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

[buzby]

I'm afraid a third party website is no substitute looking after your own interests. HTC have no 'inside track' into resolving problems - indeed, communications referred through them could be treated as spam by the recipients and never seen the light of day, so thinking you have done your bit to resolving the issue is wide of the mark. Deal with the organ grinder directly (not a far-removed monkey).

 

Next, they do not have to produce paperwork - I don;t know why you feel this is relevant. Depending on the time and type of arrangement the data available will diminish. Being threatened with court proceedings is part of the collection process.

 

I would seriously doubt this would actually take place, and I certainly treat such threats with the contempt it deserves. Mobile networks seldom take customers to court for amounts under £800 (the debts are sold on instead). Since you dispute the premise of the debt, surely you would welcome going to court? You could then provide a complete rebuttal of their claim, AND you can counter claim against them, so it is a win-win situation.

 

As to your last point. They are NOT denying 'what you are saying'. They may not agree with your side of the story, but this is certainly NOT the same as calling you a liar. Currently it remains a dispute and a difference of opinion. They may have some information that to their eyes prove you took out the agreements - find out what this is and overturn it.

 

In the meantime - get the CRA on your side, get them to query it with the network and half your battle will be over!

[Guest Orange Response]

Hi woody1066,

I work for Orange and would like to investigate this for you. Please send an email to customer.services@orange.co.uk, including your personal contact details and username from this site, and I will give you a call to discuss.

In order that your email is forwarded to me quickly, please add "Jonathan Orange Response" in the subject field and also in the first line of your mail.

Kind regards,

Jonathan

Orange Response Team

[woody1066]

I'm afraid a third party website is no substitute looking after your own interests. HTC have no 'inside track' into resolving problems - indeed, communications referred through them could be treated as spam by the recipients and never seen the light of day, so thinking you have done your bit to resolving the issue is wide of the mark. Deal with the organ grinder directly (not a far-removed monkey).

 

Next, they do not have to produce paperwork - I don;t know why you feel this is relevant. Depending on the time and type of arrangement the data available will diminish. Being threatened with court proceedings is part of the collection process.

 

I would seriously doubt this would actually take place, and I certainly treat such threats with the contempt it deserves. Mobile networks seldom take customers to court for amounts under £800 (the debts are sold on instead). Since you dispute the premise of the debt, surely you would welcome going to court? You could then provide a complete rebuttal of their claim, AND you can counter claim against them, so it is a win-win situation.

 

As to your last point. They are NOT denying 'what you are saying'. They may not agree with your side of the story, but this is certainly NOT the same as calling you a liar. Currently it remains a dispute and a difference of opinion. They may have some information that to their eyes prove you took out the agreements - find out what this is and overturn it.

 

In the meantime - get the CRA on your side, get them to query it with the network and half your battle will be over!

 

Very intersting the bit about them not having to produce paperwork to prove the debt. So what that implies is that I have to prove that I dont owe the debt which seems to be a contradiction of the fundamentals of british law,. How can I prove I dont owe something?

[woody1066]

I have received the usual threatograms from Crapquest with regards to a couple of Orange mobile phone debts that I dont know anything about.

 

I have ignored their puerile threats up to now but as they are threatning me with court action

(bring it on) is it worth sending them a CPUTR,

 

Any thoughts on this?

[silverfox1961]

Hi

I would carry on ignoring them but I would check your credit file to make sure they haven't placed any nasties on there.

 

You should also report them to the OFT as the guidelines state that they should be sure of the debtor before contacting them

[woody1066]

I have had several letters form capquest for an old mobile phone debt from Orange (which I know nothing about).

 

Up to now I have chosen to ignore their phishing exercises,

 

but the latest letter tells me that unless I contact them in 10 days they will start court proceedings against me.

 

I was wondering if this is the time to hit them with a CUPTR request?

 

I appreciate that mobile phone debts are not covered by the CCA but would love to get these leeches off my back.

[Jam_Buttie]

Does their letter say they WILL start Court proceedings? Or that they MAY, COULD, WOULD, CONSIDER, INSTRUCT etc, etc...?

[woody1066]

I qoute:

"As a result of your failure to address the issue of repayment of the above balance we have desided to pursue the recovery of the debt through the courts"

 

Sounds like a will to me

[Bazooka Boo]

They will never go anywhere near a court, continue to ignore them, it is a tin pot mobile phone debt that you don't owe, they will be laughed out of court if they are ever so foolish enough to try it.

[woody1066]

I have received a threatogram from Capquest with regards to a very old mobile phone debt that I know nothing about.

 

The debt will be statute barred very soon.

 

They make specific threats that they intend to take me to court.

 

If somebody tells me how i will post the letter on here.

 

Is it time to hit them with a CUPTR request?

[fkofilee]

No... Only if it goes legal do you do that... You need to SAR Orange and check the legality of the debt against Capquest...

[ims21]

I have received a threatogram from Capquest with regards to a very old mobile phone debt that I know nothing about. The debt will be statute barred very soon. They make specific threats that they intend to take me to court. If somebody tells me how i will post the letter on here.

 

Is it time to hit them with a CUPTR request?

 

Hi woody

 

You can use this method by dx100uk to post up the documents but please make sure you remove all personal identifiers first.

 

No need to send anything to anyone yet....can we see the letter first please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAGicon in the title

i'e Default notice DDicon-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

 

 

Are you 100% sure this is SB and if so can you say why?

[woody1066]

There you go. I am not sure that it is statute barred

[ims21]

Ok thanks for that.

 

Does this account feature on your credit file?

 

I mis read your opening post about the SB business but you have said that it will be SB very soon. How soon?

 

Can you tell us the full story behind this please?

[woody1066]

This goes back to 2009 when somebody took out a mobile phone contract with my details in Wales (I dont live anywhere near wales).

 

I have disputed it with Orange (asked them for proof etc) but they do not want to know.

 

This does show on my credit file as having defaulted in 2009 but as I have never made a payment on this then I dont know when it becomes statute barred

[ims21]

Have you ever done anything about reporting this identity theft to the authorities?

 

How long have you known about this?

 

How long ago was this correspondence with Orange?

 

Sorry for all the questions...just want to make sure we can get you the best help.

[woody1066]

Tried telling the police - got treated as if I had asked them for some weed.

 

Emailed Orange's MD he replied saying it was correct.

 

Then i kinda ignored it TBH.

 

It's only when i got the threatogram from capquest that I came on here.

 

The las conversation I had with Orange was about 3 years ago

[ims21]

OK hang in there...I'll see if I can get some info on reporting this since it is a while ago now. Back in a bit.

[citizenB]

So do you have any details of this account at all ? Other than how much is owed and the date of set up ?

 

Were any payments ever made to the account.. If so, how.. through a direct debit ? when did it go into default - will they have records of calls made ?

 

These are all things you can ask if and when they issue a claim. You should be able to send a Subject Access Request to Orange for all information using the accoutn reference. You might be able to spot something that will confirm this wasnt you.

 

It will cost you £10.00 and they have 40 calendar days in which to respond. The sooner you do this the better because they will drag it out for the 40 days.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

 

Unfortunately if the accoutn was only opened in 2009 then it will not be statute barred

 

Aha.. I have just seen that it defaulted in 2009.. so the SAR should show when the accoutn was opened.

Edited May 7, 2014 by citizenB

[citizenB]

Have you tried emailing Action Fraud ?

[woody1066]

I will try action fraud but I remain sceptical. Instead of paying £10 for a SAR can I not get the same information with a CUPTR request as they have said they are taking me to court?

[dx100uk]

several threads merged for you on the same issue.

 

dx

[woody1066]

Thanks Dx

[citizenB]

I will try action fraud but I remain sceptical. Instead of paying £10 for a SAR can I not get the same information with a CUPTR request as they have said they are taking me to court?

 

Do you mean a CPR request ? You would only be able to request documents via CPR that are mentioned on the claim form. In order to frustrated "debtors", claimants are making their claims extremely vague - so you might not be able to.

 

An SAR will provide everything that Orange have regarding this account and you would be more likely to obtain somethign that will prove they are in the wrong.

[woody1066]

Ok guys I really need your help now.

 

I have received a county court claim form.

 

I need to defend this.

 

I am pretty sure that this is not only my debt but is close to being Statute barred