DIRECT DEBITS

[mummylou85]

I stupidily signed a 24 month contract with orange £25 a month. the phone is dodgy from start can't get no signal on it and keeps switching itself off so I am not using it. I did take it in and they basically said tough because I didn't buy insurance. that is not fair if I bought it and it's dodgy.

anyway I am using pay as you go orange now. can I cancel my direct debit??? the phone is in box they can have it back. what happens if I cancel it can they still take direct debit by setting it up again as I am in contract. will the bank charge me by refusing them. really stressed over this. I know I am breeching the contract and I am willing too pay it all off at a resonable sum each month. without using the phone the first bill came in at £34 how did that happen. this vat I was told nothing about vat when I signed up. I am single mum with a 4 year old and a baby on the way I can't afford it xxx

one more question i heard if it's passed to debt collectors the debt will rise day by day. that cant be right can it??????????

I don't think they can still take money from your account if you cancel the direct debit with your bank, but you will definitely be in breach of contract which could affect your credit rating.

And if they pass the debt on to a debt collection company then there is likely to be more charges which can escalate very quickly.

I know very little about mobiles, but would it be possible to use the contract sim in another phone that does work? At least you won't then be paying £25 a month AND pay as you go.

You can't just arbitrarily stop paying. You signed a contract, and they can hold you to that, sending it to debt collectors if necessary.

However - the fact the phone is not working properly is their problem, regardless of whether you bought insurance. The phone has to be "fit for purpose". Has it been faulty since you got it?

Have you checked that other phones on Orange can get a signal where you are? If they can, and the phone was switching off when fully charged, then you need to take it back and quote the Sales of Goods Act; the goods have to be "fit for purpose" and a mobile phone that can't receive a signal (where others can) is clearly not.

PS -the first bill is likely to be higher because it might have been for more than a month; say you took the contract out on 15 Feb, the first bill might well be for 15 Feb - 31 March, so 6 weeks not a month. And VAT is standard, sorry. On £25 VAT would be about £4.38.

You signed a contract.

You have to pay.

They will carry on chasing you even if you cancel the direct debit. So don't do that.

However, they have to fix the problem with the phone. A very underused term is "not fit for purpose".

You bought a phone and it doesnt work.

THey have a legal obligation to repair it within 18 months.

So they can feck off with the "lack of insurance" bollocks I am afraid.

Go back to teh shop and stand your ground.

I am sure Trading Standards website has some standard letters or advice you could use.

I would call rather than go inot the shop tbh, also raise the vat thing as mis-selling.

tell them you have contacted offcom and office of fair trading - you can stop a dd without penalty from bank but orange will be the problem
they will add late payment charges for 4 months then default your credit file then charge you for the whole contract term plus charges try to keep paying until they have resolved the issue if you can

I have tried sim in other phones it wont work. my pay as you go is orange so no problem with that signal. I may search for customer service number as i don't want to pay contract and pay as you go. I don't want to get into debt. my brother reckons the debt will get passed too ballifs instead of debt commectors and I wouldn't want that. wish i never signed the contract, thanks xxx