Cabot split claim on Dodgy Orange debt - ***Claim Discontinued***

[woody1066]

Had the usual threatograms from moorcroft with regards to an alleged debt to Orange that I know nothing about.

 

I have sent them the prove it letter recorded delivery which they signed for on 24th April.

 

They have ignored this and sent me another threatogram with the usual rubbish about sending people to my house

to take my firstborn child or some such twonk.

 

Is there a standard bugger off this is in dispute letter anywhere?

Edited May 3, 2009 by woody1066
spilling mistoke

[Bazooka Boo]

Is there a standard bugger of this is in dispute letter anywhere?

 

Indeed there is:

If you do receive a doorstep visit we give these suggestions to Members.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

 

 

And for good measure here.

 

 

Happy DCA Bashing:D:D

[woody1066]

I have now sent them a Prove it letter which they have chosen to ignore and have passed the debt to DLL collections

who were phoning me every 2 hours unitil i gave them some lessons in what is legal and what isnt.

 

They have now sent me a threatogram.

 

Is there a "bemused" kind of template letter that I can send to them to say prove it or shut it?

[babybear39]

I have now sent them a Prove it letter which they have chosen to ignore and have passed the debt to DLL collections who were phoning me every 2 hours unitil i gave them some lessons in what is legal and what isnt. They have now sent me a threatogram. Is there a "bemused" kind of template letter that I can send to them to say prove it or shut it?

 

Here's one for you:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

 

Amend to suit, send recorded keeping a copy with your postal receipt, PRINT YOUR NAME DO NOT SIGN IT

[clemma]

That letter will need amending as it was just the "prove it" letter that was sent. Mobile phone contracts don't fall under the CCA1974.

[woody1066]

Thats what I meant. What is my position with regards to this debt? what will constitute proof?

[babybear39]

Request a copy of the final bill. Do you have proof of payment of the account?

 

As clemma says, amend the letter to suit your needs adding this info in.

[Bazooka Boo]

What is my position with regards to this debt? what will constitute proof?

 

As debts with mobile phone contracts don't come under the CCA Act,

unfortunately your only other option is to part with some cash:mad:

 

If after sending the No Acknowledgement letter they are still insistant that you do owe them the alleged debt,

then you will have to send them a Subject Access Request letter and enclose a cheque/postal order for £10.

 

However they will simply provide you with hundreds of 'screen grab' documents,

but will slow them in their tracks,

and if they provide you with documents relating to someone completely different,

then that would be a whole different ball game

and there are suitable letter templates

and complaints you can pursue.

[clemma]

Send the SAR to Orange by the way.

[Helios]

Might be unlawful charges on the account so you can claim them back

 

just take moorcroft with a pinch of salt, all they do is send out standard threatograms which they have no intention of carrying out

[babybear39]

Go through orange if you can as moorcrap double the debt Allegedly...

[woody1066]

Request a copy of the final bill. Do you have proof of payment of the account?

 

As clemma says, amend the letter to suit your needs adding this info in.

 

I know nothing about this debt so it is unlikely that i have made any payments.

 

Let me get this straight, they can hassle me for a debt that I know nothing about, but if I ask them to prove it its going to cost me £10 and they will still trash my credit rating?

[clemma]

I haven't got a letter that fits exactly to your needs, but you could try and amend this one. I'm about to get ready for work so I haven't got time......

 

Dear Sir/madam

 

I really am surprised that xxxxxx doesn't understand the basics of the law and OFT guidelines on Debt collection.

 

I made a request to Orange to prove the alledged debt you claim that I owe. This is a perfectly lawful and reasonable request to make when someone disputes an alledged debt. But you reply basically accusing me of debt avasion. Why?

 

As you will be aware I have a legal right to the information and documents I have requested. You will also be aware without such documents, any legal action you may take will result in your claim being struck out and costs awarded.

 

You will also be aware that I am under no legal obligation whatsoever to supply you with personal information, such as wage slips, bank account details, and employer contact information. Have you not heard of Identity Theft? I will of course be reporting this abuse of authority to the Office of Fair Trading.

 

Your companies behaviour so far has been nothing short of disgraceful and I will have no hesitation in reporting this to the Office of Fair Trading and the The Solicitors Regulation Authority.

 

You have 7 days to comply with my original request. I will not correspond with you further until you do.

 

Please note any court action you try to take will be defended. I will also counter claim, as your demands for payment on an alleged debt you have so far refused to prove exists, will be treated as harassment.

 

I look forward to a prompt reply.

 

Yours Faithfully,

 

Report them to the OFT, FSO and ICO as well. They cannot hassle you for a debt which is not yours. Amend the above letter and send it to the DCA that is chasing you.

Edited May 12, 2009 by clemma
bad spelling.....was too early in the morning :-)

[woody1066]

Thank you, I will ammend and send them that

[woody1066]

Update: letters sent and ignored.

 

Still getting threatograms.

 

I spooke to Orange today who now have the attitude "talk to the dca coz the face aint listening"

 

I am in the process of raising a complaint with CISAS.

 

Anybody had any experience with this organisiation?

[babybear39]

CISAS?

 

You need to be reporting them to TS, OFT and the ICO.

[woody1066]

CISAS?

 

You need to be reporting them to TS, OFT and the ICO.

 

CISAS: Communications & Internet Services Adjudication Scheme

 

Dont worry I am happily reporting them to TS, OFT, ICO, TKMAX, MFI, MI5 and just for good measure - Erectile Dysfunction Institute Offers Confidential Support and Solutions for Men with Impotence | Business Wire | Find Articles at BNET

[babybear39]

CISAS: Communications & Internet Services Adjudication Scheme

 

Dont worry I am happily reporting them to TS, OFT, ICO, TKMAX, MFI, MI5 and just for good measure - Erectile Dysfunction Institute Offers Confidential Support and Solutions for Men with Impotence | Business Wire | Find Articles at BNET

 

 

ROFLMFAO :lol:

[woody1066]

ROFLMFAO :lol:

Do you think they will be too soft on them?

[woody1066]

Quick update. reported moorcroft to OFT who are passing on to TS. Reported Orange to CSIAS.

 

Decided not to report them to TKMAX coz even they have some fashion sense

[woody1066]

I have had a threatogram and a doorstep collector threat from these for a disputed mobile phone debt with orange.

 

I have sent them the bemused letter and the gettoffa moi land letter.

 

Anyone had any dealings with these?

[the_shadow]

I have had a threatogram and a doorstep collector threat from these for a disputed mobile phone debt with orange. I have sent them the bemused letter and the gettoffa moi land letter.

 

Anyone had any dealings with these?

 

Had the usual telephone calls from RMA which I believe is a "part" of NCO, texts, phone calls, letters and postcards threatening visits from a Mr Brown

 

More nuisances than anything else.

 

S.

[woody1066]

Hi all,

 

About 3 years ago I took out a mobile phone contract with orange via phones for you.

I never missed a payment on this contract. Then,

 

about 2 years ago I started to receive bills for another mobile phone and for mobile broadband.

 

I knew nothing of these and phoned orange who eventually said that I was a liar

and that I had taken these out.

 

They then passed these debts to various DCA's (With no notice of assignement or default)

and they have been making mine and my partners life hell.

 

I have repeatedly asked them for proof of these contracts with no response.

They have also placed defaults on my credit files.

 

As mobile phone contracts are not covered by the CCA what can I do?

[buzby]

Things donb;t ring accurate with this.... Orange won;t call you a 'liar' - you would be referred to the fraud department to permit an investigation. You would have called Orange within a month or so of recieving the first bill (I assume) so I'm surprised it got as far as a DCA. If you had done nothing, then yes - the situation your outline would havew been normal.

 

The CCA would not have helped you, even if it applied. You need to get back to Orange and in WRITING, ask them to stop this nonsense and remove the default showing on your credit file. What works against you is that by doing nothing your 'guilt' is assured and trying to wind the clock back difficult (as you are seen to be trying to fix your credit file after-the-event).

 

In addition to writing to Orange, also contact the CRA. State that you know nothing of the account that Orange said you had, and ask for this to be removed." If they refuse, get a 'Notice of Information' added noting thatr you dispute the account and oyu are seeking tis removal.

 

"Orange will be asked to confirm the account WAS yours. If they don't, the default is removed.

[woody1066]

Things donb;t ring accurate with this.... Orange won;t call you a 'liar' - you would be referred to the fraud department to permit an investigation. You would have called Orange within a month or so of recieving the first bill (I assume) so I'm surprised it got as far as a DCA. If you had done nothing, then yes - the situation your outline would havew been normal.

 

The CCA would not have helped you, even if it applied. You need to get back to Orange and in WRITING, ask them to stop this nonsense and remove the default showing on your credit file. What works against you is that by doing nothing your 'guilt' is assured and trying to wind the clock back difficult (as you are seen to be trying to fix your credit file after-the-event).

 

In addition to writing to Orange, also contact the CRA. State that you know nothing of the account that Orange said you had, and ask for this to be removed." If they refuse, get a 'Notice of Information' added noting thatr you dispute the account and oyu are seeking tis removal.

 

"Orange will be asked to confirm the account WAS yours. If they don't, the default is removed.

 

Of course I contacted Orange as soon as I recieved the bills,

in fact I sent them several emails via the howtocomplain website.

 

 

These were ignored and the accounts have been farmed out to several dca's.

 

 

Orange still insist that they are not fraudulent,

but when challenged to produce paperwork to prove this

(under CUPTR regs as I have been threatened with court proceedings)

they fail to do so.

 

I know from previous conversations that one of these accounts was taken out in wales

(approx 150 miles from where I live).

 

 

As far as the calling me a liar bit well if they deny what I am saying is true

then in my world that is calling me a liar