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My sweet VICTORY against ORANGE:)


res123
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Guys,

 

I am going to share my struggle against Orange, and how I took them to CISAS, and was able to get a decision that they have to erase the default from my credit. I also requested that they apologize to me for the inconvenience and for screwing up.

 

I am going to write an abbreviated version for the sake of saving time and maintaining anonymity. Orange declared me in default for not making payment on a contract phone and a mobile internet device. Allegedly, I owed in excess of £400.

 

Allegedly, my contract was executed in 2008 and was for 18 months. My mortgage application was declined as a result of this default. I contacted Orange's chief executive to offer a compromise that I will pay the owed amount and requested that they earse the default. I got a call from the executive office by a COCKY guy,who had absolutely no interest in hearing my side and kept telling me that they are right and there is nothing I can do and I cannot go any higher than him. I requested a deadlock letter, which he issued the same day as he thought that it would be end of the matter.

 

I wrote to CISAS and raised the issue that if I do owe this money, they need to provide me proof in the form of contract and claimed that I never got in any contract and if I am in a contract than Orange did it without my consent and if such a contract exists, they must produce copies.

 

CISAS asked them to provide proof of bills or contracts. Orange claimed that they cannot provide that because 18 months have now passed and they do not retain records after the term has elapsed. I wrote in my response that how is that they claim to be data controller and only retain for records for the term of contract. Yet, the affect on my credit is for 6 years. So, if their action is going to have an effect on me for 6 years than they should preserve records for that time to provide evidence that I, in fact was under such contract.

 

LOng story short, Orange could not provide anything. It makes me think that it is their standard practice or may be it was just in my case. Anyhow, after a 3 month long battle. CISAS finally decided in my favor. Now orange has to take off the derogatory credit info and apologize for their actions.

 

I wouldnt have bothered with all of this, if it was not for the ugly attitude of the Orange executive. He was on phone with me for 10 minutes and I could sense his cockiness and that how he did not think in a million years that I had any chance of what so ever, as he put me on hold and consulted his operations/legal department.

 

So I am thinking that after Orange corrects the information, I write to their chief executive letting him know that how CISAS favored me and how nasty the officer's attitude was and I expected more courtesy from someone calling me from CEO's office. What do you think???? Or should I bury the hatchet, take my victory and move on!!!!:)

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Personally I'd say move on. I think you have been lucky in as far as the result goes because I know T-Mobiles system (as I worked in a call center for them) and they can access all that information, and I worked for an outsourcing company and had to install (as I was in the IT support department the o2 systems, (of which there were at that time 3 o2 systems in that office... not sure how many there are in total!) and they could bring up all bills and paperwork.

 

Just my opinion, Me, I'd move on. The flip side of which is the fact that they screwed up your mortgage and I can imagine you want to hit them where it hurts (the wallet) :p

 

Best of luck with whatever you decide :)

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My mortgage application was declined as a result of this default.

 

What do you think????

 

Or should I bury the hatchet,

 

take my victory and move on!!!!:)

 

 

@Res123,

 

Firstly, well done in not taking cr*p from Orange and standing up for yourself. If more people did this then we the consumer may get a little more respect from th mobile phone industry and regulators.

 

I say bury the hatchet...... In the cocky bu33ers head!!!

 

Armed with the CISAS findings, in your favour, surely you must have grounds for a case against Orange for compensation for any losses and inconvenience with the refusal of your mortgage.

 

If I were you I'd take legal advice.

 

Well done again and good luck.

 

;-) ;-);-)

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Yes well done.

 

Another excellent example of the customer believing in their principles and achieving the outcome they desired.

 

Whilst it's tempting to gloat to the cocky guy at Orange I wouldn't bother as if he didn't care about things when he spoke to you he's unlikely to care now.

 

Not sure whether CISAS will rule on the mortgage side of things unless this formed part of your initial referral to them. I'd perhaps discuss this with them to see what their advice is.

 

Let us know that they suggest and well done again :D!!!!

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Thank you for the support. I think when I wrote this, my adrenaline was kicking in. I had just opened the decision letter and got on these forums as quickly as I could.

 

I do not think I have any more time or the will to drag this. I was able to borrow money from my parents and settle on the property, I did incur 5K in penalties for delay but thanks to my parents loan, I did settle. I did not think of taking Orange to court for that, unless rewards were truly worth it. I do not qualify for legal aid, and do not necessarily want to incur the cost.

 

I think it has been rewarding enough that I still have a squeaky clean credit. It has been an uphill battle, but the outcome has been more than worth it. Once again, thank you all for the support.

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I can understand the feeling you must have had when reading that letter - I dare say that the person at Orange's end who reads their copy will probably have a feeling at the other end of the emotions scale ;).

 

Five grand is a bitter pill to swallow and if the penalty was as a direct result of the default then it may be worth either seeking further advice from CISAS or the ICO as both routes while time consuming will only cost you one or two postage stamps.

 

As they say nothing ventured, nothing gained.

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Come to think of it, the total charges may have been close to 7k. I did get a good deal on the property, which made it easier to swallow the pill. However, a loss is a loss. I am not sure what CISAS and ICO can do, as CISAS as I have already accepted their decision that Orange will revert their reporting.

 

Being new to this, I think my only other option is to pursue them for punitive damages that were a direct result of their doing. The problem is that I AM PRETTY SURE that I was declined because of that. The bank does not necessarily tell you, why you got declined. They usually tell you that you are declined due to adverse credit. But, this was the only adverse information ever reported on my credit.

 

Any suggestions are welcome? The only problem is that I do earn a wage and own a house (an asset with equity), which will mean that I have to chip in the money myself to fight the case. All said and done, litigation may end up being very expensive. So, not sure what else should I do.

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See this useful bit of info on the ICO's website: Claiming compensation - Information Commissioner's Office (ICO)

 

Having an ICO ruling in your favour should add weight to any future court proceedings.

 

As I mentioned earlier I'm not 100% certain whether CISAS could assist further but I'd give them a call to say that the default that they've just compelled Orange to remove resulted in you suffering financial penalties.

 

Call CISAS first and then take it from there.

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I'd also take a read of this :-

 

CISAS

 

important bits I feel

If we agree with your complaint, we can tell the company to do any or all of the following.

  • Give you an apology or explanation.
  • Give you a product or service, or take some practical action that will be to your benefit.
  • Pay you up to £5000 (including VAT) for any loss you can prove you have suffered. (If you do not claim any money on your application form, none can be paid.)

and

 

What happens when I receive the decision?

Once you have received the decision, you will have six weeks to let us know whether or not you accept it. If you do not tell us within six weeks, the decision will not be binding on the company but you can still take the matter to court.

 

I feel asking for a default to be removed against you is not going to bother Orange that much... asking for £7000.00 may get lawyers and people that know what they're talking about involved. Make sure you get lots of advice before taking this on. If it does go to court the likelyhood of it being small claims isn't that good, so costs will probably not be limited.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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You must remember 'you' are the victim here. The next stage, being compensation for losses and the 'stress & strain' caused by the mortgage problems, would be outside the scope of CISAS & the ICO. This is something that you must take full legal advice. Armed with the CISAS judgement I can't help but feel that you must have some chance. I am sure any decent solicitor would advise if it were worth it or not to take the matter further.

 

Good luck

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