Orange/Arrow/Fredrickson

[2Grumpy]

As this is BC, it is worth a click on the exclamation mark in the red triangle to get the attention of the site team (if you don't get a response)

 

basicly BC are trying to get out of sending anything

 

If you don't get any more comments, it would be worthwhile responding to BC along the lines of your not having any knowledge of any amount lawfully due to his client so of course you need all of the documents that you have requested to be able to conduct your defence

[42man]

You obviously sent one of Martin's excellent pre court CPR letters....there isn't really any way of responding to it....you could now await their court claim !! or as a possible use a CPR31.16 request to reveal....something like the notice of assignment or the deed of assignment....it has been used successfully in court for things like getting the agreement, but it could be used as a possible tool to get them to reveal any specific paperwork you MIGHT use in a future case against them - have a read - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - this is one cagger who used it successfully - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[MARTIN3030]

Yes agreed.

If they do now go on to file a claim,its something that you can draw the Courts attention to.

You could actually respond to let them know that you DO believe that what you have asked for is relevant,and in the absence of them letting you have it,will seek draft directions for an order to get it,at the appropriate stage.

[aBitofaPickle]

OK, thanks. do I just Ignore the part about making payment? I am still waiting for the SAR to come back from Orange.

[MARTIN3030]

Its up to you.

Guidance from the FOS says that where able you should maintain payments.

However,they know that only a Court can force you to do this-or give them legitimate enforcement to collect.

Let them put THEIR money where their mouth is.

[aBitofaPickle]

Eventually had a response, from Bryan carter though not Orange. They have included what they are referring to as 'account documents'. It is a statement of account from opening in 1999 until closed 2006 and it shows a closing balance of £200 ish.

 

I've had no reply at all to my SAR, do I need to reply to BC or should I be sending something to Orange as they are well out of time on this now.

[jetbags]

NO No No NO No !!!!

 

What ever you do don't stop..... I had exactly the same scenario and ended up taking them to court, even though they were claiming all along that they had evidence and were "confident of winning".... they were so "confident" that they didn't even attend !

 

The SAR is the trigger, if they are not replying chances are they have nothing to send you, therefore unenforceable and a straight victory with costs to you for your time/inconvenience/stress etc etc

Did you receive a pac code when you changed over suppliers ? if you did then case closed, mobile companies will not release these unless an account is nil balanced.

 

It turns out, there are thousands of people all over the country being sent out these demands for payment on primarily past "ORANGE" accounts that do not exist in financial terms.

I guess a substantial amount of people will just be tempted to think " I must owe it " and simply pay up, but if you challenge it to the full you will find that Orange and it's henchmen will retreat back under the excrement from where they came.

I not only won, but I was awarded full costs and a little to cover my time, it was a great feeling banking their cheque !

This does also send out a very clear message to everybody who is looking to change providers, DON'T USE ORANGE !

 

Best of luck, keep up the good fight.

 

J,

[42man]

If they have not provided any response to your SAR, then you should write a LETTER BEFORE ACTION (send recorded enclosing a copy of your original SAR letter) - an example of an LBA here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html#post2016194 give them 7 days to respond, if they fail to respond then you could either report them to the ICO (which could take ages) or take them to court to comply - (examples here) - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200771-starting-court-claim-sar.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204306-fox-cap1-dpa-sar.html

 

And this one from the ICO too - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

Even if they hold NO information on you, then they have to tell you that, however my feeling is if this is an account from 2006, then they must have information on you...if you were paying Orange in 2006, then to comply (I think - please correct me if i'm wrong on this) with money laundering laws and accounting regulations they need to hold the information for at least 6 years...

[buzby]

It turns out, there are thousands of people all over the country being sent out these demands for payment on primarily past "ORANGE" accounts that do not exist in financial terms.

 

I'm not clear in what you are saying. That they are sending out financial claims that are fabricated? (eg are spurious and never existed?)

[aBitofaPickle]

I did receive my PAC code, I didn't really want to pursue them into courts for non compliance of the SAR, is this my only course of action?

[buzby]

Chasing non-compliance is not anything you can usuefully achieve, only as part of a different action and you can advise the court their inability to provide the details as part of your SAR (you DID pay the fee for it?).

 

It is the ICO that pursues not compliance issues, not the data subject.

[aBitofaPickle]

Yes, I paid the fee of £10. How should I respond to BC's laters demand?

[buzby]

The account is in dispute. Their client has been asked to provide substantiate their claims and has failed to comply with a SAR. You will not be dealing with any third parties in this matter, and suggest they pass the matter back to their clients for their urgent attention,

 

Make sure your £10 was not credited to your account by 'mistake' (often a useful ploy).

[Human Writes]

I did receive my PAC code, I didn't really want to pursue them into courts for non compliance of the SAR, is this my only course of action?

 

You could try emailing Orange at [email protected] (from the Data Protection sticky in the telecoms section).

 

It looks like a previous cagger did this and received a reply in a matter of hours. I'd suggest advising you've sent a SAR previously, attach a copy of this SAR if possible and see if they can assist.

 

The courts and ICO will probably take months, I occassionally see ICO complaints about my employer; it usually takes the ICO between 3 & 6 months to pass details of a complaint about non compliance on.

[dannysdad]

I agree with Human writes.....

 

I have personel experience with orange for this. Didn't receive the response to SAR from Orange for few months and an e-mail to [email protected] and also copied to [email protected] brought me response in 2 days. This is

what I sent on the e-mail

 

 

Dear Sir/Madam,

 

I made a subject access request (copies of the letter and royal mail proof of the delivery is attached) to Orange under data protection act 1998. Along with the request letter, I sent a maximum statutory fee of £10 (royal mail postal order receipts attached).I have waited for the maximum time of 40 days for the response, however until today I haven’t heard anything back. One of my colleagues suggested that before contacting Information Commissioners Office trying with your department.

I have followed all the requirements for the subject access request to Orange and would request again to please provide me the requested information asap. Or I am afraid to say that I won’t have any other option than to start the legal proceedings.

Let me know if you require any further information in this regard and I hope to hear back soon.

 

Yours faithfully,

Dannysdad

 

 

I would suggest trying the same!