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    • thread title updated please complete this: and post up the defence you filed too    not sure where you got that from... is this the same issue? Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group  
    • thanks for bothering to update us after all the free help.... dx  
    • Hi all,  I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue? I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
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Orange/EE Postal Address for Settlement Offer


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I'm asking for advice on behalf of my partner. He has a 3(ish) year old debt with Orange regarding a contract mobile phone he took out.

 

He took out the phone/contract then after a few months sold it as he was struggling to manage his finances and stopped paying the monthly bill.

 

He was repaying the debt via his DMP with Step Change as it was passed to a couple of DCA's. It was passed back to Orange/EE a few months a go and Step Change were unable to make the repayments.

 

He rang Orange/EE and asked for details to where he could repay his debt as it is included in his DMP but they said he would have to wait for it to be passed to another DCA.

 

Low and behold, he still heard nothing. Eventually, he rang Orange/EE again last week asking the same question and was told they would accept a settlement of £31. They said they only wanted to cover the cost of the handset. I told him to repeatedly ask them if that was a full and final settlement and them nor any other organisation would enforce or pursue for the remainder, and he would be free from any liability. They agreed to all this on the phone but were pretty sketchy when he said he needed confirmation and agreement of this offer in writing. They did say they would send a letter but as yet he has not had anything, and I don't think he will.

 

Obviously, I've told him the importance of not making any payment until everything is in writing. So he has written a letter but we cannot find any postal addresses to send it to.

 

Does anyone have a postal address we can send this letter to?

 

What happens if we cannot find an address, therefore cannot send the letter, and he receives no letter from Orange/EE? What happens if they do not pass the debt on again so repayments can be started again? I'm worried of nothing happening for months/years then a letter through the door from a court. What evidence would he have that he has tried to repay? He definitely does not want a CCJ and he would not be able to repay it off in full within 28 days, if it did go to court.

 

Honestly feel like I've hit a brick wall with this one.

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  • 2 weeks later...

Received a reply from the email address, thank you so much!

 

But.. in the email it states:

 

"After checking the above account and contacting the Collections Team, I confirm the remaining outstanding balance is £30.65 following a previous payment of £25.47. Although the balance had been written off pending potential transfer to another Debt Collection Agency providing payment is received prior to that, the account will be classed as settled with no further action.

 

Please contact the Collections Team To confirm and make payment. Once payment has cleared this will also update with the Credit Referrals Team and the account will show as settled with the credit reference agencies. Although the account will show as settled, the initial default will remain."

 

I am confused by "the balance has been written off pending potential transfer to another Debt Collection Agency providing payment is received prior to that".

 

Does this mean that if the payment is made, the account will be settled and no other organisation can chase it as all liability will be released? OR is it quite the opposite?

 

My partner wants to make the payment knowing that the debt will be history and he will not be chased for the remaining balance. Will this be evidence if, at a later date he is chased for the remaining balance, that he account has been settled?

 

Any advice is hugely appreciated!

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If they mark a default as settled then there's no point them doing it. The defaults still there.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If they mark a default as settled then there's no point them doing it. The defaults still there.

 

I know the default will still be there, it will drop off on it's 6th birthday and the damage from that is already done. That is not our main priority right now.

 

What I am struggling with is that the email is not clear enough to me that if payment is made, the remaining balance will not be chased (by themselves or somebody else). I'm hoping I'm just a little stupid and someone can advise me that the email will be sufficent evidence to stop any future organizations or a court from pursuing the remaining (or should I say written off) balance.

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