Cancelling contract by cancelling direct debit

[Deactivated] on 04/07/2014 - 23:09

ok, when leaviing to come to australia I had a mobile phone plan, i rang them up and tried to cancel and was told i couldn't but they put me on the lowest available tariff. and i was promised by the girl on the phone that when my minimum term was completed then the contract would be cancelled.

fast forward about 3 years and i check my english bank account to see that a direct debit from Orange (the phone network) was still be taken from my account each month. not wanting to call their customer service from over here, i simply cancelled the direct debit on my online banking.

3 months later my parents back home opened letters from orange demanding payment for the money from direct debits they had tried to take.

i called them up and said that when i originally left the country i was promised that the contract would be cancelled after the minimum term and they they actually owe me money not the other way around. after being passed to 2-3 other people they finally agreed that they they would cancel my contract officially and process a refund of all money taken from my account after the date my original contract minimum term expired…

all good… nope..

now my parents are getting debt collection agency letters demanding the money. we contacted these guys and explainied the situation, who contacted orange and we got another letter from the debt collection agency saying no agreement had been made re: refund and we still owed money.

i realise things could work differently here, but what can i do?

Mobile

Comments

  • Cheeper on 04/07/2014 - 23:22

    As in any country.. you have to cancel the contract and set a mutually agreeable date for it to end and then close your direct debit to coincide with that date.
    You don't just stop the direct debit …. in any country.

    You could have paid the contract out?

    Right now… you owe what you owe. Email them and explain your situation and ask when the account might be able to be closed, after you bring your payments up to date.

    All this was explained to you in your t&c with your contract. It would be the same as the one you have here.

  • cypher67 on 04/07/2014 - 23:32

    If its not in writing don't believe anything they say over the phone. Always request stuff like this in an email otherwise its a hard battle. Id have called orange before cancelling the debt, that was ur biggest mistake.

  • phluffed on 05/07/2014 - 20:26

    Debt collection agencies don't give a damn what you agreed to. They are hired to do a job and unless the company that hired them rescinds the notice, they will keep coming for payment.

    Stopping a direct debit isn't cancelling a contract, it's refusing to pay.

    Your best bet is to contact Orange and explain the situation, saying you closed your UK account as you had left the country and to the best of your knowledge you had no payments going out due to your previous conversation with customer support leading you to believe the contract would be terminated at the end of the 24mths.

    Push for a refund if you want, but they'll likely stand by the "not in writing, doesn't count" and press ahead with collection agency.

  • grasstown on 05/07/2014 - 23:19

    I would contact orange yourself and tell them that the debt collectors are still after you. For orange to sort it out. The writing doesn't matter, in that your point is still arguable. But As I understand it, the debt companies buy the debt from orange at a discounted price, so they are going to continue to hassle you as the money is owed to them not orange. they will not settle for being out of pocket.

  • [Deactivated] on 05/07/2014 - 23:48

    the debt collection people are actually being quite reasonable and are corresponding with Orange on my behalf after i explained my situation.
    i think i was well within my right to cancel the direct debit when i discovered payments still going out of my account months and months after i was told my contract would be cancelled.

    i have told orange that i will take the issue up with the UK telecommunications ombudsman if they don't resolve the situation shortly.

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