Statute barring on PLC debts?

jjpk

Hi,

Last April I lost my phone while out and the next morning someone phoned my girlfriend from it claiming they had it and wanted to meet to give it back. Story short, this never happened so I barred it and then later found they had made £1200 of calls to Europe and Africa in 24 hours. Orange claimed I was liable and despite assuring them I was a student and could not pay them they demanded a payment plan of £200/month. I went to Ofcom/CISAS about this after having written to Orange but after a long time they said my application had failed because Orange claimed I had not gone through their complaints department (despite having their reply). Anyway, I ignored all calls from dept companies and had not heard anything of it until now I am receiving calls from NCO Europe.

Am I right in saying if I make no contact with them and do not acknowledge my debt for 6 years it will become statute barred and they can no longer claim it from me?

Or will I receive a court summons at some point?

I do not feel I am liable for the debt and Orange have been extremely unhelpful in the matter so are not getting my money if I can avoid it.

Any advice would be appreciated.

Thanks

J

Tixy

If Orange/the debt collector did not take action for 6years then it would become statute barred. But in all likelihood they probably will take court action long before that date (a friend of mine has a CCJ from Orange for around £180).

How long ago since this occured?/since you wrote to ofcom etc to complain?

Are you certain there isn't already a CCJ for this debt? if you have moved house since and not kept orange informed of your new address then you may already have a CCJ.

jjpk

It has now been a year almost to the day and it is only today that I received a missed call from NCO Europe. I contacted Ofcom about 1 or 2 months after the incident but they said they could not take the dispute forward because I had not complained to Orange (but i did) and when I sent another letter to Orange it was ignored.

I have moved house since but have not received anything about a CCJ.
Is there anyway to check?

Thanks

mo786uk

check your credit report. orange have probably put a black mark on it. and any CCJs should show up I think.

5 years is a long time to wait for statue barring

presumably if you feel you are innocent you can defend yourself in court. did you report the theft to the Police etc?

neil277

jjpk wrote: »

Hi,

Last April I lost my phone while out and the next morning someone phoned my girlfriend from it claiming they had it and wanted to meet to give it back. Story short, this never happened so I barred it and then later found they had made £1200 of calls to Europe and Africa in 24 hours. Orange claimed I was liable and despite assuring them I was a student and could not pay them they demanded a payment plan of £200/month. I went to Ofcom/CISAS about this after having written to Orange but after a long time they said my application had failed because Orange claimed I had not gone through their complaints department (despite having their reply). Anyway, I ignored all calls from dept companies and had not heard anything of it until now I am receiving calls from NCO Europe.

Am I right in saying if I make no contact with them and do not acknowledge my debt for 6 years it will become statute barred and they can no longer claim it from me?

Or will I receive a court summons at some point?

I do not feel I am liable for the debt and Orange have been extremely unhelpful in the matter so are not getting my money if I can avoid it.

Any advice would be appreciated.

Thanks

J

Don't go down this road do you have home insurance that will cover your phone? I had not gone through their complaints department 8 weeks i think did you report this to the police

neil277

jjpk wrote: »

Hi,

Last April I lost my phone while out and the next morning someone phoned my girlfriend from it claiming they had it and wanted to meet to give it back. Story short, this never happened so I barred it and then later found they had made £1200 of calls to Europe and Africa in 24 hours. Orange claimed I was liable and despite assuring them I was a student and could not pay them they demanded a payment plan of £200/month. I went to Ofcom/CISAS about this after having written to Orange but after a long time they said my application had failed because Orange claimed I had not gone through their complaints department (despite having their reply). Anyway, I ignored all calls from dept companies and had not heard anything of it until now I am receiving calls from NCO Europe.

Am I right in saying if I make no contact with them and do not acknowledge my debt for 6 years it will become statute barred and they can no longer claim it from me?

Or will I receive a court summons at some point?

I do not feel I am liable for the debt and Orange have been extremely unhelpful in the matter so are not getting my money if I can avoid it.

Any advice would be appreciated.

Thanks

J

No ccj if they have not taken you to court just a default.

jjpk

I have heard nothing about a CCJ. I did not report it to the police because I lost it. I did not think it was stolen. I only realised when i got my phone bill what had happened. I checked my credit report about 4 months ago and it did not mention anything about a CCJ.
Any ideas what the best course of action is?