Really need advice

baileywoos

We've ignored a company chasing my husband for a mobile phone contract debt from approx 5 years ago but we've recieved a letter now saying that they intend to, without further notice
Apply for a Decree for payment which could be enforced by way of an earnings Arrestment
OR
Instruct a Debt Collection Agent to visit your home.

Any advice as to what we should do?
I can't imagine they'd send an agent when they see that we live in the Highlands and quite rural and even if they did I don't imagine anyone will be brave enough to come down the lane.
Should we send a letter off to get a copy of the credit agreement?
Would this information give us the exact default date?
Akso, should this letter be sent to the collection agency or Orange? (who we have no contact details of)?

Any advice is greatly appreciated

Horace

Hi - sorry I don't know but I am bumping your thread in the hope that others will read it.

GeorgeUK

If you are in Scotland, the debt may be statute barred if you have made no payments for 5 years or acknowledged the debt in writing.

There will be no credit agreement if it is for a mobile phone contract, but you could send the "prove it" letter as they should prove that the debt is owed before seeking payment. If they can provide a copy of the airtime agreement, this may be enough.

baileywoos

Thanks for that.
Although we now live in Scotland the contract was from when we were living in England.
I guess we'll have to try the letter and see what they produce.

RAS

Baileywoos

If this debt was taken out under English law, they cannot take you to court under Scottish law. In fact threatening to do so is against OFT Guidelines.

I would be tempted to ignore them and then raise the point if it ever gets as far as court proceeding start, as they have nnot a cat in hell's chance of succeeding.

Olivia_Jones

I too would just ignore it,as i dont think they will pursue it,they are just threatening you in the hope that you will pay up.

baileywoos

RAS wrote: »

Baileywoos

If this debt was taken out under English law, they cannot take you to court under Scottish law. In fact threatening to do so is against OFT Guidelines.

I would be tempted to ignore them and then raise the point if it ever gets as far as court proceeding start, as they have nnot a cat in hell's chance of succeeding.

Ooooo. How do we know that they are trying to do it under Scottish Law? Is it in the wording of the letter??
That's very interesting.

GeorgeUK

A Decree is the Scottish equivalent of an CCJ.

Well spotted RAS.

baileywoos

That's very interesting to know. Thank you.

I shall ignore the letter and see how far they take it.

Thank you again. I'm sure I'll be seeking further advice if they try to take it any further.