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Orange Pursuing Debt That Doesn't Exist


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I have recently commence a claim against Orange, for failing to provide a service for which I had paid (posted here).

 

Orange are yet to file a defense, although they have acknowledged the claim.

 

Since their acknowledgment, I have received a letter claiming service charge payments for months post-dating the period for which I am claiming, and for which no contractual agreement exists

 

i.e. I had paid Orange for January and February, but received no service - this is the amount that I am claiming. Orange then responded in June, saying that I owed them for March, April and May.

 

No contract exists, as Orange were in breach as of January. If they were found not to be in breach (which would be the court's decision), they were informed in February that I had terminated the agreement - this is where they appear to be claiming an 18 month agreement, whereas I am claiming a 12 month agreement - there is no corroborating paperwork, despite what appears to be a full disclosure of all relevant information, following a subject access request (or two).

 

Obviously, I have no intention of paying, but neither do I want a default to be shown on my credit record.

 

I have written to the court asking that they instruct Orange to stop pursuing me for any money

 

Is this a reasonable course of action, and might I consider any other steps?

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Hi,

 

Sounds reasonable to me...Have you checked what is currently on your credit file regarding Orange and this service? If there is stuff on it, perhalps a letter to the Data Protection Manager may help somewhat. The template letters are on here somewhere and as they are a person and have to respond they may be able to help in resolving this matter quicker than the Cust Service bods that don't care...

 

My parents had a similar problem with Tiscali broadband and it took nearly a year to letters to sort out...But it was in the end...

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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Thanks for the response, Penfold.

 

I have applied to the three main credit reference agencies to receive statutory credit reports. I have so far received reports from Experian, which shows late payments.

 

Following my letter to the court, however, I have now received an offer for full settlement from Orange PCS (without and admition any fault, unsurprisingly), undertakings to desist in pursuing any further debt, and undertakings to make the necessary corrections with the relevant credit reference agencies.

 

I think that I'll count that one as a win. I believe the term "w00t!11" is appropriate.

 

For anyone actually interested in the quasi-legal element of my claim, I was relying on the fact that proof of postage is not proof of receipt (I was never in receipt of a SIM card, therefore no service), and that my contract was with Orange, not the Royal Mail (who were acting in the capacity of agent for Orange).

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great result, well done there...

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Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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