Cancellation on Mobile

NinjaCat

Hi,
I bought SIM only deal from Orange(now a part of EE, Sep 2013 over therr telephone marketing. After I agreed to buy the service, I checked the details again and I was not happy, so I sent the cancellation letter and the unopened, unused SIM card to them within 10 days The cooling off period should apply. Also the same day, I cancelled the direct debt, so luckily no money was taken by Orange for this deal. 2 months later, they sent me a letter, saying there will be a early termination fee, so better to be in contract. I wrote to them, there should be cooling off period apply, so please cancel. They kept me in the contract until next Mar, since then, they chase up the bill of £130 with early termination fee. They sold the debt(but debt? never agreed by me) to debt collecting companies, have been keeping chasing me until now. I explained to them the details again and again, I cancelled the service within the cooling off period. Now, they said they received the letter late, it was 1 month later (lier!) so they insists I owed the connection service until they disconnect and early termination fee. I heard if I sent the letter within the cooling off period, doesn't matter if the letter was received out of cooling off period. Unfortunately I sent with normal post, not recorded. Although my copy of letter, the date I wrote was within cooling off period, I can't have a !!!!!! that I sent on that day. Are there any way to deal with this? Please help!!!

cono1717

They sold the debt(but debt? never agreed by me) to debt collecting companies

They wouldn't need your agreement to send to debt collections, just FYI.

What class did you send the letter? Ideally a proof of postage would be helpful here, did you buy the stamp or pay for postage on your card at the post office?

takman

Considering that you don't have any proof of postage I doubt you will get very far with this.

Why didn't you ring up and cancel considering that you bought the contract over the phone in the first place!.

JJ_Egan

OP see your identical post .

bris

Back dating a letter is not going to get you off the hook. Having proof of postage on the date would.
As far as they are concerned you missed the cooling off period and unless you can prove otherwise you are snookered.

NinjaCat

Thank you for replies...

I sent the email to them, that I wanted to cancel, that was within 7 days after purchase. They have replied, "contact this no.". It doesn't show my intention to cancel, and treated as the cancellation letter?

NinjaCat

I called them, then they said, you cannot cancel because this is 12 months contract. The person didn't know about the cooling off period. They didn't have clear cancellation information in T&C either, it was so hard to get hold of them.

DoaM

WRITE to Orange/EE and the Debt Collector saying that the debt is denied, the contract was cancelled, and any further action will be vigorously defended. Include (if you can) copies of the email, their reply, and an extract from a phone bill showing you making the phone call to cancel.

Also to the DC ... tell them that as the debt is denied they must return it to their principal (Orange/EE) and must cease and desist any further contact with you. Any further contact will be deemed harassment and may be pursued accordingly via the courts for damages.

Don't assume that Orange/EE actually sold the debt ... they may have simply engaged a DC company to chase the debt.

NinjaCat

DoaM wrote: »

WRITE to Orange/EE and the Debt Collector saying that the debt is denied, the contract was cancelled, and any further action will be vigorously defended. Include (if you can) copies of the email, their reply, and an extract from a phone bill showing you making the phone call to cancel.

Also to the DC ... tell them that as the debt is denied they must return it to their principal (Orange/EE) and must cease and desist any further contact with you. Any further contact will be deemed harassment and may be pursued accordingly via the courts for damages.

Don't assume that Orange/EE actually sold the debt ... they may have simply engaged a DC company to chase the debt.

Thank you for reply. I sent the similar letter before, but they don't give up. Changing to another Dect collecting company to chase me for this only £130 thing.

This time, DC said, "They (Orange/EE) said, without verbal communication, they cannot cancel the contract", they always create something.

In the beginning, they kept saying they didn't have any record of receiving the letter with regard to cancellation from me. So I sent the copy of letter that I had received from them they received my cancellation letter and the product. Then, they came back, "OK, we received your cancellation letter but it was late and out of cooling off period (so, where was my letter then? Royal Mail took more than 2 weeks to deliver the letter?). So always, they came back and created new things to say. It's been almost 3-4 years.

Lucky thing is that I cancelled the direct debit just after purchased, any money was not taken, no damage for me (I think, even for Orange/EE they doesn't have damage) but dealing these letters, I have spent so many hours wasted.

takman

NinjaCat wrote: »

Thank you for reply. I sent the similar letter before, but they don't give up. Changing to another Dect collecting company to chase me for this only £130 thing.

This time, DC said, "They (Orange/EE) said, without verbal communication, they cannot cancel the contract", they always create something.

In the beginning, they kept saying they didn't have any record of receiving the letter with regard to cancellation from me. So I sent the copy of letter that I had received from them they received my cancellation letter and the product. Then, they came back, "OK, we received your cancellation letter but it was late and out of cooling off period (so, where was my letter then? Royal Mail took more than 2 weeks to deliver the letter?). So always, they came back and created new things to say. It's been almost 3-4 years.

Lucky thing is that I cancelled the direct debit just after purchased, any money was not taken, no damage for me (I think, even for Orange/EE they doesn't have damage) but dealing these letters, I have spent so many hours wasted.

Have you recently checked your credit report? It will probably be riddled with missed payments and a default from them, which will cause you alot of trouble when you apply for any credit in the futute.