Debt Managers Ltd

eseexEIE

Hi there,

On 25 May i received a letter from the above company saying they will instruct their doorstep agents to call at your address unless I call and pay the debt of around £200.

The debt is due to Orange, of which I've never had an account with.

I then sent them the CCA request letter on 31 May.

On 8 June i received a letter back from them, saying that this debt relates to an Orange mobile phone contract and is not governed by CCA Act 1974.

Is this correct?

DCFC79

Why not ask for proof the debt is yours eg a signature on a contract if taken out in a shop.

eseexEIE

DCFC79 wrote: »

Why not ask for proof the debt is yours eg a signature on a contract if taken out in a shop.

isn't that what the CCA letter asks for?

bargainbetty

It is typical to ignore a letter if it is not specific enough or they think they can bamboozle you.

Write again, stating that you do not acknowledge the debt etc.... request proof of the contract agreement which will provide evidence of the ownership of the debt. This, regardless of the CCA Act, is essential to them in chasing the money. They have to prove the debt is yours. If they cannot, they are required by law to update the records and leave you alone.

Restate the bits about the illegality of chasing people who they cannot prove are the debtors. Tell them they still have 14 days to respond, providing proof of the ownership of the debt.

Also tell them that you revoke their perceived right of access to visit your property, and they will only be permitted to attend by appointment. You refuse to make any such appointment. If they attend your property without your consent and in breach of the law, you will take all necessary steps to remove them, including summoning the police.

Print your name, don't sign it.

Unless is it a court-appointed baliff, they have less rights than the postman.

Good luck.

DCFC79

eseexEIE wrote: »

isn't that what the CCA letter asks for?

I dont know, apologies if it does.

fermi

eseexEIE wrote: »

isn't that what the CCA letter asks for?

No. It asks for a copy of the Consumer Credit Agreement.

As mobile phone contracts are not consumer credit agreements, asking for a copy of one in a letter is going to get you that sort of "brush off" response.

Instead, if you are going to write at all, then:

- State that you have never had an account with Orange.
- You are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
- And that under the same, it is unfair to pursue third parties for payment when they are not liable.
- Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
- You demand that no further contact be made concerning the above accounts, except to confirm that the matter is closed.
- You await written confirmation that this matter is now closed. Otherwise you will have no option but to make a complaint to the trading standards department and report their actions to the OFT.

eseexEIE

Hi again,

I thought this had been cleared up as I hadn't heard from them for a few months and then I open the post on Friday to a letter from Debt Managers Ltd!

They have enclosed a copy of a statement from Orange with my name and address that I lived at in 2005.

The initial debt on 1 March 2006 was £488.04 but there has been small deductions stated on the statement as 'NCO DCA Payment' between June and August 2006.

Any advice on what to do now would be much appreciated.

bargainbetty

Repeat what Fermi said, and put in bold the bit that states any further attempt to pursue you for a debt that is not yours will be immediately reported to all the relevant regulatory authorities as harassment and malpractice - then report them.

Apples2

Did you have an account with Orange or not?
Opening post says no but they have all your details as if it were a valid debt.

They are cutting it very fine for an almost SB debt.

MentalMinnie

Was the contract taken out WHILST you were actually living at that address? You need to find out how the contract was taken out i.e. purchased online, over the phone etc. Who where you living with back then? Is it possible they took the phone out in your name? My mum did that once to me.