Thank you for the alert, Uncle Bulgaria. :)

 

suttontash, I have taken out a lot of identifying detail from your post. For your own protection, it's really not a good idea to publish personal information and phone numbers on the internet - you don't know who might get hold of it and misuse it.

 

I'm sure the forum guys will be able to advise you without this information. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thank you unclebulgaria your are brilliant. Thank you for your help it is very much appreciated.

 

Tash

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Can I ask if anyone has used the exec email route and how long should I wait for an answer?

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Not used this, but normally for complaints with most companies, you should get an acknowledgement within 2 days, with a full answer to follow within 2 weeks.


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Thanks uncle, I sent it off Tuesday but no reply yet thats why I am going to send a hard copy to Orange Customer Care, Orange UK Plc, PO Box 486, Rotherham,

S63 5ZX.

Tash

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Hi all, just had an email back from orange acknowledging my email and asking for a few details. Also had a call from DLC saying they are giving me six months to pay the rest of their claim, what happened to one week? Think orange may have called them?

 

Tash

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Had a call on from orange saying we cannot deal with your complaint in this office so we will have to pass it on to another office?

 

Nice to see that orange on still on the ball and I have got two years of this with my new phone contract until I can change...

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Hi, Just received this email from orange. Can I ask for copies of the conversations and letters?

 

You will see that he is blaming the letters not being received on the fact they were sent to my previous address, even though they knew we had moved. Giving me a settlement figure which would be added to the final bill, March, then saying there was a £20 unpaid balance, March, saying the final bill was sent to my new address and if it was not received?????

 

Any advice would be greatly appreciated.

 

 

Please respond to executive.office@everythingeverywhere.com

 

Dear Miss Parkes,

 

Thank you for your email recently received, I have tried to call you without success.

 

I am sorry you have experienced issues with your EE Broadband account and that you feel that the level of service which you have recently received has not been of a satisfactory level. Please be assured that your comments are taken very seriously and have been highlighted to the relevant departments making them aware of the impact of this incident, with the aim of continually improving our customer experience.

 

After further investigation, I confirm that on 21 March 2012 you had requested the account be disconnected, at this point you were then made aware of the early disconnection fee of £138.89 which would be applied to the final bill. The notes show that these figures quoted were accepted and you had proceeded to go ahead with the disconnection.

 

You then contacted our Customer Service Team to query the account balance on the 2 April 2012 along with requesting a letter to be sent showing the full outstanding balance on the account. This shows that you were made aware at the time that there was a £20 balance from March 2012 and that no letter can be sent as requested until the final bill was produced.

 

Further contact was made on the 29 May 2012 due to not receiving the final bill which was promised, this was due to the house move and this bill being sent to the incorrect address. The advisor that took the call agreed to forward the bill to the new address, whilst I confirm that these were sent, I apologise if this did not arrive.

 

We then received a further call on the 30 May 2012 requesting the bills for March, April and May 2012 which were then requested for you. Since this call there has been no further contact made from you regarding the account.

 

Due to the final balance of £157.89 being outstanding in July 2012 the balance was then sent to Direct Legal to recover this debt. After they had made contact with you, we then received a call on the 10 January 2013 at which point you were then made aware of the bills which we had resent to the new address as requested.

 

Unfortunately, we are unable to remove any default or County Court Judgement (CCJ) relating to the account. Whilst I appreciate you state no paper bill was received even after these were sent, you were made aware of the final balance on more than one occasion when calling with the option of paying the balance at that point.

 

I can appreciate how this issue may have caused inconvenience and frustration. We aim to provide the highest degree of customer satisfaction and I am sorry to learn that it has not happened on this occasion.

 

Yours sincerely

 

 

Richard Green

Broadband EE

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I think you would most likely have to send a Subject Access Request and specify that you require the transcripts of the calls. It is fairly obvious they do still have them as the writer refers to them in his email to you.

 

Did you receive the court papers - did you defend - if not, is it your intention to apply for a set aside ?

 

If the judgement has been made in the past 30 days - as long as you pay it in full it will not be recorded anywhere.

 

 

 

I


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello unclebulgaria67,

 

A month into my case now and Orange are still ****. Can you or anyone please tell me how to have this summons or ccj set aside as dcl are now chasing mefor the remainder of the money even though orange said they will ut a 30 stay until this is sorted.

 

They have npw admitted that they sent a letter to my new address even though they instructed dcl and provided them with the old address. I wish I could sue them for all the upset this is causing me with my ongoing depression and anxiety.

 

Please, please reply as soon as you can.

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ST, where exactly are you with this ? Have you completed the N244 application to have the original CCJ set aside ?

 

If you could let us know where you are then I will try and find someone who can help :)

 

You should let the DCA know that you are in the process of applying for a set aside - that should keep them off your back for a while.


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2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The text in red is what you need to put on the form.

 

 

On the N244 request under what order are you asking to be considered:_

 

It is respectfully requested that the judgment placed by xxxxxxxxx claim number xxxxxxxx dated be set a side pursuant to CPR 13 (PD3).

 

This application made on the grounds of bad service the Claimant was fullly aware of change of address and used a previous address to gain Default Judgment.

 

 

 

Forms - Civil Procedure Rules - Ministry of Justice

 

www.justice.gov.uk/courts/procedure-rules/civil/forms

 

 

You will be able to download a copy of the N244 from the link above. ^^^^^

 

Below is a pdf which gives some advice for completion etc..

 

 

[ATTACH=CONFIG]41689[/ATTACH]


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HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you for your reply. I have since received two emails which I view as admitting fault and trying to wriggle out of their mistake?

 

Email One.

Thank you for your email recently received.

 

I do apologise for the delay in responding and that the hold I requested on the collection activity had not taken effect. The copy of the final bill was again printed and resent as you mention this was not received again, this was sent to the following address.

 

XXXXXXXXXXX

XXXXXXX NEW ADDRESS

XXXXXXXX

 

The investigations I was doing were to see if we would be able to update or remove the default from your credit file due to the balance which is outstanding on the account. I have since found that there are no defaults against your credit file from EE in relation to this, however, I have been advised that the County Court Judgement (CCJ) is something which we are unable to change. Should you still wish to have this removed, you would have to contact the Court in question to dispute this further.

 

As a gesture, due to the attempts you had made in 2012 to obtain a paper copy of the final balance, I offer to credit half of the current balance outstanding. Should you wish to accept this, please email me back on the email address above.

 

I apologise again for any inconvenience caused and I look forward to your response.

 

 

 

 

Email Two.

 

Thank you for your email recently received.

 

The offer to credit half of the amount owed would be half of the costs incurred since this was sent to Direct Legal. Any payment made going forward would have to be taken by Direct Legal, please contact them to make payment of £122.45 to clear the outstanding balance, I will then raise a cheque for this amount to be sent to your address, XX

XXXXXXXX NEW ADDRESS

 

The reason I ask that you make payment whilst waiting for the cheque is due to the time it can take for the cheque to arrive, it is usually up to 30 days. I have requested a hold on the activity, however, this is only up to 30 days.

 

From further investigation, I confirm that the account address is still XXXXXXXXXXXX OLD ADDRESS. The reason for the account address not being updated is due to this being the address the Broadband was supplied to, any change of account address can only take place once the supply had switched.

 

As you had not taken our services at your new address we could not update the address details going forward. There are notes on file showing that you had requested the final paper copy of the bill be sent to the new address, this is something which is possible however, when posted it would be sent with a covering letter and the old address will still be showing on the bill that you receive.

 

Thank you for your patience in this matter and I trust the above response is of assistance.

 

 

 

 

My Reply.

Your statement "I confirm that the account address is still [XXXXXXX]. The reason for the account address not being updated is due to this being the address the Broadband was supplied to, any change of account address can only take place once the supply had switched."

 

and

 

"As you had not taken our services at your new address we could not update the address details going forward."

 

As we requested cancellation of this service on 21st March due to being told Orange could not supply the same service at our new address the above does not make any difference and the update to the new address is obviously incompetence of the people who have dealt with this matter. You state that the final letter was sent to X XXXXXX NEW ADDRESS on the 29th May, thereby acknowledging our change of address, yet the file was handed to Direct Legal in July still showing the old address, which again is incompetence on Oranges part.

 

We have attempted to obtain a written final figure to settle this matter on four seperate occasions yet Orange have been unable to supply the final statement to the right address. If Oranges staff are unable to change an address on a contract that has been cancelled and the customer of that cancelled contract is awaiting a bill to make payment and close that account then one can only make the assumption that Oranges system does not work correctly.

We are and have been totally committed to paying the amount of £157.89 since 21st March 2012, once we received the bill from Orange. That bill has yet to arrive but as we have been forced to pay £122.45 by Direct Legal we will make a payment of £35.34 to make up the total. However, this payment will only be made on the understanding that the CCJ is removed from my credit file which as you said Orange cannot do I trust you will request Direct Legal to carry out.

 

As your 30 day hold on activity is decreasing, I have no choice but to apply to the courts to have this set aside unless Direct Legal can arrange for this to be sorted.

 

Your earliest.earliest reply would be welcomed as I intend to special delivery the paperwork tomorrow morning.

 

 

 

As this is really getting me down now I feel as though I should sue orange for the distress this is causing me. My doctor and physiciarist have both said I do not need this stress at the moment and adding to that is the fact that my grand father dies last Wednesday.

 

I would like to thank everyone for taking their time to help me.

 

Tash

Edited by ims21

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