Complex Default Notice Help Needed

[TBeckett100]

Hello, i hope someone can help me.

I have a long running complaint with Orange.

To cut a long story short they defaulted me after 18 months when they tried to reclaim the VAT from HMRC under bad debt relief.

After complaining to Orange they let slip that accounts receive defaults after 6 months of non payment, not 18. I got the information commisisoner involved who have ruled that the information relating to the default (i.e.) the date was incorrect.

The Information Commissioners Office have asked Orange to correct the data.

However, can orange now legally backdate the default as surely this would be incorrect as on the date they will backdate it to, no default was issued? if it was incorrectly dated surely it is invalid? i mean a parking ticket with the wrong date on it cant be changed, its invalid.

I am not sure where to go to now, Information Commissioners Office have no powers of enforcement and it seems like a court should decide. any ideas as this is affecting the chances of me getting mortgage

[buzby]

Whoa there! Orange remit all bills as VAT inclusive. What arrangements they come to with the VAT people are not of your concern. IF they were claiming Bad Debt Relief, then irrespective of their actions, you've not paid the bill so a default for non-payment automatically follows. As for defaults after 18 months... what's that about? Are you confusing this with the contract term?

If you have paid Orange's bills, then any default should be marked as paid, if you haven't there's not much you can complain about!

[TBeckett100]

The VAT issue is not something that concerns me, what does concern me is that Orange should have defaulted me at x date, but left it 18 months before doing so. The Information Commissioners Office has ruled this to be unfair but the question really was, can Orange amend the default date when techincally on the date in question they didnt default me.

[buzby]

If you didn't pay the bill, then yes - they can default you as a non-payer. The real issue behind this is you didn't pay, and they added this to your credit file - which you gave them permission to. There's a moot point that as your contract had been terminated they shouldn't have further processed your data, but on balance they probably got in under the wire. Can Orange amend the default date? Yes, it has no legal significance whatsoever (unlike a CCA Default), so when they want to do it is in their gift.

[TBeckett100]

could i then say ask for a signed copy of my agreement with them and once they fail to supply it enforce the fact they dont have the original agreement thus they cannot bind me?

[buzby]

No - that doesn't work. Your use of the phone and any subsequent payment would be taken as if you signed an agreement.