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Thread: 3 year old debt being demanded, HELP

  1. #1
    Full Member Big Sig's Avatar
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    Default 3 year old debt being demanded, HELP

    Right, about 3 years ago I had my broadband with wannadoo. They then changed to Orange PCT.

    I would set up a direct debit and they would not collect the money then cut me off. This happened a few times before I left their service. They were then taken over by Orange and I never heard anything from them - until today!

    I had a letter demanding £215ish from a 3rd party debt collection agency or they will take further action.

    Now do I still need to pay for this after all this time? Do these things expire? For example, could any one of us be chased in 10 years time for a small debt we had forgotten about a long time ago?

    really mad as I was with my ex wife at the time and half should be hers but I cannot remember if it was in joint names or not

    help
    Now I need a turbo to keep up!

  2. #2
    Ex Vec-C Admin Deztroyer's Avatar
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    Quote Originally Posted by Big Sig View Post
    Right, about 3 years ago I had my broadband with wannadoo. They then changed to Orange PCT.

    I would set up a direct debit and they would not collect the money then cut me off. This happened a few times before I left their service. They were then taken over by Orange and I never heard anything from them - until today!

    I had a letter demanding £215ish from a 3rd party debt collection agency or they will take further action.

    Now do I still need to pay for this after all this time? Do these things expire? For example, could any one of us be chased in 10 years time for a small debt we had forgotten about a long time ago?

    really mad as I was with my ex wife at the time and half should be hers but I cannot remember if it was in joint names or not

    help
    demand proof of the debt - this would justify the details of whom the debt is owed by

    if you owe the money - best to pay up rather than end up with a ccj or small claims court summons

    0-Large smile ......every time it's driven

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    common thing for them to try and do I had this with an old BT ADSL Connection, after speaking to CAB dept drooped, on thing to check is your credit file it was not on mine which is how I got it dropped but if it is you might have to pay???

  4. #4
    Regular Member boba's Avatar
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    Debts expire after 6 years with no action by the creditor however if the creditor asks for payment and you just don't cough up then the debt doesn't expire at all.

    If the debt is in dispute (ie you have already been asked for the money and you have claimed that you don't owe it) you should write to the debt collector telling them this as it is illegal to follow up a disputed debt in this way.

    If the debt is not in dispute then you should pay rather than face court action. By all means ask for proof of the debt but be aware that the debt collector can add their costs onto the debt for collection.

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    Regular Member SignumPhil's Avatar
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    This generally springs from an old debt being sold onto a debt recovery company. There have been lots of TV programmes about it recently, and lots of them are to do with Orange.
    Write back and ask for paperwork to prove what it was for. Without that they haven't a leg to stand on. Also talk to the CAB or Consumer Direct. They'll have heard of dozens of these, and will know what to do.

    Phil

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    Regular Member Big Knox's Avatar
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    Quote Originally Posted by boba View Post
    Debts expire after 6 years with no action by the creditor however if the creditor asks for payment and you just don't cough up then the debt doesn't expire at all.
    Not quite true. The creditor can write to you all he wants and it doesn't affect it. The 6 years starts ticking when you make a payment or when you last wrote to them and admitted oweing the debt.

    So after 3 years, this debt is still enforeable. By all means ask them for proof of the debt but it sounds like you are aware of it already.

    Would recommend http://www.consumeractiongroup.co.uk/forum/

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    Regular Member SRimonkey's Avatar
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    i had a letter recently for a 10 yr old debt i "apparently" had with vodafone,not that i knew anythin about owing em 70 quid,so if i did it must be from 10 yrs ago cos i been on orange for 10 yrs,mrs fired off a nicely worded email cos i wanted to tell em to shove it, and we had a lovely reply saying they had been instructed by vodafone not to pursue it(we read this as they made a mistake) so we replied asking why they`d decided not to pursue the debt and we never got a reply.....couldn`t own up to making a balls up

  8. #8
    Full Member Big Sig's Avatar
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    I am aware of it but it was all down to them not collecting the direct debits from the account, not from me not paying. It also looks like they have added a few charges of their own on Some good advice coming lads Keep it up

    Although my contract was with wannadoo not Orange. IIRC I have never had Orange supply me broadband and its not showing up on my credit file as I checked a couple of weeks ago.
    Now I need a turbo to keep up!

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    Regular Member solorider's Avatar
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    Default

    as you have had the letter from a debt collectioin agency this means orange has sold them the debt,this means orange no longer has control over it,you could still contact orange stating that you did try to pay and the debt they sold the company are trying to pursue you,you could mention oa breach of contract etc on their part by not trying to take the money from your account when it was available.

    right as to CCJ,s .you cannot get a CCJ for this sort of debt,you can get a CCJ from a credit card or credit agreement or from a unpaid loan.as to the 6 year law,the only way this stands up is if the company failed to contact you at your currant address,but if you moved without informing them then the 6 year rule is not valid,i know from experience,i have to pay a debt dating back 10 years,one good thing about it is i cannot get a CCJ from this and does not go on my credit score,nor will this case against you

  10. #10
    Full Member Big Sig's Avatar
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    Oooo thanks mate I have moved 3 times since the debt was an issue. I had forgotten all about it.

    I am going to call them on monday and ask for written proof of the monies owed and go from there. The way the letter is worded is such that they say that "They see no reason why the money was not collected". Or, they forgot too!
    Now I need a turbo to keep up!

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