Paying Carter for Arrows on old Orange account

[adridude]

Hi,

 

About 4 years ago, I had an orange account which to my knowledge has been paid in full and was closed.

 

About a year ago, AG and BC started tagteaming with one another sending me various threatening letter. After about 5 letters asking for the final bill, and after a barney on the phone, I finally got one.

 

The dates fall CLEARLY outside of the contract dates, as I only had a 1 year contract.

 

Can I demand to see the original contract? both AG and BC both say that "they do not have to send it as the bill is enough".

 

orange won't talk to me as they seem to think that the bill has been cleared, but the date of the latest bill is only from a few weeks ago.

 

Can someone advise me as to what I should write and to who? I'm getting a little tired of the two bouncing this issue between themselves and I'm about to put a stop to it.

 

Regards,

 

Adridude

[bazaar]

send them the harrassment letter, in no uncertain terms tell them to put up or shut up, reference the calls etc and tell them how unproffessional they are. also CCA them

[adridude]

I'm not concerned about the calls. If you have a look at my useful comments in the past, I pretty much nailed that on the head.

 

My wonders are:

 

1) What letter do I write them to get the contract out of them. (I no longer have these due to a house fire which was confirmed as my neighbours fault)

2) Can I charge them admin fee's? i.e. they contact my COMPANY number as I'm a listed Director now and they use that.

3) Seeing as the debt has been passed on to a FOURTH, not third party (i.e. orange -> arrow -> BC), can I disregard this as I have NO formal agreements with Arrow nor BC. From what I understand, the debts have now been sold on and are no longer linked to my original orange account. Does this deem me liable for them?

 

Thanks

 

AdriDude

[bazaar]

CCA request is first call, then when they default ( 12 +2 days ) send them account in dispute), others here have made a contract and sent it. its up to you how much of a thorn in their side you wish to be

[adridude]

Can I legallyt ask for a CCA contract request? They've bought the contract off of orange, i.e. not a bank or CC company?

 

I didnt realise the Credit Consumer Act applied to them?! (and can you confirm, that the one you mean is the "Letter N" under the templates section of the forum?)

 

 

Cheers

 

Ade

[maroondevo52]

Hi, Ade.

 

Send a SAR to Orange, this will let you know the score regarding payments made on the account ect.

 

Not much point in sending a CCA, have a look at Buzby's 'sticky'.............

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?70464-Mobile-Phone-Companies-amp-Consumer-Credit-Act-%28CCA%29

 

Regards.

 

Scott.

[BRIGADIER2JCS]

THE CCA DOES NOT APPLY TO SERVICE CONTRACTS, you can request

a copy of the original service contract.

[bazaar]

Yep my mistake, long day,

[BRIGADIER2JCS]

No criticism Baz.

[bazaar]

none taken at all, Brig

[maroondevo52]

No criticism Baz.

 

 

From me neither, I've made loads

[adridude]

Which is the best letter to send them? From previous attempts they refuse to send them.

 

Is there a more defined one which outlines which law's etc... they need to comply with by sending contracts as proof?

 

Thanks

 

Adrian

[bazaar]

You could always add at the bottom that you reserve the right to produce the letter should any court action arise. Its worked for me before

[adridude]

It appears that they TOTALLY ignore (still) all requests for any contracts. Hers's my issue..

 

1) I've asked for a contract, as I don't remember signing anything that allowed anyone else to take over any accounts and hold my credit report in default despite having kept up payments

2) I've kept up the £5 monthly Bryan Carter payments, but they say that my account is in default. Surely having an agreed payment arrangement with them should at least set my credit report to 'Under Arrangement' or 'Paid up to date'?

3) If they ontinue to hold my Credit report in Default despite keeping up the payments, what action can I take? This default lost me all chances of finding funding when I openend up my initial company which subsequently ended up in a bit of debt and I had to end up closing it down myself to satisfy the people I owed money to.

4) Am I well within my right to cease all payments, send them a letter and state 'no further payments will be issued until they update my crredit record AND supply me with all contracts as requested

 

Cheers,

 

Adrian

 

*edit* just to add, those £5 payments were clearly outlined to them as Gestures of Good will, but they seem to have taken them on as a payment plan :-/

Edited February 11, 2013 by adridude

[BRIGADIER2JCS]

1. The clause re reporting/sharing data on the conduct of an account is standard.

2. Entering a ''defualt'' is correct your paymnents are other than those laid down in the original contract, what you have is ''an arrangement to pay'' at a level lower than required by the contract.

3. The credit report is accurate the original default was not remedied.

4. Gesture of ''GW'' or not it is still an AP.

The credit record is up to date.

You can insist on copy of the ''service contract'' make a Formal Complaint requiring them to supply it.

[adridude]

I have several times written to them, in all cases kept a copy of the letter and mail receipt. The three times in total I've asked them all, I've not once received a response.

 

1 request to AG

2 requests to Bryan Carter

 

BC did say that it was 'not available' as it was back in 2007 and the contract has been destroyed.

[BRIGADIER2JCS]

Tell Carter that until a copy of the original service contract is provided and it is explained why charges are showing outside the life of the contract.

[adridude]

I have asked this, but they told me that they are under no obligation to provide the contract. THey then referred me to Phones4U where I originally got the phone in 2007; P4U said they no longer have it and referred me to orange.

 

Orange then said that they don't have the contract and referred me to AG.

 

AG also said they are under no obligation to provide a service contract.

[zydeco]

Tell Carter that until a copy of the original service contract is provided and it is explained why charges are showing outside the life of the contract.*

* he won't be getting any more money off you.*

[*my addendum]

 

If nobody can supply a copy of the original service contract why pay them?

[adridude]

Problem is I used to be with them, but since I had a breakin (twice now) alot of paperwork etc... was lost including the orange contract. I have no way to prove that I 'dont' owe the money.

[adridude]

What concerns me most is that they can go to County Court without any proof, and given their reputation, I can end up with a CCj without knowing (if you search them, its happened often enough). I can't afford to fight my way out of one, but then again, I can't sit here paying for something I don't believe I owe.

 

I mean what can I do if I send then a letter (several actually over time) asking for the contract. None have ever sent me it, and at the most, they just posted me a list of invoice numbers with accompanying values.

[BRIGADIER2JCS]

If they have your correct address now and then send a CC Claim pack to another address in an attempt to get judgement by default it is easily challenged.

[adridude]

Thats happened twice now, once with this crowd and again with another with some account (with sky) which I never had but that was challenged and revoked.

 

My address is readily available as it's in the voters register as well as readily available through credit files. How would you advise I challenge this? I've asked them in every which way to provide details of the contract, but they refuse to. Even though they promised to 'look into it' when I promised to pay £5 a month as a 'good will gesture' whilst they were researching it. I think they've forgotten about that and just left it.

[adridude]

Hi,

 

Bankfodder commented on a case which I'm dealing ith and it seems that I'm deadlocked.

 

He/she indicated they'd personally like to see such cases to go to court..

 

I'm willing to be a martyr for the cause...

 

It's all outlined here: http://www.consumeractiongroup.co.uk/forum/showthread.php?381285-Three-charged-for-over-40-days-of-barred-time

 

I didnt mean to duplicate threads, but it went quiet, and I'm poised for legal battle. I need as much advise as possible. I will keep this case as public as possible, and and more than happy to share any results with CAG.

 

Thanks

 

A

[citizenB]

I will send S.O.S on your behalf