Reply from moorcroft - still need help!!

stalky

Still trying to help my son with this Debt Recovery Co. I sent a letter on his behalf asking for a true copy of the debt which is supposedly a mobile phone bill from Orange.
The ONLY information on the letter is the following ORANGE COMMUNICATIONS £859. No dates - he had a MOB with them when he was 17, he's now 25!

He is not in receipt of any letters from Orange so he is assuming it is from some years back but I do believe he is entitled to more than you owe so pay up!! I have sent a letter requesting a 'true copy' of the agreement with Orange and a 'true copy' of the bill quoting all the suggested consumer Act's etc and enclosed the £1.00 PO but today I have just received a letter back saying
"NOTE THAT CERTAIN ACCOUNTS ARE EXCLUDED FROM COMPLIANCE WITH PART V OF THE CCA OR ARE NOT IN FACT CREDIT OR HIRE AGREEMENTS AND WE BELIEVE THAT YOUR CLIENT'S ACCOUNT FALLS INOT ONE OF THESE CATEGORIES" We therefore require immediate payment of the sum outstanding or your client's realistic proposals for repayment of the same.

I still believe he is entitled to see the Bill but don't know how to progress from here, these people have stopped phoning my house after I remarked how rude they were being but now we are getting all these various coloured letters. I would appreciate if anyone could suggest a letter I could send, I know if I owed anyone money I would not pay on the information they have sent!

Thanks for looking, would dearly love to sort this out for him to all our benefit

McKneff

My first thought that a contract with a 17 year old is illegal.
Perhaps you could clarify.

If the debt is over 6 years old it is unenforceable if there has been no payment or acknowledgement of the debt from him.

Why is he not doing this himself. Presumably he is a grown man now.

And yes, i agree with you, he should see the bill and the true copy of the original agreement. Stick to your guns.
Good luck.

onlypaddy

I dont think he should assume this debt is his at all!

As he was 17 when with Orange, it would have been illegal for them to give him a contract which is the only way he could have run up a debt. Was the phone contract or pay as you go?

Sounds like a classic fishing move from a Credit Agency and there quite possibly is a person with the same name as your son who owes it.

Either way, if it was from 8 years ago it would be statute barred.

Don't give them a penny

stalky

Thanks, you are quite right he is a 'grown up' but like a great many he shoves the letters in the cupboard and thinks it will go away.

He's been out of the country for some time and has had a contract with Orange since he's been back but they never said he had an outstanding bill!!

Is a phone contract not a 'HIRE AGREEMENT' under the 1974 CCA? I don't mind doing this for him, actually find it quite interesting and do believe he should pay his debts but not with that lack of information. My problem now is which of the many templates to use to see if I can make any progress.

unhappy_with_ecar

It is there responsibility to prove the debt, not yours to prove its not. Tell them to provide proof and that you won't enter into further correspondence until such proof is forthcoming.

Broken_hearted

I would write back telling them it is impossible for him to have had a contract as he was under age and if they continue to chase it you will report them.

GeorgeUK

Yup, you should send the "prove it" letter (if you want to pursue this), and request a copy of the airtime agreement (not a credit agreement hence the CCA part). DCA's don't care who pays them as long as they get their money - it might not even be his debt.

If he hasn't made any payments towards the debt for 6 years then it will probably be statute barred. All you need to do is write informing them of this and they are not allowed to bother you again.

There's a template letter sticky at the top of the page.

McKneff

I have never used a sticky, mainly cos i dont know what or where they are,
for my sake and lots of newbies, could someone explain what and where the stickies are.
(people keep saying at the top of the page, is it the different coloured tabs or what.