Mobile Phone Contracts

walmergreen

Hi
I took an Orange non contract (or what I thought was a NON CONTRACT), 15 pounds per month SIM, whilst deciding on which company to renew my contract with. I used the SIM for 2 months, and then stopped using it, as I had then taken a new contract with another company.

I received a demand for payment 8 months later for over one hundred pounds from Orange. I rang them and they insisted there was a contract between us, but it was a monthly one, and that I need to cancel it by contracting them.

I then wrote to them (recorded delivery) stating that I did not consider that there was a contract between us, but I was willing to consider their position, if they showed me any contract that they thought existed between us.

Since then, I have just had a blunt demand for payment from a crowd called Northern Debt Recovery, which threatens legal action within one week. I have had no response from Orange to my recorded delivery letter requesting information.

I have no paperwork telling me that there is a contract between us, I have not had any paperwork detailing the terms of the agreement. They may have sent something with the SIM when it was delivered, but I certainly did not sign anything, nor return anything to them.

Any advice on the next step would be gratefully received.

Cheers

Jon_01

If you took out a sim only contract, they are in fact a contract. But on a 30 day rolling basis. As with all contracts you have to give 30 days notice to end, not just stop paying.

Orange are right and you need to pay them (or their collection agent) or your credit file will be trashed due to none payment.
You are deemed to have accepted the contract by using the service that Orange gave.

No way out, sorry...

DarkConvict

Agreed with Jon 01, if you were on a SimOnly Pay £15 a month, that is still a contract, but one which you give 30 days to cancel, at any point, it is not PAYG. Usually you will get a phonecall aafter 1-2 missed payments but they don't have to. You will have to pay up, your credit file will already have missed payments and if it goes to a debt collection agency probably a default aswell for the next 6 years.

Edit

Are Northern Debt Recovery acting on behalf of orange, or have they said they own the debt? You can delay action by sending a prove it letter - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2
But if it was a simonly contract, you owe the money and i would ighly advise you pay it. Have a look at your credit report and if there is a default i would agree to pay on the agreement the default is removed.

walmergreen

Thanks to all
Cheers

robt_2

I find it staggering that in that eight months you didn't receive a single reminder to pay. Was the demand to pay from Orange or had they passed it on to a collecting agency?