Orange reply to CCA request

[animal_lover]

Could someone tell me if this is right

http://i157.photobucket.com/albums/t...uments-2-1.jpg

[postggj]

what a load of crap and passing the buck

send them an Subject Access Request, make them give you the info they have on you

[animal_lover]

I don't think they will have much on me, as i got the contract through a third party company.

[buzby]

You haven't explained what your problem is. Their letter is quite correct as far as it goes, and the 'third party company' you mention is acting as an agent for Orange, so the contract is valid.

[animal_lover]

I've got a thread about it

Orange charging me for phone i've never had

Thanks

[animal_lover]

Is there anyway i can challenge the default.

Take a look at my thread for info on problems - Never recieved phone
Orange charging me for phone i've never had

Thanks

[animal_lover]

Bump - is there anyone who can help me please

[Hoose]

Originally Posted by animal_lover

I don't think they will have much on me, as i got the contract through a third party company.

without knowing the full terms of your issue, the advice i give here may be wrong.

mobile phone contracts are not covered under the CCA because they are not in fact credit, you are paying to access the service.

going on your original issue which was tarriffs etc. you should have a copy of something called a CIF, or Customer Information Sheet

every independant dealer connecting to the orange network needs to complete and keep these should a contract be called into question like you are doing. if there is no CIF, then Orange will likely claw the commission back from the dealer, however, I do not know the process on the customers side.

can you post the name of the dealer in question, so I can see if:

1) they are a customer of ours ( I work for a mobile retailer)
2) Post your IMEI number (pref via pm)(So i can see if your phone came via my company and if so, what status your contract is in currently.)

If you are uncomfortable with no.2 i can understand completely

Hoose

[animal_lover]

without knowing the full terms of your issue, the advice i give here may be wrong.

mobile phone contracts are not covered under the CCA because they are not in fact credit, you are paying to access the service.

going on your original issue which was tarriffs etc. you should have a copy of something called a CIF, or Customer Information Sheet

every independant dealer connecting to the orange network needs to complete and keep these should a contract be called into question like you are doing. if there is no CIF, then Orange will likely claw the commission back from the dealer, however, I do not know the process on the customers side.

can you post the name of the dealer in question, so I can see if:

1) they are a customer of ours ( I work for a mobile retailer)
2) Post your IMEI number (pref via pm)(So i can see if your phone came via my company and if so, what status your contract is in currently.)

If you are uncomfortable with no.2 i can understand completely

Hoose

Hi Hoose, My problem isn't just with the tariff it's with the fact they have been charging me line rental plus the tariff (which by the way is completely different to the one they told me when i relunctantly agreed to the phone) for a phone i've never recieved. And to add to that recieving a default in the process.

I can ring Orange to find out which company it was as it was last year sometime and i can't remember the name and as for the IMEI number i don't have it as i never had the phone. All the details i know about it are from when i rang Orange to complain about the fact they were charging me for a phone i was basically forced to take out and which i never recieved but all they said is unless i can prove i sent it back then there is nothing they can do, but since they know the dealer who "sold" me the phone should'nt it be down to them to prove i've recieved it as obviously they wouldn't have just put it through normal post.

If Orange can't find the CIF, Does that mean they have to give me all the monies paid to the account and also remove the default.

[Hoose]

Unfortunatley, no. it is an issue with unscrupulous dealers, that you apply for your phone, (was it done in a store or on the phone?), and agree to the contract, then that is it. as far as Orange are concerned, you have agreed to the contract and you have recieved your phone.

all Orange require is the information that is entered onto the "Enable" system. this is oranges credit checking etc system.

if your tariff is different to the one you thought you had signed up for, Orange should have contacted one of the following:

the Dealer (if they are large enough to deal direct)

or

the Distributor

in both cases they request the same: Proofs (passport d/l etc) and CIF. if done by an outbound call centre, they will request call recordings etc.

If done via Distributor, then the distributor will contact the dealer.

If you can cast your mind back, you said you did recieve it then sent it back, can you remember if there was a silver seal on the box at all?

*Edit

Orange do not hold the copies of the CIF. they are held by dealers. it is possible that if the dealer cannot produce this, or produce an incorrect one, then you *may* be able to get some back.

now, if you have been lucky, and the phone was distributed via my employer, I may be able to see if it was ever returned either to us, or to orange, but that would be EXTREMELY off the record.

reason I said IMEI is because that is in some way less identifiable than your mobile number. however, if you are willing to provide a small amount of personal information then I may be able to help.

I am aware of how this sounds, and that I am here with only 10 posts asking you for info, but I can promise (for what thats worth on the internet) that I am entirely altruistic

[animal_lover]

I'll contact Orange tomorrow and get there details again. It was done over the phone. it was one of those "cold calls" or whatever there called.

I'm not sure if it had a silver seal as i didn't take it out of the packet, i just noticed it was the phone so i left it to send back and then i had to be ommited to hospital so i missed the 14 days by a day or two. but i'll find out and i'll post back.

When i ask for the companies details, is there anything else i need to ask for in relation to this problem.

Thanks

[Hoose]

just the companies details shold be fine.

casting your mind back, was the company called blue bamboo?

like i say, if you pm me your mob no or postcode, i can check our systems

[Hoose]

have you raised the fact that you were mis-sold the tarriff with orange at all?

[saintly_1]

Can I just give a reminder that giving personal information is not something that is encouraged ....... nor is giving information by pm.



saint

[Hoose]

my apologies saint, didnt realise it was against the rules. its just unusual for me to feel like i can actually help

[saintly_1]

It's for your benefit as well as the OPs benefit

[animal_lover]

Ok i'll get the details tomorrow, No they weren't called Blue Bamboo.

I only raised an issue about not recieving the phone so there was no point about the tariff as it didn't matter with not recieving it.