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MondeoST24

Orange overcharged me

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Hi,

 

Last year I discovered Orange had been overcharging me. It wasn't mega bucks (about £70) but I wanted it back. I wrote to them and heard nothing. I wrote to them again. Nothing.

 

I switched the phone off (my phone) and got a new sim of a new contract with O2. Didn't hear anything for about 12 months.

 

Now i've got 3 seperate collection companies chasing me alleging I owe orange circa £150 for Airtime/Outstanding Contract

 

I've got NCO Europe Ltd, Scotcall Debt Collecting Services and Westminster Solicitors all writing to me threating this, that and the other.

 

Should I LBA Orange for the £70 and then claim for it?

 

What should I do about these merchants chasing me?

 

Cheers


First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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You had a contract with Orange that put obligations on both of you, as such, you could not simply stop using the handset and walk away from the arrangement - especially as you subsequently ignored their demands for payment.

 

You are approaching this from the wrong side. Your credit record will have been fried and a default placed on your file, so if they do owe you, you need to establish what thos was and have them agree to credit you. With this taking place you may gewt the default removed.

 

As for taking THEM to court - pointless, as they can counter sue on the same actiion, and if they DID owe you £70 and admit to it, this will be transferred to the balance they claim from you and you're really no further forward and still have a default.

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Agreed we had a contract which clearly defined how much per month I would pay for the service. I may be wrong but if they breached that contract by overcharging me was I not within my rights to terminate the contract? I made reasonable efforts to sort it out by writing to them - twice. This was completely ignored. Am I be expected to just carry being overcharged?

 

The default thing doesn't worry me too much, its easy to get these removed as part of a judgement, i've done it a couple of times. Its funny really these people always swear blind once a default is recorded theres nothing they can do, but it soon disappears when a court gets involved.


First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Where in the contract are costs explicitly mentioned? They aren't - for the simple reason the contract only covers the provision of services, the cost of calls, additions, services and anything else you authorise (by request or use) is simply added to the bill and you are required to pay it.

 

Following your interpretation, you are suggesting your TARIFF (not contract) is somehow set in stone. It isn't, and you can change by switching to a different tariff for greater (or less) minutes, once the required minimum terms have been met.

 

As for a default - it requires a SUCCESSFUL action against the service provider in order for the removal to have any relevance. If you don't win, then you can't expect them to comply.

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Hi MondeoST24,

 

Although I can see that you've written to Orange on two occasions without any success can I ask if you've tried calling them to see why they didn't and at the same time see what they're able to do to resolve your dispute with them?

 

Should they propose a solution which you're happy with I'd naturally ask them to put in writing to be on the safe side. Once you've got it and it corresponds with what you verbally discussed I'd call them again to accept it so that you move on to settling your account and getting your credit file updated.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

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