NCO/Westminster Solicitors

oscar007

Hi,

I was wanting a bit of advice. My boyfriend had a calling card from NCO Europe saying someone was going to call, they never did. He then got a letter from them stating they were working on behalf of Orange to recover just over £300 - it had an 8 digit reference number on it.

My boyfriend did have an Orange contract about 15 months ago but as he lost the phone, he stupidly stopped paying the bill - the last bill he got was November for about £160 but with a different 8 digit reference number on it to the letter from NCO.

To confuse it more, a few months ago a debt collector for Provident spoke to him about a debt with Peoples Phone from more than 6 years ago that they had bought from the phone company but my boyfriend states he has not had a mobile phone contract since this Orange one. This dated debt has now gone away and does not show on his credit report. I assumed the letter from NCO (with it not having the correct Orange reference on it) was also from this dated debt so told him to ignore it.

Through the post this morning came a letter from Westminster Solicitors stating to pay the debt in full within 7 days, call NCO to discuss payment options, or he will be taken to court.

I called NCO after the last letter but it just said to leave a message and I wanted to speak to someone about it so I left it. I don't want to acknowledge the debt if it is dated (as I got advised from Debtline).

So i am wanting to know if NCO/Westminster will be able to tell me when the amount was defaulted and also if they really will take it further. Also, can they add interest onto the amount as we won't be able to pay it all back straight away - probably only about £20/month which they may not accept?

Another point to note is that since the last bill sent in November, whereby which time he had missed 3 months payments, he has not had any further correspondance from Orange even to say they are referring it to debt collection.

DarkConvict

With regards to the 6 year debt, whilst you do not hear about it, if it comes up again send - http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

They can add interest where it is allowed in the terms and conditions, i do not believe mobile contracts have an interest cause so its very unlikely they can charge interest or add collection charges. He would need to get a copy of his terms and conditions.
This is stated here -http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

2.10 Examples of unfair practices are as follows:
a. claiming collection costs from a debtor in the absence of express
contractual or other legal provision

The best letter to send is prove it letter, - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

Do not speak to them on the phone, they are bullies and twist what you say. Keep everything in writing, if they keep ringing send the harassment letter (+ DPA bit too) - http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

oscar007

Thanks for that!

I think he has the original agreement he signed for the phone so I will read through that. The problem is the letter is dated 16th Feb and it is 20th today so by the time they get a letter from us they may start court proceedings.

Have you dealt with NCO before and do you think they would agreed to a payment plan?

DarkConvict

I haven't heard of NCO, nor personally dealt with any DCA. I've been lucky so far in my life.

Key words are 'may' start court proceedings. They are unlikely to do so when u are seeking proof of the debt, as them providing no evidence to your liability to this debt is a perfect defence to submit if they do start it.