2nd time lucky at posting DCA chasing me

Oliver_S_2

Hi,lets hope this works before i time out.

I bought a Orange mobile phone from them in the later part of 2008.
2 months in the phone died and they replaced that one the next day.
a month later this one develops a fault and same thing happens.
This new phone lasted all of 3 weeks before the screen went purple and black and would randomly turn off mid call.

Call orange and was expecting perfect service like last time.
However this was not the case.
I got told over the phone that this was due to water damage and wasnt subject to their replacement service,I asked what crystal ball she was using when all i said was the symptoms,which i think annoyed her,then she asked me did i take it in the shower with me.
again i flippantly told her i make it a habbit of climbing into the shower to use my phone.
I got offered a refurbished phone for £70.
i questioned her as to why i had to pay when the phone that they say they refurbished before had only lasted 3 weeks?.
water damaged was the reply.
asked if i can get it under my insurance?.
water damaged was the reply.
asked why they had been helpful last 2 times and not now.
account was under 2 months old.
this really got to me so i asked what am i going to do with this phone?
take it back to who supplied it.
when i told her that orange did,she said that i had to take it back to sony as it was nothing to do with orange.
I then tried telling her that orange supplied me with a phone that was not fit for purpose.
We dont make the phones.
by now i was getting really frustrated and on point of swearing at her,so i asked to speak to a senior member.
I am the deptment manager.
Then i tried to get put through to accounts as i was unhappy with this and wanted to cancel my account.
she point blank refused to connect me stating that the account was too new to even consider cancelling it.
then she hung up on me.
i tried calling every month after that for 6 months and kept getting same replys.
so i though i'd leave it for a while and then cancel my DD.
once bank had done that i called back and told them not to bother trying as i cancelled the DD.
the phone and sim are in peices in my sock drawer and not been used in 10 months.

2 months ago I get a DCA,who it turns out is BCW phone me saying that i owed £188 to Orange and if i paid now they would reduce the amount i would need to pay.
I questioned this as i gave orange enough chances to sort the situation out and warning that it had been cancelled.
The first guy was helpful and easy to understand and said he'd freeze my account and give me a month to sort things out with orange.
3 days later another called and said since i refused to deal with other guy i had to give him my bank details and work details to set up a payment plan.
this point i said no and hung up.

I got straight on the phone to orange and basically told nothing they could do as the accounts been closed.

I found a letter on the internet that i copied and used and sent off to bcw telling them to stop harrasment by the phone and that i would pay £5 a month,with a cheque.
as soon as the cashed it i recieved another letter saying that i refused to pay or respond to their letters/calls and that they would send in the heavies for a door step collection and arange a payment plan.

I live with my parents and my dad has just been diagnosed with mnd and i dont want him getting stressed by this.

What can i do?
where do i stand?
can anyone help point me in the right direction to take with this?

Many thanks
Oliver

DarkConvict

You should have taken this case to consumer direct over the goods not been fir for purpose. Orange is wrong in stating to take it to the manufacturer. As they supplied the phone you take it to them to deal with it. In addition you cannot diagnose water damage over the phone. You should have then sought about putting the account in dispute.

The only problem with disputes wit phones is the phone and airtime agreement are separate. So a duff phone means you keep paying monthly.
As to the insurance agurement, if you had it then it would cover the phone to be replaced.

As to DCAs, never ring them, only send them letters. They will mass mail you with threats because it works, just reply back with the harassment letters here - 14.6 - http://forums.moneysavingexpert.com/showpost.html?p=30355953&postcount=7

Oliver_S_2

Hi,Thanks for the reply,sent off a couple of letters to them.
One asking them to stop threatening me and harrassing me,the other asked to show proof that
I owed the money,etc.
Well i have had to replys from buchananclark+wells!
The first one dated 06/09/2010
reads "With regards your request for a signed copy of the original credit agreement between yourself and Orange.
I can advise that,as the agreement in question is not covered by the consumer credit act,this debt is still enforceable in the
absence of the aforementioned document." it goes on to say they have placed a 7 day delay on the account to allow me time
to respond with an offer of repayment

What do they mean? are they just trying to bully me into paying?

the second letter reads "With regard to your recent communication concerning the above account.
I can confirm that I have arranged for a copy of the documentation to be sent to you directly by our clients.
this will be with you as soon as possible"

what does this mean?? are the worried that they sent the first letter out too soon or that this is to cover their backs
by saying that they tried to help me resolve the situation?

many thanks for your help on this matter.

Oli

Oliver_S_2

Anyone? I'm really worried by this. I get a letter nearly everyday now from them?

NorthernLas

Oliver -

Phone contracts are not Credit agreements (they are service agreements, so they are not covered by CCA).

If you sent a 'prove it' letter - i.e. one that asks them to confirm you really do owe them money, then the first letter you got is an error. The second letter suggests that you wait and see what Orange come back with.

Only you know how much you paid and what sort of agreement you had with Orange.

If you are concerned, write BCW another 'prove-it' letter and send it recorded.

Hannah_10

In point of fact they are right, it's a utility debt rather than a credit debt so going through the signed CCA route doesn't really work.

The first letter is just saying they aren't doing anything, the second is saying they're gonna get Orange to send you some stuff to prove you do owe the debt.

There is no need to panic at all, just wait for the stuff to come through from Orange and see what you've got. If you're content to continue paying £5 per month send the payments as they become due. Now that you've aranged to pay it and started to do so stopping is not to your advantage.