Being Chased For Non Existant £22 Wanadoo/Orange Debt By Debt Agency

westv · 14 January 2009 at 10:41PM

Near the end of December I had a call at work from someone claiming that they were collecting a debt I was supposed to owe Orange. I knew nothing of this supposed debt so rang Orange. I was last with them in September 2006 when I had their bb. I then swapped over to Sky. They claimed the debt was from 15th October (when i was with Sky). The first person I spoke to at Orange was not that helpful and claimed I swapped providers on 1st November. However, whilst the person claimed I had been chased for the amount I am 100% confident I never was. However I did remember at the time that after I cancelled the Orange BB I had assumed the direct debits would cease. They did not. I had to ring them in order to get it cancelled. I think I did this in November 06. The second person I spoke to was far more helpful. They confirmed that there was no debt and said that the problem had arisen becasuse someone their end hadn't logged the account as being closed at the right time - or something similar to that. He then said he would draft a letter to confirm nothing was outstanding. I received this at the end of December and then promptly rang the t.ossers debt collection agency to ask how they wished this to be sent to them. They advised by email and that was done the same day.
This evening I have now received another letter from them asking again for payment and advising that, if they do not receive payment, they will consider taking legal action. I will ring them tomorrow and advise that if they do not desist with immediate effect it is they who will be subject to legal action.

Merlinexcalibur · 15 January 2009 at 6:27AM

Who is the DCA out of interest? Also, I'd save yourself a lot of hassle by not phoning them. As you've found it gets nowhere and you may as well be talking to robots. They only want to hear one thing and that is your card number to make payment. Words like 'agreement, consumer law' aren't in their vocabulary and probably don't even know what they mean anyway.

Orange are a complete and utter nightmare. Especially on the phone.

Please don't feel I am telling you to suck eggs which I am not but ...

I will ring them tomorrow and advise that if they do not desist with immediate effect it is they who will be subject to legal action.

Don't waste money on a phone call. Write. Then it's more legal and you have a record. For starters the DCA has to prove you owe any money. If they can't then they can go screw themselves.

As you've found, all you will get off Orange - I've had it - is the run around. One person will say one thing, the next will deny it ever took place. And round, round it goes in circles. I refuse to touch anything with Orange ever again.

So, the rule here is the chasing DCA must prove you owe this debt. So, unless they can provide a hard copy of something eg a bill which proves beyond doubt the debt exists - not just 'say' it is and hope you'll cough up just like they do with others - they can do nothing. If they went to court with it ... and couldn't. How would they look?

You could always try OFCOM, or the FOS. In fact, I'd contact FOS anyway to get the twonkers fined for harassing you over a non-existent debt.

Merlinexcalibur · 15 January 2009 at 6:31AM

Ah! Just had a brainwave! The £22? Does it say what this is for? Is it your usual monthly fee to W/Orange? If not, it just occured to me that it could be the DCA's evil fees for having to write to you to collect the money. As you may know, they do this and it's not on. The contract for collecting a debt isn't between you and them for example. So you aren't liable for costs ie pay their fees. It's all covered somewhere in the OFT collection guidelines. They would then be passing on the fees for collection to you as a debtor. Which you aren't. And aren't in anyway legally obliged to pay. So, unless it's a monthly fee, it may be worth your while finding out what it's for. If it says on the letter.

fatou256 · 15 January 2009 at 9:30AM

sorry to hear your problem west i think you should do a subject acess request to this DCA to find out exactly if the debt is yours or not.

as merlin said dont; bother calling them you will onle get abuser from them , keep everything in writing and send everything recorded delivery with this on the top "i do not acknowlwdge any debt to your company or any other company that you wish to represent ."

Being Chased For Non Existant £22 Wanadoo/Orange Debt By Debt Agency

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