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Hi, I'm new to this website and I'd appreciate if you could help.
I bought a SIM only (12months minimum contract) from Orange in 2013 over the telephone. They contacted me to sell. I received the email confirming they sent the SIM card to me. After reading the email and details of this SIM card service, I was unhappy and changed my mind. I cancelled within 7 working days by returning the SIM card with cancellation letter. The SIM card was unused, not inserting to the phone, I never used their service. At the same time, I cancelled the direct debit before they start charging, so no money was taken for this deal.
Once month later, I received the letter from Orange saying, they received my request, but I was still in commitment period so I need to pay early termination fee, better to use the service, so contact their customer service to resend the card. I wrote to them, I sent my cancellation request within the cooling off period, no need to pay early termination fee and asked them to cancel. They didn't respond.
They kept me in the contract and the service was disconnected after 6 months. Since then, they sent me the bills and I ignored them saying I cancelled. They sold the issue to Debt Collector Agency. We've been doing this for over 3 years and this is 3rd Agency called Lowell.
In the beginning, Orange said they had no record that I requested the cancellation. So I sent them the copy of the my cancellation letter, also sent the copy of the letter from Orange.
Surprisingly, they started saying Orange received my cancellation letter on that day they wrote a letter to me which 1 month later since I posted, then it was out of cooling off period, so my cancellation is invalid. That means, my letter was hanging around somewhere around 1 month to reach to Orange(or this person's desk), which I don't believe.
My big mistake here is I didn't send by recorded, only 1st, so no record of posting.(but my cancellation letter on the letter was within 7 working days)
So many letter exchanges with Debt collectors........and now....
3rd debt collector Lowell started saying, "to cancel, verbal communication is required", I've never seen this fact before, so I requested them where I can find these rules.
Then they reply,
------
"As Orange have confirmed they cannot cancel the contract without verbal communication this account is for a mobile phone service, mobile phone service contracts are not regulated agreements under the provisions of the Consumer Credit Act 1974. As you’re probably aware, mobile phone service contracts can be obtained over the phone or on the internet and there’s no need to sign an agreement.
Inserting the SIM card and using the service is taken as agreement of the terms and conditions of your agreement."
------
I don't really understand this. I didn't buy it by credit cards but Consumer Credit Act matters to my case? (I contracted them by direct debit). Also I never inserted the SIM card and used the service. I returned it as it was. I told them many times.
Please advise me how I should respond this?
They drive me mad for 3 years for only £130. I thought it's easier to pay to let it go, but I didn't use any service, why should I do that? First they didn't find any record of cancellation, after I sent the copy, they admitted they received. then they said, it was out of cooling off period, then, now new thing, "verbal communication is required"..
I know, because I didn't sent by the recorded delivery, that was a mistake of mine.
At the time I got this SIM card deal, in the confirmation of transaction, they didn't state anything about cooling off period, any right for me to return the product, any details of address or contact to return, (truly, at that time there was no information on the website or papers, emails, even in the term & condition for such for this big company -but they have those information and instruction on the web, but 2013, they didn't), so failing these, do you think I can extend the cooling off period longer? (Consumer Protection Act or Distance Selling Act) Then I will state that too.
Lastly,apologies for these lengthy message and bad writing, but hope you can help me how to tackle this!
I bought a SIM only (12months minimum contract) from Orange in 2013 over the telephone. They contacted me to sell. I received the email confirming they sent the SIM card to me. After reading the email and details of this SIM card service, I was unhappy and changed my mind. I cancelled within 7 working days by returning the SIM card with cancellation letter. The SIM card was unused, not inserting to the phone, I never used their service. At the same time, I cancelled the direct debit before they start charging, so no money was taken for this deal.
Once month later, I received the letter from Orange saying, they received my request, but I was still in commitment period so I need to pay early termination fee, better to use the service, so contact their customer service to resend the card. I wrote to them, I sent my cancellation request within the cooling off period, no need to pay early termination fee and asked them to cancel. They didn't respond.
They kept me in the contract and the service was disconnected after 6 months. Since then, they sent me the bills and I ignored them saying I cancelled. They sold the issue to Debt Collector Agency. We've been doing this for over 3 years and this is 3rd Agency called Lowell.
In the beginning, Orange said they had no record that I requested the cancellation. So I sent them the copy of the my cancellation letter, also sent the copy of the letter from Orange.
Surprisingly, they started saying Orange received my cancellation letter on that day they wrote a letter to me which 1 month later since I posted, then it was out of cooling off period, so my cancellation is invalid. That means, my letter was hanging around somewhere around 1 month to reach to Orange(or this person's desk), which I don't believe.
My big mistake here is I didn't send by recorded, only 1st, so no record of posting.(but my cancellation letter on the letter was within 7 working days)
So many letter exchanges with Debt collectors........and now....
3rd debt collector Lowell started saying, "to cancel, verbal communication is required", I've never seen this fact before, so I requested them where I can find these rules.
Then they reply,
------
"As Orange have confirmed they cannot cancel the contract without verbal communication this account is for a mobile phone service, mobile phone service contracts are not regulated agreements under the provisions of the Consumer Credit Act 1974. As you’re probably aware, mobile phone service contracts can be obtained over the phone or on the internet and there’s no need to sign an agreement.
Inserting the SIM card and using the service is taken as agreement of the terms and conditions of your agreement."
------
I don't really understand this. I didn't buy it by credit cards but Consumer Credit Act matters to my case? (I contracted them by direct debit). Also I never inserted the SIM card and used the service. I returned it as it was. I told them many times.
Please advise me how I should respond this?
They drive me mad for 3 years for only £130. I thought it's easier to pay to let it go, but I didn't use any service, why should I do that? First they didn't find any record of cancellation, after I sent the copy, they admitted they received. then they said, it was out of cooling off period, then, now new thing, "verbal communication is required"..
I know, because I didn't sent by the recorded delivery, that was a mistake of mine.
At the time I got this SIM card deal, in the confirmation of transaction, they didn't state anything about cooling off period, any right for me to return the product, any details of address or contact to return, (truly, at that time there was no information on the website or papers, emails, even in the term & condition for such for this big company -but they have those information and instruction on the web, but 2013, they didn't), so failing these, do you think I can extend the cooling off period longer? (Consumer Protection Act or Distance Selling Act) Then I will state that too.
Lastly,apologies for these lengthy message and bad writing, but hope you can help me how to tackle this!
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