Orange and the CCA

[MrMatteh]

How come Orange are allowed to place Defaults on my credit file, and yet not be regulated under the CCA?

Basically, Orange have placed a default on my file - however on the date that they placed it, my account balance was £0 and THEY cancelled my agreement.

I wrote to Orange back in Mid-April asking for a copy of my default notice...

They sent me a letter back, telling me that they did not send one to me, and they do not have to provide me with a copy as theyre not regulated under the CCA.

How true is this? I have since contacted Orange and explained that my account balance was £0, I was never defaulted on the account, THEY cancelled my contract and I had a payment plan set up to pay off the debt - however, funnily enough, they havent responded.

Any ideas? :E

Matt.

[sequenci]

im sure they MUST be.

Running-account restricted-use credit.

Do you still have a copy of the airtime agreement? it would say on there for sure! - my understanding is that if people can place a default on your file, they *must* be regulated by the cca.

[MrMatteh]

hmhm not to hand, this goes back to the beginning of 2005 - when I never really kept copies of anything.. oh poor naive me.. :E if only I knew then what I do now..

They said that as it says in the user manual book they give with the phone that non-payment of bills may affect your credit rating that its ok... ?

Matt

[MrMatteh]

Anyone has any ideas? - I plan on writing to Orange again by the end of this week - Im thinking of taking this straight to the Obudsman?

I still firmly believe that Orange *should* be regulated if they're not already, and if they are not, then why should they be allowed to enter defaults on peoples Credit Files?

Matt.

[MrMatteh]

Okay, so - after plenty of research...

I have 2 options.. 2 send a letter pointing out their mistakes again or sending a Notice Persuant to s.10 of The Data Protection Act 1998. letter...

Any suggestions? :E

[MrMatteh]

Oh my lord! ...Orange really are stupid!

I sent them a letter, that read:

--
Whereas I have been a customer of Orange Personal Communications since 2003 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

--

basically, stop processing any data to third parties where I am the 'subject' (third parties obviously include Experian and the like..

The reply I got, was this:

--
Please refer to Section 10 of the Terms and Conditions for the supply of Orange Pay Monthly network services, which refers to credit assessments.

10.3 We may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the other members of your household, for fraud prevention, debt recovery, money laundering prevention, tracing debtors and account management. For these purposes we or they make further searches. Although these searches will be added to your records they will not be shared by others.

I trust that I have clarified the issues raised.

Yours sincerely

Adrian Potts
Correspondence Department
--

Well, firstly - no, you havent clarified anything.
Secondly, credit records DO NOT have details of other people in your house, keep up with the times - they took that OFF a LONG time ago!
Thirdly, all this is because of an Orange mistake, and complete cock-ups!
Fourthly, are Orange so thick that they did not understand the contents of the letter I sent?!

oh well, Information Commissioner and Trading Standards complaints about them going into the post tomorrow, Im bored with sending them letters now! - I gave them a chance to correct their mistakes, but they have failed to do so!