Company buys out contract and goes insolvent

BaliffsFriend

I had a contract with orange which I had bought out by a small company called Excell Communications. I let Orange know and they gave me the figures etc, which I gave to Excel.They sent me the forms to sign with all the info from Orange and the transfer of number etc etc. All was good I thought and my new contract started with 3. Well apart from 3 being a nightmare for signal/service and customer service - issues with Direct Debits, cutting off when I had paid - confusion their end and a whole load of inconveniences. I continued in the contract.
My problem is this: They Excell - an independent agent working with 3's authority to get them new customers, Did NOT PAY Orange. Now I begun to receive letters from Orange, saying final bill outstanding. I called and told them it was a buy out all agreed and signed /returned etc. They said ok. Then the next month - Bill. This continued and I complained to Excell. They said it would all be sorted. Now.... Excell is no more.... They went insolvent.
This leaves me - having signed all the paperwork and returned it to Excell almost 18 months ago with a Baliff calling to my house for Orange who want me to pay them.
Where do I stand?
Surely I was party, as was Excell, 3 and Orange to the agreement of the buy out. 3 Got the new contract, which they knew was a buy out, and they surely pay their 'independent' agents, so why am I liable for someone elses debt now....
Help ......:mad:

Earthworm

Unfortunately your problem is in no way related to the two networks you went between. Excell would not have paid Orange the buy out charges directly instead they would have given a cash equivelant to you at point of sale or once the final bill had been produced. This agreement was purely to sign you up to a new contract and not something they would have explained to Orange or Three. As the company is no more I see very little chance of recouping this. If 18 months had not passed there maybe a bit more hope but as it has been this long you may have to bite the bullet and pay the costs. I know it doesn't give you what you're hoping for but the only advice I can give going forward is to always deal with a reputable company. Do research on where you are buying before you make the purchase.

latecomer

You must have something in your paper work which states how the payment would be made. If it says that you would be paid and then had to settle with Orange then its down to you. If it says that Excell would pay the fees then I would get back to Orange as they must have known what was going on.

BaliffsFriend

Got to admit that it seems I was scuppered by another bunch of unscrupulous B..... People! They promised to buy out the contract, I had a bill sent to me from Orange and I sent it on to them to pay it off. Everything looked proper and above board, they are probably running another company doing the same. All the time it seems that they are 'working for' the big companies, who willingly take their deals.... maybe OffCom should look into this 'sales technique' before more people get had for £348... like me! Thanks for your replies though, even if it doesn't seem to help. Reading through the info I can find to hand, it doesn't even mention it, but I am sure there is more somewhere....

Silk

BaliffsFriend wrote: »

This leaves me - having signed all the paperwork and returned it to Excell almost 18 months ago with a Baliff calling to my house for Orange who want me to pay them.
Where do I stand?
Surely I was party, as was Excell, 3 and Orange to the agreement of the buy out. 3 Got the new contract, which they knew was a buy out, and they surely pay their 'independent' agents, so why am I liable for someone elses debt now....
Help ......:mad:

Are you sure it's a Bailiff rather than a debt collector ?
It would have to have gone to court for a bailiff to be appointed.
The other problem is going to be your credit rating ...have you checked this or not ?
I've a feeling there was a lot about Excell and Offcom at the time but thought it was 2 years ago when they folded ...you need to check it out

Guys_Dad

1. Did you transfer your Orange mobile numbers to 3 ? If so, then Orange must have been parties to the transfer.

2. If not, then the fact that Orange supplied transfer papers to Excell and you signed them doesn't mean that the papers were returned to Orange, unless you have any acknowledgement from them.

3. In any event, the paperwork may only have been a settlement figure that you would have to settle with Orange and, as said above, Excell should have given you a cheque to pay them off.

BaliffsFriend

Hi all, I cannot remember the exact date, so Excell could have gone under just after my contract (although I am sure I was on the phone to them for about 4 - 6 months trying to sort this out. They assured me that they were sorting out the figure for Orange, and yes I did change my number from Orange. I never saw or expected to receive anything from Excell as they said they would take care of it. Maybe they knew they were going under and told all their customers at the time they would take care of it, get money in and then fold...grrr.

I was thinking though, do you reckon if I were to talk to Orange now and see if they would take me back on contract from 3 and the owed amount be added to a contract over 2 years?? They would have my business back and get paid over the long run???!!

chanz4

they may do, however wouldn't hold much hope been honest they will want their money first

Guys_Dad

About transferring the number, I want to be clear. Are you or have you used the Orange number on 3? If so, then Orange must have issued a PAC code.

You need to get them to look at and send you a copy of any paperwork that they have re that transfer of number. That's your starting point.