car sold while still on finance with out consent

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you Bluebottle ,I have told Orange and they still won`t have any of it they are still insisting I had the phone also the lady I spoke to in executive office of Orange said that I ignored numerous bills that had been sent to me ,I have never received any bills only in July from the debt collector who`m I telephoned straight away and informed them it was not my mobile ,and the rest you know about .I`m just waiting to hear from T-mobile now to see what they have to say.

And to top all this going on I had phone call from BH asking me about my personal loan which is upto date no defaults ,the gentleman then told me they had stone age computers and an error occured when they done my PPI claim which has been successfull. This has misled my information and now I have been sent a demand lettter for payment ,he did say ignore the letter as it is a bit bad -demanding money which has been paid to date .He could not appologise enough for the error and told me not to worry and it would not go on my credit report.

[bluebottle]

Re: car sold while still on finance with out consent

I think it might be a good idea if you visited your local Law Centre as soon as possible. Orange are seriously pushing their luck. They cannot seem to get into their heads the law requires them to prove you received the phone and the bills. My gut feeling is that Orange will eventually back down when the law is pushed in their faces and they have to face up to the reality that they are legally-responsible for the actions of DLC.

With regard to T-Mobile, I wouldn't worry about them. Wait until any correspondence arrives, come back onto this thread, let us know what they have said and we will see how best to deal with it. You would also be wise to discuss this with your local Law Centre.

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you Bluebottle for your advise,I will be going to my nearest law office tomorrow hopefully.
Unfortunitely have not been able to go see them yet as my partner has been unwell and has needed 24 hr care over past few days but is now feeling much better .

Will let you know soon as I have seen them .

[teaboy2]

Re: car sold while still on finance with out consent

Thank you Bluebottle ,I have told Orange and they still won`t have any of it they are still insisting I had the phone also the lady I spoke to in executive office of Orange said that I ignored numerous bills that had been sent to me ,I have never received any bills only in July from the debt collector who`m I telephoned straight away and informed them it was not my mobile ,and the rest you know about .I`m just waiting to hear from T-mobile now to see what they have to say.

And to top all this going on I had phone call from BH asking me about my personal loan which is upto date no defaults ,the gentleman then told me they had stone age computers and an error occured when they done my PPI claim which has been successfull. This has misled my information and now I have been sent a demand lettter for payment ,he did say ignore the letter as it is a bit bad -demanding money which has been paid to date .He could not appologise enough for the error and told me not to worry and it would not go on my credit report.

Have orange put a default on your credit file for the non payment, which you have now paid to a DCA i belive (or the dca put default on your file for it?) If so, then tell orange that you will be suing them for libel as a result of the libellous and inaccurate recording of data on your credit file, for a debt that was not even yours, also inform them that as you will be suing them for libel it will then be for them to prove you were the debtor and in receipt of the bills and you will strict them to prove you received the bills they alleged they sent to you. But not only that, even if those bills were sent, then they were sent as unsoliticed invoices as you never entered a contract with them and the onus of prove is on them to prove that you did enter a contract, whilst your suing them for libel. It is for the person accused of libel to prove their statements are factual or true, not for the person they are accusing.

[Sapphire]

Re: car sold while still on finance with out consent

I'm wondering if your son went into an Orange shop to get the phone or did it online, just a thought have you asked that question and if it was done online where did they send the phone and the invoices. Also you might ask them for a copy of the signed agreement, if you can prove that the two signatures are different then it might help your case.

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you Teaboy 2 ,to answer- no Orange did not put it on my credit file as mentioned earlier debt company had told me if no payment was made then it would go on my credit file aslo I was informed that bailiffs could be called in to retrieve the debt and as I have never dealt with this type of thing before I thought I had no choice but to pay with it being in my name.

I have had many conversations with Orange also told them that I was seeking legal advise as I did not apply for the said phone and that my identity was stolen with my bank information ,but they still don`t believe me ,

The last three phone calls made was to the executive office at Orange ,they just told only way I will get £500 back is to go to court and get it off my son who done this to me.Orange will take no responsability with what happened ( cowards ).

As I told Bluebottle my son had ordered the mobile phone on line and had used a credit card statement of mine as proof also he had used my information from two banks .

Where he had the phone delivered to I do not know as Orange told me it came to my house which is total lie I have never received a mobile phone at my address,and as my son livesin scotland they must have delivered it there but telling me the opposite.

I have been looking for a law centre in liverpool but there is none ,nearest one is in rochdale so will be making nice journey there.
------------------------------- merged -------------------------------
Thank you Sapphire for your imput, I did ask Orange about a signed contract but they said no contract with singature just credit card statement and 2 proofs of bank details.

[Sapphire]

Re: car sold while still on finance with out consent

Ok so the phone was delivered to you eh ! Well I know for a fact that they are sent out via courier, get back onto them and ask for a copy of the Proof of delivery, if they ummm and ahhhh ask them for the consigment note number and give it to me.
We have our own freight forwarding and courier business and I have access to most of the restricted sides of the courier tracking sites and will look it up for you.

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you Sapphire I will do that .

[fairy dust 49]

Re: car sold while still on finance with out consent

Just one question ,can I request for these over the telephone .Thanks in advance.

[Sapphire]

Re: car sold while still on finance with out consent

You can ask, but I think they will need to contact their despatch department to get the information. Just make sure that you impress to them your need to have the details so that you can investigate whats going on.

[teaboy2]

Re: car sold while still on finance with out consent

Thank you Teaboy 2 ,to answer- no Orange did not put it on my credit file as mentioned earlier debt company had told me if no payment was made then it would go on my credit file aslo I was informed that bailiffs could be called in to retrieve the debt and as I have never dealt with this type of thing before I thought I had no choice but to pay with it being in my name.

I have had many conversations with Orange also told them that I was seeking legal advise as I did not apply for the said phone and that my identity was stolen with my bank information ,but they still don`t believe me ,

The last three phone calls made was to the executive office at Orange ,they just told only way I will get £500 back is to go to court and get it off my son who done this to me.Orange will take no responsability with what happened ( cowards ).

As I told Bluebottle my son had ordered the mobile phone on line and had used a credit card statement of mine as proof also he had used my information from two banks .

Where he had the phone delivered to I do not know as Orange told me it came to my house which is total lie I have never received a mobile phone at my address,and as my son livesin scotland they must have delivered it there but telling me the opposite.

I have been looking for a law centre in liverpool but there is none ,nearest one is in rochdale so will be making nice journey there.

Remind them that as they are alleging the debt was yours and you took the phone that the onus of proof is on them. Ask them for a certified signed copy of the contract and a certified copy of the dispatch note for the phone, when it was sent out. All business include a dispatch note and keep copies when dispatching products - though obviously if your son got it from a shop they will not have a dispatch note. But they will have a sign contract, but i believe, that as he would need proof of ID to get it from the shop, that its more than likely got it online or over the phone in your name. So the dispatch note is what you need a copy of as it will show the address in which it was delivered too - Though certainly ask for a certifield copy of the signed contract too.

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you both so much for the good advise.

[fairy dust 49]

Re: car sold while still on finance with out consent

Hi Sapphire, I have just had a reply via email from the executive office at Orange and they have informed that they do not have signed copy of contract as the order was made over the internet also I have been told by them that they do not keep copies of deliveries or any thing to do with consignment notes.So they are unable to send me any information I requested.

[teaboy2]

Re: car sold while still on finance with out consent

Hi Sapphire, I have just had a reply via email from the executive office at Orange and they have informed that they do not have signed copy of contract as the order was made over the internet also I have been told by them that they do not keep copies of deliveries or any thing to do with consignment notes.So they are unable to send me any information I requested.

In that case asked them, why they are chasing you for a phone contract that was taken out in your name, when you have never seen or even touched the phone in which the contract is connected to. As they clearly have no evidence confirming the phone was received by you our even delievered to you, all they have is evidence that someone took the phone out online in your name. Also ask them why they do not keep records of where the phone is delivered to when you know full well the the order details will have been stored on their sites MySQL database (All websites store such info on the MySQL database) and by the courier company or royal mail itself since it will have likely been sent recorded delivery.

[fairy dust 49]

Re: car sold while still on finance with out consent

Yes I know what you mean Teaboy as when I have spoken to them on the telephone they insist that the phone was delivered here also they can tell me that 2 bank cards of mine were used and to top that the person I spoke to a few weeks ago told me that a utility bill was given as proof of identity,to which I replied that I did not have utility bills in my name as they were in my mothers name only. After informing them of this they then said it was a credit card statement.