Letter from Restons on old orange debt

[brianmosar]

Hi,

 

I hope you can help me with this question.

 

My Mrs had an Orange mobile plan @£40 per month back in 2009.

 

After paying for 3 months the service dropped and she refused to pay the monthly balance

based on the fact that she wasn’t getting the service she was paying for.

 

Orange did not get back in contact and its now been over 4 years.

 

Orange does not charge interest or fees on missed payments as part of their terms.

 

On in June 2013

my Mrs received a letter from Restons solicitors,

in the letter it states that there is a personal matter that they need to discuss with her.

 

It also asked for the receiver of the letter to help them locate my Mrs if it wasn’t her.

Nothing else was stated or given in the letter

 

I’ve looked into this and from what I've found Restons work closely with Arrow Global

and we believe from what we've seen Arrow Global is a debt collector on behalf of Orange.

 

We’re quite sure that this is about the Orange phone bill that is still outstanding,

but she has no other debt or has never had a loan.

She only has a credit card which she pays off in full each month with no problem.

 

My understanding is that £40 per month for 24 months – 3 months of paid bills = £840

 

My questions are these...

 

1 - We haven’t had a CCJ or anything imposed. Do we get told if there is a CCJ/Cort order etc?

2 - Can Restons charge interest on this sum even if the original debt to Orange does not have any charges or fees?

3 - We do not own any properties, just vehicles. What can they do? We’re willing to pay it off in full if the amount is £840. Will they accept this?

 

It seems like such a small amount for a solicitors to get involved with...

 

Any help would be great.

 

Thanks

Edited June 29, 2013 by brianmosar
spacing

[dx100uk]

prestons are solicitors for hire.

 

i'd get her cra file and check its not been sold to arrows.

as they can be rather sneaky and sent papers to old addresses.

 

see below for CRa file details

[brianmosar]

Hi, Nothings on the CRA file, we have one from Experian and Noddles one...

 

Thanks

[dx100uk]

imho then ignore it.

 

you sure it was from 2009?

 

that should be showing if it a real debt

 

dx

[brianmosar]

Hi.

 

Thats exactly what we thought, but there was nothing there. Nothing shows. Do you think it could be a possible identity miss match and they just scatter mailed anyone with the same name hoping they will find the right one?

[dx100uk]

not unheard of

 

can you scan it up:

 

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 using paint program

but leave all monetary figures and dates.

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

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

try www.pdfescape.com TO BLANK STUFF,

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

or

DO IT IN MSPAINT.EXE or any photo editing program

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

http://freejpgtopdf.com/

..

if you have multiple scans/pics

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

or use 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 full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

.

dx

[brianmosar]

We've just checked on Noddle and there is a default with arrow global for £191. I also did a CCJ check on all of our addresses from TrustOnline and there is nothing registered.

 

Any ideas on what the final payment could be including charges etc if there are any?

 

Thanks

[dx100uk]

who says you owe it...we need to gather info first

 

what is the default date on the cra file?

 

dx

[brianmosar]

who says you owe it...we need to gather info first

 

what is the default date on the cra file?

 

dx

 

Hi,

 

The account defaulted back in November 2010 for £191 and the creditor is Arrow Global.

 

It appears that no additional costs have been added and it was stopped at £191.

 

Am I correct in assuming this?

 

Also Orange do not charge interest or fees for any late payments.

 

So am I right I'm thinking Arrow or Restons cannot charge interest as its not in the original agreed contract?

 

Noddle image is attached.

 

Thank you!

 

[ATTACH=CONFIG]44860[/ATTACH]

[brianmosar]

here is a photobucket link for a larger image

 

i1293.photobucket.com/albums/b594/brianmosar/default_zps7fb1df4e.jpg

 

Thanks

Edited June 30, 2013 by brianmosar

[dx100uk]

attach a PDF file

 

dx

[brianmosar]

pdf attached [ATTACH=CONFIG]44862[/ATTACH][ATTACH=CONFIG]44862[/ATTACH]

[dx100uk]

ok default date is 21/1/8 so it wont vanish till 11/14

 

you mention previous addresses

if peston wrote to you at you current address

they know it

so they have no excuse for serving papers elsewhere, even if it were a phishing letter.

 

its rare for them to go for a CCJ on such a small value

but, they can add stat int at 8% from date of debt till the stettlement of a ccj if they went for one

 

and no, they cannot, legally add any penalty fees.

 

if this debt is not harming you

then i'd sit tight.

 

can you fathom out the last payment

as that would have been upto 6mts before the default date I suspect

 

that will be your 6yrs statute barring date.

 

dx

[brianmosar]

Hi yes they must know the address. Also is the 8% per year or month? And can they charge it even if there is no ccj?

 

And what's the 6 year bar?

 

Thanks

[dx100uk]

stat int is section 69 8%APR.

they cant charge ANYTHING unless they file for court.

 

statute barring is after 6yrs since the last payment...

the debt in E&W becomes un-enforceable in a court of law [though they can ask for payment]

in scotland, after 5yrs the debt is extinguished totally dead gone

 

dx

[brianmosar]

Do you think they will charge a fee after the £ 191 + 8.5% for 3 years? If so how much can they charge?

 

Thanks

[dx100uk]

I have said nowhere they can charge anything now.

 

if you pay them

it will stay defaulted on your cra file for a further 6yrs

 

pers as this was just a phishing letter

i'd ignore them

 

you are guessing far too much here.

 

arrows are a dca

they are NOT BAILIFFS

 

and have no such legal powers

 

they buy lemon debts for pennies

and try and fleece people for the full debt

 

IF IT WERE ENFORCEBLE ORANGE WOULD HAVE HAD YOU IN COURT YEARS AGO..

 

so it must be a stupid cancellation charge by orange

and they know they'll never be able to enforce it

 

unless you need this off her CRA fil in the next 12mts

 

then i'd await the next letter

 

you'll prob find it will be a discount one.

 

so proves the debt is a lemon.

 

I suggest you go read a few threads in this forum.

 

get wise ...not be mugged

 

dx

[brianmosar]

I have said nowhere they can charge anything now.

 

if you pay them

it will stay defaulted on your cra file for a further 6yrs

 

pers as this was just a phishing letter

i'd ignore them

 

you are guessing far too much here.

 

arrows are a dca

they are NOT BAILIFFS

 

and have no such legal powers

 

they buy lemon debts for pennies

and try and fleece people for the full debt

 

IF IT WERE ENFORCEBLE ORANGE WOULD HAVE HAD YOU IN COURT YEARS AGO..

 

so it must be a stupid cancellation charge by orange

and they know they'll never be able to enforce it

 

unless you need this off her CRA fil in the next 12mts

 

then i'd await the next letter

 

you'll prob find it will be a discount one.

 

so proves the debt is a lemon.

 

I suggest you go read a few threads in this forum.

 

get wise ...not be mugged

 

dx

 

Thanks for all the advice. I agree, I think we'll wait and see what happens.

 

Thanks

[dx100uk]

yep

 

dx