Hi Huckster,

I will definitely look into this for my son whilst it's still fresh my mind. No point in leaving it and then regretting it at a later time when he needs to apply for a loan etc..

Many thanks

Q

queserasera:is there anything that can be done about it now bearing in mind that the debt was cancelled?

Yes, Orange or DLC, whoever has noted the credit record, can rectify the records. Your son would need to get in contact with Orange or DLC again in writing and get them to confirm in writing that they have removed the information. If they did not rectify the records, your son would then have written proof to be able to contact the CRA's directly.

Huckster

Hi Huckster,

At the moment he's unemployed and has no money or equity. So the main worry was obviously to reduce or cancel the debt regardless - especially as it would have been me (for no fault of my own) that was paying for it!

I will indeed get him to check his credit rating as you say this may effect him at some point in the future regarding something like a mortgage. But if a note has been made on his records, is there anything that can be done about it now bearing in mind that the debt was cancelled?

Thanks

queserasera:

If you challenge the Chief Executives office in such situations, they will often write off the accounts. They tend to look at the bigger picture and do not wish to get involved in further correspondence.

In regard to your sons credit record/rating with the Credit Reference Agencies (CRA's), I would suggest that he checks them. The main CRA's are Experian and Equifax, both who offer free trials. Just don't forget to cancel, otherwise he will end up with a subscription.

You or your son may think that he may not have a credit record or that it would not have been noted. This may be the case, but I have read other posts where people have had their records noted by mobile companies and they have only found out when having applications declined for a car loan, mortgage or credit card/bank account.

Huckster

Hopefully this may help someone else faced with the same problem with Orange/DLC.

My son took out an 18 month contarct with Orange 11 months ago on behalf of his 17 year old girlfriend - 3 months later they parted company. Shortly after that he lost his job and could barely pay his own phone bill never mind someone else's. So with her agreement he passed her bank & contact details on to Orange for them to take DD from her bank account in future. He told Orange that if there was any problem with payment could they contact him either on his landline number or his own mobile number.

That was in May 2009, then in October 2009 I received a phone call at home from DLC asking for my son. I had no idea who they were and they wouldn't say what they wanted him for. Afterwards I looked them up on the internet and could see they were a debt collection agency. When they rang back next time I was better prepared and told them he didn't live there permanently if they wanted me to pass on a message they will need to tell me what it is all about.

To cut a long story shorter it was regarding a debt to Orange. I told them they would not have received a reply to reminders if they were being sent to the ex-girlfriends address as he had never actually lived there. They sent a duplicate bill care of my address - it was for £330. Subsequent enquiries made by my son discovered that she hadn't paid anything since June 2009. Reminders had been sent to her address but no response. Orange never once tried to ring my son on his landline or mobile number to let him know about the situation as agreed.

I wrote to DLC in my son's name explaining how the debt had been incurred and I offered to pay £175 myself for full and final clearance of his debt. They wouldn't accept less then £247 from me, and that was only if I paid the money immediately (if payment was to be by installments the full amount would be payable)

My son rang Orange customer services and they didn't want to know, telling him all correspondence must be via DLC not them, and that regardless of the circumstances he had taken out the contract and he must fulfill it.

I did a bit more research on the internet and saw that someone had recommended emailing the executive office at orange. I did this (again in my son's name) explaining exactly the same as what I'd told DLC about the circumstances leading to the debt. I heard nothing and was due to go on holiday the next day, so I left a cheque to DLC in a SAE at home ready to be posted when I gave the say so.

I had internet access whilst abroad so could check up on my emails, I finally got a reply from Orange a few days later, advising my son of his liabilities (which he was fully aware of anyway) but stating in this instance the debt would be cancelled.

Which would be great, but for the fact that my son had taken it upon himself to post the cheque off! (thinking I'd forgetten about it!) We then had to chase DLC up for a refund insisting that Orange had cancelled the debt. It took almost 2 weeks but finally a cheque arrived to pay back my money last week. (the following day a letter arrived from DLC warning my son he would be taken to court for not responding to any of their enquiries which just proves they haven't the foggiest what they are doing. I rang them up - as usual they said they couldn't discuss the case with me. I told them I didn't want to discuss it, just to leave a message - that my son would be ignoring the letter which just made them look stupid to have sent it when they had refunded the payment the day before.

So a very successful conclusion to the whole business I'd say. My son is very very lucky to have had the debt cancelled, and hopefully he won't get himself in the same situation again. Just shows you that you need to contact the right people to get a proper result.

First time writer and feel I need to get this off my chest.

My son has just received a letter from this company wanting £400 plus for an account which was opened in June this year - when he contacted them thay gave some info but not all requested - we told them we would contact Orange to see if we could resolve the matter, we then contacted Orange and the refused to help as we were unable to give the address to which the account was opened -

Oh I forgot to mention, my son did not open the account and has lived in with old mom & dad all his life and yet to move out - when we continued to request info about the account from Orange, they refused to give any info as the debt had been passed on.

We then contacted DLC again informing of the situation, they would not confirm the address as we could not give them it. when I requested how they made the leap from one address to another, they informed they had done checks against my sons name which lead them to my present address - after banging my haed against a brick wall we decided that the next course of action was to report this as identity theft to the local police station - although they were helpful, they would not investigate as the debt was between Orange and the person who signed the contract.

The next thing I believe, is to go to a solicitor and nub this in the bud before it gets any further.

Will let you know how we get on

I myself am familiar with DLC and have found them to be understanding once the situation has been fully explained.

Of course, like any call centre there are a few bad eggs but most people there are reasonable.

They have guidelines to work to like we all do in our jobs and most importantly they have a licence they could lose if they behave inappropriately.

The current climate seems to have had an impact on this company and I for one have been dealt with decently by several people there. I think they have finally realised that there is no use in this day and age in pushing too hard for something unrealistic.

TO ALL DEBITORS OF DLC (DIRECT LEGAL COLLECTIONS) IN RESPECT OF OUTSTANDING ORANGE ACCOUNTS. IMPORTANT PLEASE READ!

DLC are currently breaking the law - you can ALL take them to court for what they are doing.

recieveing daily calls and refusing to come to agreemten is classed as debt harrassment under section 40 (1) of the Administration of Justice Act.

If they have telephoned you daily send them a letter outlined below.

Dear Sir

Re Account number: (insert account number)

I would like to request that you cease all telephone communication to any numbers currently held on file in respect of the above account and hereby notify you that your current daily harrassing calls are contrary to section 40 (1) of the Administration of Justice Act.

I will neither confirm nor deny responsibility for the debt in question unless this harrassment stops. The time, date and frequency of any further telephone contact will be recorded and shared with legal representation should this harrassment not stop.

Any matters of debt which I feel I am responsible for, and are not statue barred, subject to a miss-sold insurance policy, miss-representation of a written credit agreement or under dispute contrary to to section 40 (1) of the Administration of Justice Act, are presently being dealt with on my behalf by an external agent.

I will be happy to pass on all written communication to my agent and as outlined above, If I believe myself to be responsible for the debt in question, an appropriate informal payment agreement, SUBJECT TO MY DISPOSABLE INCOME, will be made by my agent.

Yours faithfully.

From there make a financial statement listing all your income and expenditure - templates for these can be found online, send them a letter offering them ONLY WHAT YOU CAN AFFORD. Enclose the financial statement. By LAW they can not refuse to uphold this - HOWEVER you must not default on this agreement.

IF THEY DO NOT STOP CALLING YOU IMMIDIATELY SEEK ADVICE - STOP ALL CONTACT WRITTEN AND TELEPHONE. THE DEBT CAN BE WIPED AND YOU WILL BE COMPENSATED FOR HARRASSMENT - IMMIDIATELY CONTACT C.A.B AND LET THEM KNOW THIS COMPANY IS HARRASSING YOU - THEY HAVE DLC ON FILE AND MAY BE CURRENTLY INVESTIGATINTG MULTIPLE CLAIMS OF HARRASSMENT.

***** IMPORTANT ***** If the debt is over 5 years oldand you recieve a letter DO NOT RESPOND. This is statue barred and you WILL NO HAVE TO PAY. IF THE DEBT BELONGS TO A DECEASED PERSON DO NOT COMMUNICATE WITH THEM. THERE IS NOTHING THEY CAN DO. CCJS DEFAULTS CAN NOT BE ISSUED TO A PERSON FOR DEBT OF ANOTHER. see internet / cab for further advice taking this post with you if necessary.

That thread is over a year old. !

Here is the successful conclusion to the posters problem.

http://www.moneysupermarket.com/community/forums/t/dlc-direct-legal-amp-collections-11338.aspx

Don't worry or bother with these idiots. You need to go to your local court house and get an administration form. They will take into account the amount of money you have comming in and going out and will arrange for you to pay the court and for the court to pay DLC. Remember the law says you need X-amount to live on depending upon your circumstances so you won't be left with nothing as these idiots would have you do.

God praise Administration forms. DLC & every other Collections agency I have ever come across hate them and hate us even more when we know how they work.

Once you have got your administration form you need to fill it in with all the details it requires including how much you can realistically pay back weekly or monthly. You then take this back to your local court and submit it with any documentation you have to back up your claim.

To be fair its much like applying for housing benefit or council tax benefit, there are always the forms which need to be filled in and the figures need to be verified. The court will then contact you and arrange a meeting to discus the finer details such as how much you have to pay each week or month.

As long as you can repay the debt within 3 years any figure you decide to pay back weekly or monthly will be accepted so keep the repayments realistic..

Heres the fun bit though. You can either wait until DLC or any other collections agency call you (which is much more fun when they threaten you) or you can call them and let them know you have obtained an Administration form and that should they wish to discus the matter further then they will have to talk to the courts as you have obtained an Administration Form. I love the silence it brings. Especially when some silly little idiot is threatening to do all sorts to me if I don't give them the exact amount they want whether I have it or not. The just don't take into consideration that there are people who would much reather pay the debt but just can't. They think were all dodgers

Remember to ask them very nicely not to call you again and warn them that should they harass you further you will be the ones taking them to court and not the other way around.

I loved every minute once I realised that the law was on my side.

You see half my debts were wiped clean when I obtained an Administration Form. I had been struggling to repay my debts after my husband died for over 5 years and all that remained from a few was interest. The court ruled that it was in my interest for the debt to be scrubbed and paid in full.

On a final note, I can't remember whether your debts have to be less than £3000 or £5000 to qualify for an Administration form but there is still hope. If your debts are greater than £3000 or 5000, which ever it is (you will find out when you file for the Administration Form, which costs nothing) then you may have to file for Bankruptcy.

Still the choice is yours eh! NOT THE COLLECTORS (DLC) So do yourself and your mother a favour and vist the courts tomorrow.

paul-wales  Replied to your duplicated question in the other thread you started.

Hi all

 

Sorry please be patient I’ve never had to use these forums before but this weekend it seems to becoming a habit!

 

We need HELP my son has or had an account with Orange. However, a few months ago he went off work (Only an apprenticeship on a very low income and he was just turned eighteen when he took out the contract with Orange immaterial I appreciate but just trying to give as much circumstances as possible) with Severe Depression.

 

Shortly after he contacted Orange to inform them of his financial difficulties and ask for help and advice if I remember right this was 12 July 2007. We have then again written numerous letters but with no contact from Orange or dlc?

 

Oh by the way they say he owes about £430 to date although the phone was cut off months ago and not serviceable which I agree is reasonable. However, they’ve still been putting on the month’s line rental despite the phone not making or receiving calls?

 

My son has now been made unemployed due to severe depression due to bereavement and has no employment or income.

 

Just over a week ago we received a bill from dlc for over £430, I immediately contacted dlc on his behalf and was informed if he paid £327.59 the account would be closed in full a day later I received a further call asking again for another figure. This has continued throughout the week and I have informed them that they can have a one of payment from my credit card (his dad’s) of £200 as that’s all that’s available on it!  As I recently paid for my Dad’s funeral on it.

 

However, this was to clear the account and I want conformation in writing that this would be the case and dlc informed me that they would not put this in writing as it was not policy but I would receive conformation later that the account was paid. However, I have then been contacted this week repeatedly saying £200 would be ok as an interim payment and instalments could be arranged?

 

Therefore, without being rude I had no option but to advice them to take him to court.

 

We have received no communication at all from Orange one to help or advice him and two to inform him the debt had been transferred or sold to dlc.

 

I’m completely out of my depth and hope some one can help a desperate dad help a desperate son? (Sorry but he is and I am)  

 

Also dlc have phoned and phoned and the outstanding settlement appears to change form person to person and the manner is getting more and more worrying!!!!!

Oh it also appears Orange have somehow given my sons new pay as you go Orange telephone number too dlc and they are again stressing him despite being asked to contact me. Surely this contravenes the data protection act as his agreement was with another number completely.

I truly hope someone can help I don’t seem to trust dlc if you require any further information please do not hesitate to ask any questions and I will answer anything honestly.

 

In hope thank you.

Times of your local CAB can be found at www.citizensadvice.org uk. Most branches have telephone advice as well but be prepared to have to keep on calling as they are very busy and if you plan to visit the branch then get there early as their appointments fill up very fast. They also have Advice Guide at www.adviceguide.org.uk. You can download information about debt and some good letter templates that you can use and how to make a financial statement to show your creditors what you are able to pay....Also remember non priority debts have very little power which is why they often use bully boy tactics.

Good luck

Potplant

Thanks, I may just do that if I can find the time, that's the problem at the moment. Pushing for time in some circumstances, I know I should do research on this but any idea on the business hours of Citizens Advice or Debt Counsellors.

Thanks in advance.

I do not know to much about it, so I would ask Citizens advice if I was you.

However I would have thought that if it hasn't gone to court then you may be better off doing that.

If you have made an offer to pay and they have refused to accept it, that isn't going to look good in court. Judges generally don't like companies hassling people for money which is way beyond their means.

See a debt counsellor