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Orange/Arrow/Freds/Bryan Carter

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  • Orange/Arrow/Freds/Bryan Carter

    HI in february I received a letter from Fredrickson claiming their client Arrow Global was owe £2229.27 by myself. I have never heard of Arrow or had any contact from them. I sent a do not acknowledge letter, I then received another letter demanding payment which I reiterated the DNA and added a prove it, i received a letter saying it was being passed back to their client. Last month I got another letter from Freds with an old Orange mobile account statement attached, with a letter basically saying there you go there's your proof. I replied with a letter stating that they have alleged a debt with Arrow but have sent a statement from Orange and that this must be a mistake.
    I'm fully aware that they have probably bought the debt from Orange, howeverI have never received a notification of assignment, or any previous correspondence from Arrow.
    Freds then sent a FREDPAY cardstating I have failed to make acceptable payment proposals on 21st June, today I received a letter from Bryan Carter (Letter before Action) giving me 14 days to pay up.
    I have sent a letter today to both freds and BC stating that for all I know Arrow have picked up a copy of my old orange statement from a dustbin and that they should send proof that they own the alleged debt, along with a copy of the contract signed by myself (recorded delivery)
    The Orange debt was disputed in 2006 with orange when they sold it to Moorcroft and it was passed back to them. I refused to pay over £2000 for one months mobile phone bill aas they were run up by recieving text messages whilst abroad that I had no control over, furthermore I offered to pay for calls made and sms sent but not received and stipulated that they had a duty to limit the total amount of the bill to a reasonable amount, as my usual bill was £50-£100, they had no upper limit on the amount that the bill could have reached and didn't notify me of the increased costs at the time. Since this time the EU have passed a law effectively agreeing with me. I am aware that Mobiles aren't covered by CCA so what other strategy can I use?
    I am still prepared to stand by my original offer to the tune of around £500 over several months, I would prefer to pa this to Orange rather than let Freds/BC Arrow take a cut. Should I expect BC just to file a CCJ? Should I continue to fight Freds/BC asking for proof or just make them the offer that I had made Orange? any help from anyone who has had similar dealings would be greatly received
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  • #2
    Re: Orange/Arrow/Freds/Bryan Carter

    The new EU directive which came into force on April 1st is VERY clear on NOA's. Have a read. Off the top of my head I think it's on page 4.

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    • #3
      Re: Orange/Arrow/Freds/Bryan Carter

      sorry what's NOA? and where can I see the directive?
      Last edited by ej21; 29th June 2011, 22:02:PM.

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      • #4
        Re: Orange/Arrow/Freds/Bryan Carter

        NOA = Notice of Assignment

        and you can find the EU Directive (hang on).......

        http://www.bis.gov.uk/assets/biscore...e-guidance.pdf

        I was close with page 4 - it's actually page 71! lol


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        • #5
          Re: Orange/Arrow/Freds/Bryan Carter

          Many thanks, they've written with a lot of details about the contract and assignment but not enclosed a copy of either as requested.
          Do I have a right to ask for copies of these or do I need to do an SAR to access them?
          I have basically so far said that they could have pulled my statement out of a dustbin for all I knew and neither Orange or Arrow have notified me of the NOA.
          Last edited by ej21; 7th July 2011, 15:58:PM.

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          • #6
            Re: Orange/Arrow/Freds/Bryan Carter

            Originally posted by Caspar View Post
            NOA = Notice of Assignment

            and you can find the EU Directive (hang on).......

            http://www.bis.gov.uk/assets/biscore...e-guidance.pdf

            I was close with page 4 - it's actually page 71! lol



            Don't really help much do they. Was hoping to see something more meaty in that, particularly ref assignment of a prior disputed account

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            • #7
              Re: Orange/Arrow/Freds/Bryan Carter

              Does the Eu directive apply to Mobile contracts? I think its talking about contracts covered by CCA and I'm not sure if mobiles fall into this category.

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              • #8
                Re: Orange/Arrow/Freds/Bryan Carter

                I believe this will be useful to you - EU orders phone firms to HALVE cost of using internet abroad | Mail Online

                I do not think the new directive on mobile charges within the EU has been published as yet, if it has i can not find it.

                I believe if your case went to court the judge would find the contract terms that allowed such charges for text received to be unfair, along with the cancellation fees being unlawful as i believe the OFT v Ashbourne Management services limited high court judgement, will have a big impact on mobile phone contracts too.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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                The Governess; 6th March 2012 GRRRRRR

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                • #9
                  Re: Orange/Arrow/Freds/Bryan Carter

                  I'd also bookmarked this article BBC News - Mobile phone prices in EU face cuts ...

                  Is there a possibility that people will be able to claim back historically excessive charges that they have paid, much like the bank charges reclaim from a few years ago.
                  Would a likely scenario be that the mobile firms would settle out of court as if they lost a case it would open up floodgates for them? I think its a good idea for a case at least worth a letter to the mobile firms based on the EU's stance on it.
                  If I were to do something like this would Arrow be responsible for the liabilities or have they just bought the debt?

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