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Issue with orange and incorrect debt


bartonski
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Hi.

Back in 2014 my orange account was due to expire ,I wanted to upgrade slightly early.

 

I paid just over 100 to upgrade to a phone and tablet deal and as orange was being taken over by EE I was passed into them.

 

When the handsets arrived I wasn't happy with the quality and sent them back after being told my contract would end if I sent them back.

I was provided with bags from EE.

I paid for special delivery

after 3 days I phoned to see if they had received the handsets.

 

I was told that only the tablet had been received

. I checked on the post office website and saw that both handsets had been signed by the same person at the depot.

I reported this to ee and after that the account was closed. Or so I though..

 

until 2016 I had a phone call from Lowell group claiming that they had bought the 150 debt from orange for service charge and handset costs.

 

Orange and Lowell had sent letters to an old address but strangely not the updated address I gave ee in order to receive the handsets originally.

I challenged this and after a lot of arguing I gave up and left t for a year and a half.

 

A month ago I tried to get a mortgage but was declined because of the default on the Lowell account.

 

I told Lowell I disagreed with the debt but paid it in order to try again for a mortgage.

I was refused again due to the fact that the default affected my file for 6 years.

I had to rent in the end and ended up spending more money that I would have per month if I had had a mortgage.

 

Today after a lot of calls to orange and ee I finally got through to someone who looked into it and found that I was not liable to pay any charges and that ee and orange were at fault.

 

They are now contacting Lowell so that I can get my 150 back and have them clean my credit file of the default.

 

My question is..

. after all the stress and expensive phone calls ,loss of money and adverse affect to credit files, not being able to take out a mortgage etc..

 

. can I claim compensation for this?

 

I'm so so annoyed that I missed out on buying a great property and now stuck in a 6 month contract renting a property.

 

And I'm annoyed that I was treated like a criminal by Lowell group who actually said that if I paid the debt that would be treated as an I accepted the debt .

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Orange placed the default

Lowell simply did what all powerless RCA's do and that's say anything to get money out of you

 

Your target is EE

I,d be writing to the CEO

Yes you could be in for compo here

Have a read of the Harrison v HFC case I think it is

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The judge ordered payment of over 100k at one point due to issues with a potential property / mortgage rejection as damages - But that was overturned. Durkin still got 8k

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks all for the replies.

 

Well I did tell Lowell that the debt is incorrect when they first contacted me and had an argument on the phone with them.

 

I said I wouldn't pay unless they could tell me exactly what it was for.

 

They said it was data usage and that's it.

 

They said that they weren't obliged to tell me any more details than that and if I didn't want to pay then they'd take it further and actually put the phone down on me.

 

So I left it for a year.

 

Then called again, and still they insisted it was for data usage so they really didn't help matters

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Have you suffered any loss as a result of the incorrect default?

 

If so, when was the loss,and can you quantify it (/ demonstrate it) for the Court to be able to show what damages you should receive?

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I've moved them to your thread but lost connection last night

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you suffered any loss as a result of the incorrect default?

 

If so, when was the loss,and can you quantify it (/ demonstrate it) for the Court to be able to show what damages you should receive?

 

Just to note : this post made more sense (with its comment about being on an old thread, which has been edited out by the site team now it is on the correct thread!) when it was on the other thread .......

 

On this thread the OP had already listed the damage they suffered, and which they should quantify and claim......

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Great thankyou for that.

 

Spoke to the phone company. They wanted to know what kind of compensation I'd be looking at. I said over a thousand definitely- they said they probably wouldn't be able to do that but they'll get back to me.

 

My question is; would my first letter to them include the history of the issue and a definite figure that I am asking for? If so, how do you arrive at a figure for time and stress and also being turned down for mortgage and car through an hp. I've looked at the other cases. 10k would be fantastic but seems extreme, but maybe I'm not looking at the situation correctly as I'm the type of person who hates speaking and asking about money.

 

Would I send this letter to the complaints dept?

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What the phone company want to give you and what you can claim and a court would award you may be orders of magnitude different ...... you don’t have to be bound by what they want!

 

You can’t claim for stress : unless it has caused you a (diagnosed) psychiatric illness.

 

You look at the cost you should have paid (but didn’t get as good an offer due to the harm to your credit file)

You work out what it will actually cost you (for the offer that you could get)

You subtract the former from the latter, and that is the sum you claim for damages (to put you back in the position you should have been had the [tortiginous] default not been placed).

 

You are going to have to speak and ask about money. If you don’t think you can : decide now. If you can’t : what do you want from CAG?

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I didn't say I won't apply for compensation. Just saying I don't feel comfortable doing it and wanted advice from people who are comfortable doing it. I reckon that's what this website is about really.

 

I'll go ahead with it. I'm trying to work out the difference between the cost of renting for 6 months and what I would have paid if I had taken out a mortgage.

It's a difficult one. I know the mortgage payments would have been around 150 cheaper than renting. The fees I paid to rent were 150.

Thats £1050 already. I would have had to pay an unknown amount of fees to buy as well so not sure how to subtract that. Obviously my time in making phone calls. This wouldn't have happened if I hadn't of made so many calls and waited on the phone to fa an answer.

Could I charge for my time? I am paid £11 per hour at work but it's difficult to put a figure on how many hours and minutes I wasted doing this. Even now I'm spending over an hour researching this and messaging this forum, surely all this should add up too

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all of the fees you pay to buy will be paid in the furure when your credit files are cleaned up so you dont subtract anything from your claim. If house price inflation is high where you are then loss of bargain will bump the bill up to take into account what a house would have cost 6 months ago compared to waht it will cost now. So, prices up by £3k? you claim that as loss of bargain. Judges wont automatically agree with the comparison of sale prices but you are entitled to claim.

Liewise for teh car loan turned down, did you ahve to pay for train tickets ect instead? then evaluate the difference in cost between dirving and rail travel and claim that.

Waht you are doing is producing a schedule of loss you can deliver to Orange anfd then initially let them do th worrying. They are clealry already resigned to compensating you, they just want to do it on the cheap with as little admission of liability and public exposure as possible. that wont eb the case if the matter gets to court so expect a lot of brinksmanship and offer at the court door.

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Great thankyou.

I applied to get s car on hp as my car is packing up but as I was turned down I'm still using my old car.

I'll check the percentage of inflation in the area and see how much it would come to for the flat I was looking at.

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Hi there. Phone call today from EE.

 

 

They offered me the equivalent of 2 months mobile contract that I had at the time which adds up to £48.

 

Pretty insulting really after the crap they've put me through.

 

 

Would the next step be the ombudsman?

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Yes I figured out that I should claim for the rise in house prices with in a six month period.. which is hard to figure out and still working on it I guessed it may be around £1500 based on a £100k property in Preston.

 

I've also included my time at £11 per hour which I worked out roughly as 15 hours over the last year and a half. Also included are phone calls at an estimate of £40.

 

This would come to £1705 plus the £159 I've already incorrectly paid to the debt collector and my credit rating being fixed.

 

Just had a letter from ee saying that they're final offer is £55.98 as a good will gesture. But also they say that the orginal sold debt was correct and I was infact reimbursed by ee the amount as s good will gesture only!

 

So so angry with this after being told several members of ee and orange that it was their mistake

 

Although in one of the cases you guys have as example the guy won 8k just for credit file damages. Is that correct?

 

Can I just give credit file damage as a cause for compensation and not have to specify how that affect me as I also see he didn't win anything for how the weakened credit score affected him when trying to buy a house in Spain

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the lies on his CF stopped him getting credit so it was for loss of opportunity he got the money.

 

If my credit files were trashed but I wasnt going to apply for credit, move house or anything like that the I would get nothing in cash terms because although I had been done a wrong I had no loss.

 

You files arent public so no reputational damage unlike a libel action

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A complication has arisen whereby ee are now saying that the debt was infact correct.

 

After I had upgraded I cancelled the new contract and sent the headsets back but according to them this meant that the original contract reverted back to normal.

This contradicts everything I have been told by orange and EE up until that point.

 

when I mentioned about compensation they asked what kind of compensation I was thinking about.

they've cancelled the debt,

are offering to pay me back the money I paid out for the debt and also offered me compensation.

 

Now they are saying that they cancelled the debt as good will gesture and offered me £54 also as a good will gesture purely because I've spent s long time trying to get to the bottom of this.

 

Does this make sense?

If I have a debt then I should pay it off surely. .

.or are they really trying to avoid taking responsibility for their mistake

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id say the last line!!

 

take it

 

get it in writing too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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