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Old phone contract

Hello I was hoping someone could offer some advise on how to proceed with a very old mobile phone contract.
I recently applied for credit and was refused so I checked my credit report, all I could find on it that wasnt good was a very old mobile phone contract from 10 years ago at a house I didn't live at for very long. This account appears to be active on my credit report and showing that I owe £1000. My question would be is this debt statute barred? if so how would I get orange to close this account as it still appears to be open
many thanks for any help
jimi

Comments

  • RAS
    RAS Posts: 34,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unless you have paid or made a written acknowledgement in the last 6 years, or they have a CCJ, this is statute barred.
    If you've have not made a mistake, you've made nothing
  • jimiii
    jimiii Posts: 6 Forumite
    I have not written to them or spoken with them in all this time should i just call and ask them to close it?
  • bottleofred
    bottleofred Posts: 2,902 Forumite
    The debt should definitely be statute barred. I've no idea why it's still on your credit file, but this could be different if it has a ccj attached to it.
    If you've nothing decent to say, perhaps you shouldn't say anything.

    £2 savings jar £300:D
    Total credit card debts £1250:mad::mad::mad::mad::mad: - Will I ever learn!!
  • jimiii
    jimiii Posts: 6 Forumite
    thanks for the replys, I am not aware of any ccj's and none show on my credit file. I did have the orange account and i remember it got cut off because i could not pay the bill, I dont remember it being £1000 but its such a long time ago i struggle to recall any details other than what i have already mentioned
  • jimiii
    jimiii Posts: 6 Forumite
    edited 24 May 2011 pm31 9:22PM
    Any advise on the best way to proceed with this? Should I call or email or write? Offer to pay in instalments or something?
  • jimiii
    jimiii Posts: 6 Forumite
    ok i wrote them a email stating that i did not acknowledge any open account with them or any debt with them and asked if they could provide me with a signed agreement and some proof that i had made a payment or been in contact with them in the last six years if not could they remove this entry from my credit file. All i got in response was a email saying the information is correct? so whats the deal with this clearly any debt would be statute barred so how long can they hold this account open for?
  • king100
    king100 Posts: 1,565 Forumite
    Who did you write to?

    Orange or ?

    You are 100% positive you do not have a CCJ against you?

    Check here http://www.trustonline.org.uk/

    If you have no CCJ on there there isnt one.

    Can you please copy and paste what your credit file states, you could PM me some details sjhould you wish, as I have 1st hand experience of changing credit files, it did take me 2 years to get it correct after threating all sorts of things.

    Do not pay anything at all towards this debt?

    Is a DCA writing to you at all?

    Do you remember the address you were at when this took place, if so you can write to orange and SAR them giving as much detail as what addresses you lived at.

    If the debt is SB then dont worry about saying it could be mine, when it becomes SB there is nothing that will make it unbar.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • king100
    king100 Posts: 1,565 Forumite
    jimiii wrote: »
    ok i wrote them a email stating that i did not acknowledge any open account with them or any debt with them and asked if they could provide me with a signed agreement and some proof that i had made a payment or been in contact with them in the last six years if not could they remove this entry from my credit file. All i got in response was a email saying the information is correct? so whats the deal with this clearly any debt would be statute barred so how long can they hold this account open for?

    It should drop off your file in 6 years from default(roughly), personally sounds like you might have a CCJ but it has been taken out over 6 years ago. Dont worry about this as well as I believe that they would need to reapply to court and would have to have a very very good reason to why they havent enforced the CCJ. This is all if they have one.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • jimiii
    jimiii Posts: 6 Forumite
    edited 9 June 2011 am30 8:29AM
    Hi king100 thanks for taking the time out to reply, I have just checked the website you mentioned and I have no CCJ recorded. I cannot post a copy of the credit file entry as im a new user and so cannot post images :(.
    These are the back and forth emails to date starting with newest first

    Hello manisha Yelekar,

    Thanks for your response, although you have failed to provide me with any of
    the information I requested.
    If you are confident this account is mine and have a signed agreement from
    me consider this email as notification that I would like that account
    closed.

    And in regards to any outstanding debt which I do not acknowledge I would
    point out that under the Limitation Act 1980 Section 5 “an action founded on
    simple contract shall not be brought after the expiration of six years from
    the date on which the cause of action accrued.”

    The last payment of this debt was made over six years ago and no further
    written acknowledgement or payment has been made since that time.

    Unless you can provide evidence of payment by myself or written
    acknowledgement of the debt from me in the relevant period under Section 5
    of the Limitation Act, I suggest that you are no longer able to take any
    court action against me to recover the alleged amount claimed, and should
    you try to proceed with court action I must inform you that I shall
    vigorously defend this action in court citing Section 5 as part of our
    defence.

    The OFT Debt Collection Guidance states that “continuing to press for
    payment after a debtor has stated that they will not be paying a debt
    because it is statue barred could amount to harassment contrary to section
    40 (1) of the Administration of Justice Act 1970”, which again should you
    try and proceed to court I will also use this as a defence.

    We await your written confirmation that no further contact will be made
    concerning the above account and confirmation that this matter is now
    closed.

    regards
    Mr A


    From: Credit, Referrals Inbox
    Sent: Wednesday, June 08, 2011 3:26 PM
    To:
    Subject: RE: Dispute of Contract

    Ref:- MY/13694935/279




    Hello Mr A



    Thank you for your recent email regarding Orange account and the information
    showing on your credit file.



    We have investigated your account and can confirm that all details loaded on
    your credit file about this account is correct.



    However, if you believe this information is incorrect and is the result of
    fraudulent activity then you will have to write to our fraud department
    directly at the following address:



    Orange Fraud Department,

    Top Floor Global House,

    Senhouse Road,

    Darlington,

    DL1 4YB.



    Thank you once again for contacting us and we hope this information is
    helpful.



    Kind Regards,



    manisha Yelekar

    Credit Referral Department





    From:
    Sent: 06 June 2011 17:02
    To: Referrals, Fax Inbox
    Subject: Dispute of Contract



    Dear Sir/Madam



    I have recently checked my credit file and find an open account with orange
    on it. I do not acknowledge any debt or open account with yourselves and
    would ask that you please remove this account from my credit file unless you
    can provide me with a signed agreement from myself and some proof that you
    have been in contact with me and had some form of payment from me in the
    last 6 years.

    The account appears to be at Mr A address removed
    You can contact me at this email address

    Regards

    Mr A



    NOTICE AND DISCLAIMER
    This e-mail (including any attachments) is intended for the above-named
    person(s). If you are not the intended recipient, notify the sender
    immediately, delete this email from your system and do not disclose or use
    for any purpose.

    We may monitor all incoming and outgoing emails in line with current
    legislation. We have taken steps to ensure that this email and attachments
    are free from any virus, but it remains your responsibility to ensure that
    viruses do not adversely affect you.

    Everything Everywhere Limited
    Registered in England and Wales
    Company Registered Number: 02382161
    Registered Office Address: Hatfield Business Park, Hatfield, Hertfordshire,
    AL10 9BW
  • king100
    king100 Posts: 1,565 Forumite
    Not alot you can really do until they send you the details. Follow this up a letter as well.

    You might also want to SAR Orange and get that ball rolling as they have 40 days to reply to that.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
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