covered under Credit Consumer

[killer205]

Evening All,

 

Can anyone tell me is a mobile phone contract covered under Credit Consumer, if not could someone what covers a phone contract.

 

 

 

Thank

[locutus]

It's a service agreement... contract law governs it.

 

Post your problem and see if someone can help.

[killer205]

thank you,

 

I had a mobile phone contract with orange last year, but in May 2012 I lost my job and was unable to afford it. soon as I lost my job I rang orange to tell them that I cant afford the contract and the guy said we can put you account on hold you just need to make little payments, it has now been passed to the debt collection agency but they are sending letters to my parents house but I no longer live at my parents house and I only get my mail every 7-8 weeks.

 

They are now demanding £768 and threatening to send a door step collector I did send the CCA letter but they just sent it back to me, is there anymore steps I can take as I can not afford this bill and I don't want to give them my address I am still unemployed.

 

Thanks

[Peterbard]

Gosh £768 for a mobile phone agreement !!!

 

Phone contracts in themselves are not covered by the CCA because they are not credit, if the order was placed on line the appropriate legislation would be the distance selling regs, and thereafter the sale of goods act.

However it sounds to me like yo may have agreed to buy a phone on credit as well as pay the rental, IF this is true there should be a contract for the credit.

Do you have any of the paperwork from the time you took out the agreement.

[killer205]

I had the phone from them on contract, but what distance selling regulations apply to this?

[Peterbard]

Distance selling regulations, apply to all none credit agreements taken out by remote means, or via phone or over the internet.

 

You need to have a look at the contract that was supplied, was this a credit agreement or was it a hire agreement, until you know this you do not know which avenue to pursue.

 

Did they itemize this debt ?

[killer205]

No itemize just the debt letter stating I owe that, I cant find my contract agreement.

[Peterbard]

Then you need to tel them that you are not prepared to enter into discussion regarding alleged debts and unproven accounts.

 

You require a copy of the initial agreement regulated or no, and an up-to date statement showing sums paid, sums due and including any interest/default charges.

 

Say that until you receive this you cannot possibly consider thier request for payment, you can also say that further contact by telephone would be pointless until this information is provided, and if it persists would be harassment and may be reported to the relevant authorities.

[locutus]

I would personally follow their complaints code listed here and ask them to honour what was agreed in the phone conversation. (I would personally request this from the CEO [email protected])

 

Also check your credit file. If this appears as a default on your credit file there is little point into agreeing to pay anything unless removal of the default is agreed by them.

 

As you have seen, conversations over the phone can be denied easily. Stay off the phone and keep correspondence in writing.

 

If they phone you, and something is agreed, tell them you want that in writing before you part with any money.

[killer205]

Then you need to tel them that you are not prepared to enter into discussion regarding alleged debts and unproven accounts.

 

You require a copy of the initial agreement regulated or no, and an up-to date statement showing sums paid, sums due and including any interest/default charges.

 

Say that until you receive this you cannot possibly consider thier request for payment, you can also say that further contact by telephone would be pointless until this information is provided, and if it persists would be harassment and may be reported to the relevant authorities.

 

 

thanks for your advise dodgeball, I am just typing out a letter now where you have said "regulated or no" is that all I need to write?

 

Thanks