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davem8383

problems with mobile phone co orange,

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Hi guys,

 

After reading neumerous threads on here about other people having similar problems to mine i could do with a bit of help and advice.

 

In april 2011 Orange defaulted me for £25.10 which i did not know i owed due to them holding incorrect details.

 

they have after 11 months of me trying to sort this out accepted that this default shouldnt have been registered against me

admitted the errors that they have made and have emailed me this morning to say that the entire account will be removed tomorrow.

now this isnt the first time they have said this so im not holding my breath!

 

So heres where i am, if they dont remove it where do i go as after 11 months this is starting to wear thin! if they do remove it i expect to be compensated for the losses i have occured.

 

I know i havent included much detail here but will update if anyone picks up on this.

 

I would be greatful if anyone who has experience with cases like this could help,

 

i recently read up on philhargs thread and the support he recieved was amazing.

 

many thanks in advance

dave

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If you can prove your losses (higher interest rate on mortgage / credit card etc.) it's simple to take them to court for this amount and the removal of the unlawful default. (Google Kpohraror v Woolwich Building Society and Durkin v DSG & HFC Bank)

 

you could take them to court without proving actual losses (King v British Linen)

 

Have a read of the cases I quoted and see what you think.


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.

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thanks for the reply, ill have a read, the only thing i could see possibly being a problem with proving my losses is that the default has meant that everything i have appliead for creditwise has been rejected so any credit we have is all in the wifes name. we havent been able to remortgage because of it but like i say everything is in the wifes name including the mortgage so would this affect me being able to claim for that. we should have been able to remortgage last yr with me on the mortgage to a lower rate take some equity out of the house and pay other things off, instead we couldnt and we've had to pay interest on other stuff for the time that defaults been there.

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hi locutus,

 

ive done a few searches and a bit of a read up on those. would it be a good idea for me to write to orange once (if) the default is removed with my expectations for compensation. it seems that the benchmark set by the durkin case is £8k for tarnishing a persons credit worthiness and would it help my case to include reference to these cases. To be honest its probably cost me in real terms about £5k over the last yr so if i could achieve that ammount id be happy. Or am i being unrealistic here??

 

thanks in advance

dave

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Keep in mind that anything up to £5000 will most likely be small claims track in your county court (so costs will be limited)

 

You need to follow pre-action protocol

 

More light reading for you http://www.consumeractiongroup.co.uk/forum/announcement.php?f=115&a=263


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)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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thanks for the reply, ill have a read of that tomorrow. ive been looking into this all day and the information has stopped going in now!!! i was hoping to get them to settle fairly quickly at that ammount. after a quick work out today the figure im out of pocket is more than i thought, around the £7k mark. i just want an end to this now!! do you think im being unrealistic in my expectations??

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Hi locutus, I've found this story online and wondered if anyone knows the outcome? I've done a search and can't find anything else. I'm guessing he gave up or settled out of court subject to confidentiality. Unless anyone knows otherwise.

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Sorry it won't let me post the link for some reason, it's a case between John peters and O2. Was it the papers, can be found on a google search

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another update, woke up this morning and im suprised to see the they have actually stayed true to their word and removed the default from my credit file. i nearly fell over. now im guessing this changes things considerably as that has to be an admission of liability?? am i right in thinking this??

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Hi Dave,

 

You're right. You can claim £5K for general damages to creditworthiness in the small claims court. It's a form of defamation and requires no proof except that the default was wrongfully placed.

 

Noddy on here is trying. He's been at it for 6 months and should finally get a result next month. He'll be the first to do so this century.

 

Although it's quite a simple claim, the guilty party can make it very tedious. In Noddy's case, judicial incompetence hasn't helped either.

 

Cheers,

 

Richard

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hi Mr Durkin, you are somewhat of a legend around here!!! I have just put a letter together to send to their executive office outlining why i expect to be compensated to the tune of £5k for. They have seriously affected my life for the last 2 years and im glad i didnt let it go! Im glad that you have picked up on my thread and any help and advice would be greatly appreciate!!

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Just having a read of noddys thread, looks like it'll be another late night reading up!!!

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so i just read noddys thread only took two hours. so im guessing his case could make or break mine, im hoping that orange just roll over and pay me but wont hold my breath. i dont really want to have to go through the whole process that noddy has but ive come this far and had the default removed. if it comes to it im happy to go to court and nail their nuts to the wall.

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Strange this.

 

In June 2011 (yes a month after HSBC default discovery) mobile network 3 sent me an outstanding bill of £35. My contract was 18months from Jan 2007 - Aug 2008.

 

So they contact me 3 years later. This was the first time they contacted me for this "unpaid" balance. So I went to the 3 store, and after several attempts (asked for the manager obviously) got a statement on their screens saying "account paid in full to DCA on 06/08/08". Got a printout (funny they couldnt print it off, we had to screenshot it and paste and all that malarky). Gave 3 a call, and said "its obvious I had paid the account in full. Furthermore, the obtained records show someone has fiddled around on my account around Feb 2009 and Feb 2010. I think you should accept this, or I shall pursue this matter further. I will accept a £10 gesture of goodwill".

 

And that was the end of that one. So I dont see why they didnt try to contact you themselves or with DCAs.

 

Also make sure you save or get a copy of the following:

 

1) Copy of credit file with the default on there

2) Copy of the default off the credit file

3) The letter admitting the fault

 

1 and 3 are more important.


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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they said they did but there's no record of any bills or correspondence from them in that period within their SAR. It was when I pushed them on the SAR that they conceded they had made mistakes and removed the default. they had the wrong address for me even though i gave them the correct one. they even had me listed as "miss" instead of mr! like i say their catalogue of errors is growing by the day! the SAR is laughable, I have more information than they can provide me with!! when was your court date again?? im only down the road from you in bham, i might pop in on the day of your case so i can see what to expect if mine goes that far!!

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mobile phone companies give out defaults like free minutes though from what ive been reading! they aren't subject to the same rules and laws as the banks and cc companies. good job you got that sorted with 3 pretty quick!

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Lol, ooh! Am I going to get a mystery fan club showing up? Shall I invite the media? But I want to stay anonymous in the media.

 

27th Feb.

 

To be honest, I think I could do with extra support as I dont have a pricey barrister!


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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I shall also advise you that do not contemplate if you are seeking to take action. See my join date of this forum? It is Sep 2011. The default was discovered in May 2011. From Sep 2011 till about last summer I contemplated and wasted plenty of time. It could have been over by now if it goes in my favour. I started proceedings in Aug 2012 a whole year later.

 

So do not waste time. That is the best advice I can give you at this moment in time.

 

Also, do you have a mortgage? Or if you dont, are you looking to buy a house and get a mortgage? Am emphasising on the mortgage because:

 

1) If you already had a mortgage, you cant get a decent rate if you was to renew/find new provider.

2) If you dont have a mortgage, and you are looking to buy a house then you will be in the same position like me. No one will give you one, you will find a company on the net who will give you one but hey guess what? That will be a dodgy company who will rip you off just like it happened to me.

 

So the default needs to be removed ASAP. It is better to go to court for this kill 2 birds with 1 stone.

 

Another top tip???

If you want it solving, speak to the manager. Always speak to the manager, if they are a good manager and are reputation based then what will happen is they will sort it out for you. Both cases, three and HSBC, I spoke to the manager. Previously, when I went in, the HSBC tea boy or the frontline staff were clueless and couldnt find me or the default on their system. But Mr Branch Manager did funny that aint it?!


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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if im not busy that day ill pop up, would be good to see what to expect if mine goes that far. its taken me 11 months of fighting orange to get mine removed. im not expecting an easy ride regarding compo!! i have both copies of credit file but their letter admitting fault is a little sketchy to say the least! they say "You claim to have never recieved invoices or correspondence with regards to the above account, I cannot absolutely confirm this to be true but do find it plausable in view of the records held with cra's. As such I am willing to concedethat you may not have been fully aware of the state of the account and the related debt" they then go on to say its my responsibility to make payment make myself aware etc etc that i was bound by their t&c's even though there is a lack of any contract or evidence that i agreed to these.

 

 

ill wear a funny wig if i make it to your hearing, you can call me barry star and that'll solve that problem!! lol

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Lol nice one for the banter!

 

It can be miserable as you know the hearing is closer and you aint a legal pro!

 

Mine is different, I got the manager to write me a letter stating the error ws made and the default shouldnt have been there.

 

Now with this, am thinking am 100% victory!! But others think otherwise!!


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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well our mortgage is in my wifes name only right now but we discovered this when looking into remorgaging last year. we did apply for a joint mortgage last year but low and behold refusal due to failing to meet credit scoring. i have a letter from our IFA saying this is why our applications failed and since the default was removed last week we are in the process of a new application. my credit score with experian went from 616 to 863 overnight when it was removed last week. experian have kindly written to me stating that its because default is gone and would have been 863ish for the past 2 years had the default not been there.

 

as for speaking to a manager at orange, it would be easier to plat pee!!! in 2 years ive spoken to the same person on more than 1 occasion once and that is the woman in the disclosures dept that dealt with the SAR. even shes starte ignoring me as they cant even send me any billing information even though the account was only closed 2 yrs ago!! they are now at day 51 of a 40 day allowe period to deal with my SAR!

 

Im not planning on wasting any time, they've already wasted 2 years of my time, i feel ive got a little momentum now the default has been removed so want to keep that going.

 

Many thanks for the advice

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Daven, by manager I don't mean on the telephone. You have to physically go into the store, get the store manager, tell him, make him ring and they will listen to him (maybe telecoms is crap like you are saying as in authority etc).

 

When with HSBC and 3, when I used to ring them, it used to go to some folk in India whose English wasn't first lanaguage and all he used to was repeat a script saying "you have to pay your debt whether its 3years or 30years". I got sick of that, and decided to deal with matters in person. You can't hide from people like that nor can you tell your colleague "Mr XXXX is away on holiday or he is on lunch" if someone asks, or even put the phone down as 3 used to do so on me!!


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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well as far as i can make out from what ive read online, mobile phone accounts are not credit agreements and as such they are not allowed to share my information with anyone let alone cra's without my consent. (if anyone knows otherwise let me know) they didnt have my permission to share my info and even told me prior to removal of the default that if i wanted it removed then i would have to email them allowing them to remove it. I did this allowing them to remove it on the ground that they were in the wrong etc and shouldn't have ever been put there. I also included that if they were offering to remove the default as a gesture of goodwill or for any other reason that they were wrong then they should leave it there and id get the court to make them remove it! as far as im concerned its been removed on that basis!

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orange have been a nightmare to deal with all the way along, exactly the same, call centres in india, dont understand what your trying to get accross. on one occasion i did speak to someone in crappy service who said he would get the default remove, sent me a text message tio confirm and it never happened! orange deny this, and strangley that text message has dissappeared from my phone!! now i would not have deleted that! luckily i had taken a screen shot and sent it with my SAR asking specifically for all details regarding that text. low and behold they have no records of it!! the stores couldnt help me as it was a closed account. most times when i called crappy services couldnt find details of the account and then hung up on me when i got shirty!

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Lmao your last sentence so happened to me! My flatmates used to think why is he fuming in the room!!

 

I don't want to advertise on here and if an admin sees am rule breaking then am sorry.

 

You shouldn't go on contract they are a rip off! You pay excess amounts and then similar crap like this happens which haunts you for years.

 

Go on pay as you go with a cheap network like gifgaff, you stil get wonderful minutes for next to nothing! Even 0800 free numbers are free!! Yes you don't get a fancy phone, but who cares?! After 3g I paid 02 4 years worth of £60 per month on average. Now I pay £20!


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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