Orange Mobile Default With No Proof

[thegooser123]

Hi all,

 

I have just checked my credit file for the first time and saw a default on it from Orange mobile.

 

To cut a long story short, it was signed up through an independent dealer with no signed contract, proof of address, or proof of ID. Orange don't know that there is no proof, but I can assure you that there isn't.

 

Also, even if there were proofs, the independent dealer went into liquidation about a year ago.

 

My question is this: Can I get the default removed by requesting them to prove it or remove it?

 

I have heard of this happening with certain bank charges or utility bills. I have requested over the phone that someone check this out for me but I either get hung up on or I get the "I'll send it to the team and they will get back to me" routine.

 

The contract was set up in 2004 and defaulted in June 2006.

 

Can anyone help me out here?

[rebel11]

Hi the

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[BRIGADIER2JCS]

Hi, The only way to have the default

removed will be to complain to Orange

and state clearly what the circumstance

are.

The CRAs cannot remove or amend enties

without authorisation from the creditor who

place the entry.

It would I believe be a little unwise to

rely on Orange having no ''proof'' as

clearly an account existed, even if this

was an electronic signature it could be

enforceable.

[BazzaS]

Account set-up in 2004 and defaulted in 2006?. Even Dec 2004 to June 2006 leaves 18 months ... how were these 18 months paid for?.

You might have a hard time in claiming that the account wasn't yours if payments were made from an account unique to yourself.....

Edited September 25, 2011 by BazzaS

[BRIGADIER2JCS]

Emmmm, Sounds odd I agree,

For Orange to have accepted and

opened an account there must have

been some checking.

The fact the retailer has liquidated

IMHO has no bearing on the account

with Orange.

[thegooser123]

Thanks for the response guys.

 

The situation in 2004 was that to set up an account you needed the two proofs of ID and the signed contract. An independent dealer would call Orange and tell them that they have these and give all the relevant info.

 

If a customer does not pay then Orange go back to the dealer and get the documents. If the company doesn't have these or is missing some then Orange charge the company. I am sure that things have updated now and it will be a lot more secure, but in 2004 this was not the case. A lot of dealers would "take the risk" on someone, for example if they only had a passport but no proof of address, they would connect them up if they thought that they would pay the bill and therefore never need to send the ID to Orange.

 

So the point I am making is that they didn't have any of the required ID or signed contract with me. I was always under the impression that if it was a bank or loan then they would need the required ID or paperwork to show on request or they would have to remove any defaults.

 

No contract... no debt?

[BazzaS]

Thanks for the response guys.

 

The situation in 2004 was that to set up an account you needed the two proofs of ID and the signed contract. An independent dealer would call Orange and tell them that they have these and give all the relevant info.

 

If a customer does not pay then Orange go back to the dealer and get the documents. If the company doesn't have these or is missing some then Orange charge the company. I am sure that things have updated now and it will be a lot more secure, but in 2004 this was not the case. A lot of dealers would "take the risk" on someone, for example if they only had a passport but no proof of address, they would connect them up if they thought that they would pay the bill and therefore never need to send the ID to Orange.

 

So the point I am making is that they didn't have any of the required ID or signed contract with me. I was always under the impression that if it was a bank or loan then they would need the required ID or paperwork to show on request or they would have to remove any defaults.

 

No contract... no debt?

 

No contract in existence, no debt, but if they can show the was a contract, even if they don't have documentation ; contract shown to exist, debt (potentially) owed.

Again - were there any payments from 2004 to June 2006, and can they show these were from you?.

If so, and they sent you bills and you paid them, they can show there was a contract, and it was with you, unless you can prove otherwise.

 

Edited to add : I doubt that they need the paperwork to the extent that they might for a bank or a loan where the provisions of the Consumer Credit Act apply. If they chase you for the debt, it won't be as if it were a loan or credit card, but non-payment of a bill for a service provided under a contract. Thus they'd only have to show (to the civil standard of proof) that the contract existed, they supplied the service, and you hadn't paid and had no valid reason not to pay.

Edited September 25, 2011 by BazzaS

[BRIGADIER2JCS]

No chance in avoidance IMHO.

[thegooser123]

Thanks for all the response everyone.

 

They have allready agreed that they require the proof of address, proof of signature, and signed contract for them to put the default on my file. They just won't check weather they have it or not.

 

The only response I can really get from them on the phone is that I should phone the police and report a fraud, which is a road I don't want to go down.

 

I just want them to look for the documents and realise that they don't have them. I might just forget calling them and just send them the request in the snail mail.

[BRIGADIER2JCS]

You will have to do a subject access request (SAR) to Orange

for the to [provide the information you require.