Moorcroft/Orange debt collection-advice please

pennysweetjunkie

Long time lurker, first time poster!

History:
Took out a mobile dongle with Orange in May 09 whilst living at a rental property. I had a huge problem to start with because I was mis-sold the product by a 3rd party pretending to be Orange. The mis-sold product was an 18 month contract which I didn't want (as I knew I would be moving away), so managed to get it transferred onto a 30-day rolling contract. I asked at the time how to cancel it when the time came - they said to write a letter of cancellation and post the dongle back to them, wait 30 days and then cancel the direct debit. This is what I did in June/July 2010 (STUPIDLY WITH HINDSIGHT I DIDN'T SEND IT BACK RECORDED!) I moved out of the property at the time of sending it back.

Cut to autumn (October-ish) 2010 and I get a phonecall from 'N/MDR' chasing an outstanding balance on the account. I told them that I had cancelled the dongle and did what I was asked to do my end as a consumer and don't owe them any money. They said they can't cancel the contract as they are just a collections agency and that they would transfer me back to accounts to cancel and tie up the problem. I spoke to somebody and they assured me that the account had been cleared (oh how naive do I feel looking back!)

Then I received a phone call from an AWFUL woman today from Moorcroft Debt Collection saying that they only received this debt from Orange at the end of last week and I now owed them £125. I explained the situation, I had never received any correspondence in writing about this problem as I had moved out of the address (Orange can't possibly think to look at my mobile phone account, that I have never missed a payment on, and is registered to my parents' address and write to me there). I also asked her over and over to ensure that all correspondence was now sent to my current address so I could receive their letters.

I told her I wouldn't be paying her anything until I spoke to Orange and she said not to bother because they would only refer me back to them. So I called them tonight and they said they cannot locate any outstanding fees on the account - they can't even locate the mobile dongle account AT ALL, only my handset mobile phone account and there are no arrears on the account at all. He said I was to call Moorcroft back and say that from Orange's point of view I don't owe anything as they can't even find the account that I supposedly owe on!

Called back and spoke to a young guy who told me that I did still owe them and they can't 'generate this debt from nowhere' and that they only received it at the end of last week so Orange couldn't have cleared it. He also said that 'MDR' IS Moorcroft. I told him that if this is the case then they have actually spoken to me back in October (which his system had no recollection of) and that the debt must've been passed to them way before last week. He said that he would write to me with a payment plan (obviously wasn't listening when I said I wouldn't pay for a phantom account) and that he would get back to Orange to find out where the problem lies. I asked him to confirm my address and he quoted my OLD address and his system had NO recollection of me having asked the previous woman to update my address record. Therefore, any future letters they send out from now would've gone to the OLD address.

So now I don't know where I stand. Would this show up as a default on my credit report if there were a problem, and having been referred to a collections agency, because I've just checked my experian and everything is still green on there - no late payments or anything (and I understand it might need time to update but my credit card balance is correct as of Monday 7th Feb).

What do I do now? I know that I should only communicate with these people via letter so that everything is recorded but that feels like such a long winded process with the back and forth and I don't want them to issue a CCJ against my name and harm my credit rating that I have worked hard to maintain. Especially for a debt that Orange can't even locate!

Any advice on my rights would be most helpful

barbiedoll

First of all, DO NOT bother ringing Moorcroft any more. As you have already found, they will be absolutely no use to you on the phone, their only aim is to get you to pay up, trying to reason with them is completely pointless. Any contact with them should be in writing only, make sure that you keep a copy of any letters that you send them and keep all letters that you receive too.

Your next step should be to send the "prove-it" letter here...

http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Don't sign it, and do make sure that you send it by recorded delivery. Moorcroft will have to come up with some form of proof of the debt. Remember, it may not even be your debt anyway, if you have a fairly common name, they could just be trying it on. They will probably send a long list of phone bills etc but don't be bamboozled, if you have cancelled the contract and Orange have no record of any debt then hopefully Moorcroft will crawl back into the woodwork and leave you alone.
If you get a lot of phone calls from them, hassling you about this, do let us know....we have a letter to deal with that too.
Good luck!

Orange_Company_Representative

Hi pennysweetjunkie

I was sorry to read about your recent experiences. Although we can't take personal information via this forum, if you send us your details via Twitter or Facebook I'd be happy to look into this for you.

I hope we can help.

Darren from Orange Helpers
http://twitter.com/orangehelpers
http://www.facebook.com/OrangeUK

Ziggazee

Sorry to hijack this thread, but I'm having a similar problem to this. I took out a mobile dongle contract with T-Mobile over a 24 month period. Close to the end of the period I contacted them to be advised I would have to write to them 30 days before the contract was due to end confirming I did not wish this to continue. I did so, and like pennysweetjunkie, failed to send this Recorded Delivery. I also cancelled my Direct Debit.

I am now being harassed by Moorcroft both in writing and over the telephone. I have told them I do not believe I owe money to T-Mobile however, they will not accept this. I have attempted to contact T-Mobile on numerous occasions but seem to be constantly placed on hold and then cut off. I have emailed them and received a response asking me to ring them, which I have attempted again without success.

I'm just wondering how far Moorcroft are likely to take this. I am getting nowhere with T-Mobile and am in two minds whether to just ignore them in the hope they get fed up and stop pestering.

Ziggazee

The alleged debt is around £25, that's what's making me wonder whether they'll even bother taking it further. I might attempt to get in touch with T-Mobile again and argue the toss.
My Vodafone mobile contract is up for renewal in March of this year and before all this hassle I was thinking of transferring to T-Mobile as they have a good deal I want. I have made some noises about this in my emails to them so I'm hopeful this may sway things in my favour.
What I'm more worried about is something in another thread about Moorcroft possibly turning up at my door. I'm often out at work and my teenage son is in the house alone, he'd be worried to death if they turned up :-(

pennysweetjunkie

Update:

Just received a letter from Moorcroft stating that I must pay £215.64 (the original debt stated is £125) by 08/03 otherwise they have no alternative than to recommend to their client that solicitors issue legal action against me.

What do I do now? Do I try and contact Orange again on the phone and see if they can even find this debt or do I just stick to putting everything in writing to Moorcroft saying I do not acknowledge the debt? Surely being at this stage is considered a default no? Why is it not showing on my credit report underneath my Orange contracts?

Any help is greatly appreciated

thechippy

pennysweetjunkie wrote: »

Update:

Just received a letter from Moorcroft stating that I must pay £215.64 (the original debt stated is £125) by 08/03 otherwise they have no alternative than to recommend to their client that solicitors issue legal action against me.

What do I do now? Do I try and contact Orange again on the phone and see if they can even find this debt or do I just stick to putting everything in writing to Moorcroft saying I do not acknowledge the debt? Surely being at this stage is considered a default no? Why is it not showing on my credit report underneath my Orange contracts?

Any help is greatly appreciated

Did you send the prove it letter as suggested by barbie?

Moroncroft are idiots at the best of times....

pennysweetjunkie

Not yet. I don't have a printer and my work are completely anal about printing personal items on their printers. I need to get to an internet cafe this weekend. I will send it recorded and see what they say. If they can't produce my terms and conditions, what usually would happen next? Would they back off or still hound me for the money?

thechippy

pennysweetjunkie wrote: »

Not yet. I don't have a printer and my work are completely anal about printing personal items on their printers. I need to get to an internet cafe this weekend. I will send it recorded and see what they say. If they can't produce my terms and conditions, what usually would happen next? Would they back off or still hound me for the money?

Just send the letter asap and tell us what they come back with. We can go from there...;)

pennysweetjunkie

Just received an update from Moorcroft

Balance: £125.64
'I write in response to your recent communication in relation to the above account and can confirm we have been in contact with Orange Personal COmmunications who have advised us that this account was activated on line with Orange on the 14.07.09 on a minimum term contract of 18 months. The contract was due to end on the 13.01.11. You did not give 30 days notice to cancel the contract and this was disconnected for non payment on the 29.12.10.

You made payments on this account by direct debit and also a personal credit card which is in your name. We do not consider this account o be fraudulent due to the fact that you have been receiving bills to your address each month and you have been making payments by direct debit and credit card in your name. You remain liable for the full outstanding balance on this account which is correct and due for payment.

I can also confirm that I have placed this account on hold for 2 weeks and request you make contact with our call centre on the above telephone number to discuss a repayment proposal you can afford and maintain. Please be aware that if contact is not made within this timescale our follow up of this account will recommence.

If you are unhappy with the information provided please contact us by return or provide additional information in relation to your query.'

OK a couple of points -

I didn't have an 18 month contract - I originally had an 18 month contract that was missold to me by the agent so I managed to change the contract terms to a 30 day rolling contract over the phone with Orange, although I never received any written communication to confirm this so they may have never applied it.

I also have never made a payment on this account by credit or debit card - only ever direct debit so that is a lie.

I was also not receiving any bills for this account after I had cancelled the direct debit or any correspondence because they apparently never received my letter of cancellation so once I'd moved out of the rented property, I never knew that this account was outstanding until Moorcroft got in contact.

What do I do from here. Any help on phrasing a letter would be most appreciated

brokeinlondon

did they actually include anything with this letter? this letter is not what i would call "proof"!