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Orange DEMAND i pay +£1700 'data roaming' charges whilst on holiday!! - WONT HELP ME!!


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Dear All,

 

I am new to this forum so sorry if this is a little longwinded but I thought to be able to give informed advise you would want to know the details.

 

Overview.

 

· November 2000, entered into a contract with Orangefor the supply of network services to two sim cards, the contracts were renewedon several occasions. Most recently in March2010 for both phones in each case for a minimum of 24 months.

 

· January / February 2011, went on holidayto Colombia incurred iphone download charges totalling £1,547.75 covering an eight day period. I would typical spend £1,200.00 per annum for two iPhones,with a typical monthly direct debt of £100.00each month to Orange.

 

· February 2011, in dispute with Orange over overseas IPhonedownload charges as Orange was and is still unable to provide a satisfactory itemisedbreakdown for these charges.

 

· May 2011, £300 settlement offer rejected. Orange issued Deadlock letter.

 

· May 2011, referred matter to adjudication under the Rulesof the Communications and Internet Services Adjudication Scheme (“The CISASRules”)

 

· June 2011, CISAS promulgated their decision in favour of Orange;I did not accept this decision and continued to dispute the data downloadcharges.

 

· October 2012, on 16th October 2012 I received aletter of demand from Orange for payment on my account this being the firstcommunication received by me from Orange since an account statement of 8thJune 2011. I telephone Orange Collections Department to quire the demand andwas informed by a representative of Orange to ignore the demand as it was acomputer generated letter and it was noted by the representative that I wasstill in dispute with Orange and the letter was sent in error.

 

· January 2013, on the 14th January 2013 I received afurther letter of demand from Orange dated 10th January 2013 forimmediate payment of an outstandingbalance of £1,773.17. Again I called Orange Collections Department but on thisoccasion I was informed by the representative that the advice given to me onthe 16th October 2012 was incorrect and I had to pay the amountdemanded within a month or the matter would be passed to a Debt CollectionAgency. I informed the representativethat I was still in dispute with Orange over the charges on this accountdespite CISAS’s decision. Therepresentative advised me that I could seek further recourse from Ofcom, butOfcom would only agree with the findings of CICAS so it’s not really worth it.

 

· January 2013, on the 23rd January 2013 Iwrote to Orange by recorded delivery to express my dissatisfied with theservice and advice received from Orange and sought their comments on thefollowing:

 

1. What is the reason for the significant delay between CICAS’s decision inJune 2011 and the demands for monies from me now in January 2013?

 

2. If Orange considered the demand for payment in October 2012 was correct,why was I instructed to ignore the demand by a representative of Orange?

 

3. If Orange considered the demand for payment in October 2012 was correct,why the delay of over two months before making a further demand, thus reducesthe time in which for me to query and/or make payment in part or full prior tomatter unduly progressing to a Debt Collection Agency?

 

4. Why on 14th January 2013 was I informed by a representativeof Orange that I could make further representation of my case to Ofcom, whensubsequently checking Ofcom’s web site it clearly stipulates they “cannothandle individual complaints” and refer consumers to Alternative DisputeResolution (ADR) schemes such as CISAS?

 

I alsorequested that Orange provide me with the following:

 

1. A true copy of my original agreement with Orange.

 

2. An itemised statement of account detailing how the current amountdemanded on my account has been arrived at. The detail should include all charges and a breakdown plus validation ofdata download amounts and download charges.

 

I also reminded Orange that In February 2011 Iinformed them I did not have the funds to pay the amounts demanded. Thisremains the case even more so today a further two years into the currentrecession. Referring this matter to aDebt Collection Agency will cause delay in concluding this matter and only addfurther to my anxieties and financial burdens with no real prospects ofrecovering any significant monies from me in the near future. (Please note dueto my personal financial situation I have already sought and entered intorevised repayment agreements with a number of my credit card providers and mymortgage provider).

 

I Informed Orange that this whole matter continuesto cause me undue pressure and anxiety which is impacting on my professionaland private life. Therefore, I was cautiously prepared to pay £900.00by credit card (I have no monetary funds) as full and final settlement ofany and all outstanding charges in respect of my Orange account. I believe this is a reasonable offer ofsettlement in the circumstances and would facility a prompt conclusion to thismatter and end our association.

 

To date I have not received a response to my letterof 23rd January 2013.

 

· February 2013, 8th February 2013 at 09.24hrsTelephone message received at home to call Buchanan Clark & Wells (BCW),Debt Collection Agency (DCA).

 

· February 2013, 9th February 2013received a letter from BCW dated 7th February 2013 headed FORMAL DEMAND (in bold black) whichread:

 

Client: Orange PCS Ltd

Principle Sum: £2,749.49

AdministrationCosts: £177.32

BCW Ref: XXXXX

Client Ref: XXXXX

 

Dear Mr Robert Sandry

 

We have been instructed by Orange PCS Ltd to recover an overdue amount in the sum of £2,749.49. The outstanding balanceincludes an administration charge of 10%to compensate our clients for cost incurred in recovering this debt. Please refer to your terms and conditions forfurther details.

 

Our clients have informed us that they are unawareof any legitimate reason for non-payment of their account and although theywould prefer an amicable settlement, they will not hesitate to commence legalproceedings if necessary.

 

Please call our 24 Hours Payment Line immediately on 0845 117 0258 to make payment by Credit or Debit Card. Paymentis also accepted online at (Web link to paybcw payment website).

 

Please note that is the usage fee plus theadministration fee is paid within the next 28 days Orange PCS Ltd will credit your contract by £799.00 and reconnect your service free of charge. Your contract will be reinstated allowing youto once again make calls. Further airtime is required to be paid to Orange PCSLtd by direct debit. In order for you to avail yourself of this offer youmust call us on the above number.

 

Should there be any matter that you would like tobring to our attention or if you wish to discuss your financial circumstancesin relation to the debt, please call us immediately.

 

Yours faithfully,

 

Buchannan Clark & Wells

 

I am concerned Orange has not respponde to me prior to receiving this deamd and that the demand has increased in one month by £976.32 from £1,773.17 in January 2013 to £2,749.49in February 2013 without an explanation for this increase other than a£177.32 admin charge. Are BCW merelybumping up the principle sum to scare me to pay up and get a £799.00 credit on my Orange accountgoing forward? – Is this legal?

 

Orange customer service has been atrocious, hounding me for payment byletter and by phone, not supplying information requested, passing me from one departmentto another, giving me false information, attempting to take monies from my bankaccount after I had told them I had cancelled my direct debit and had insufficientmonies in the account. Complete lack of accurate and timely information

 

In all the time I have been with Orange I have always paid my bills in atimely fashion until this dispute began I have paid everything I believe I oweOrange and withheld payment for the amounts Orange claim I owe but cannot satisfactorilysubstantiate despite my requests.

 

I have recently checked my Experian Credit Report wish shows it was lastupdated by Orange on 13th January 2013. It shows:

 

March 2011 - 1 month payment of £1,759.00 overdue

 

April 2011 – 2 months payment of £1.766.00 overdue

 

May 2011 – 3 months payment of £1,865.00 overdue

 

Thereafter to date it indicates £0 unable to update.

 

I have no wish be associated with Orange going forward, and wish to dissolveour association as quickly as possible. Imaintain I do not owe Orange the money they claim but if I have to paysomething to make this go away I will. Likewise if Orange continues to demandmonies from me in this regard I am willing to take my chances in court.

 

I have not responded to BCW and would welcome any advice on how best Ishould proceed in this matter.

 

Thank you in advance for any advice or assistance offered.

 

Robert Sandry

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Hi welcome to CAG,

 

Have you at any time made a FORMAL COMPLAINT to Orange or has this gone through ''customer services''?

Did you receive a copy of the ''service agreement from Orange? If not request it from BCW now.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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dont worry about BCW

 

they are not BAILIFFS

 

and have NO SUCH LEGAL POWERS

 

 

they also have no remit to be able to add any charges

 

if you are not worried about your CRA file

then it will go on the defaults 6th birthday

 

the CEO of orange usually get a result if you email him.

 

IMHO you owe NOWT.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have made a number of formal complaints to Orange resulting in them issuing a deadlock letter in May 2011. During the CICAS process in May 2011 Orange provided in their defence a copy of their general terms (not signed by me). I dealt mainly at this time with The Excutive Office at Orange as Customer Services were usless.

I consider my recent letter of 23rd January 2013 a further complaint this was sent to the Collections Department at Orange by recorded mail. I have not recieved a response to this letter.

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Orange have now placed a default on my Experian Credit Report idntifying the defult sum as £1773.00 not £2479 as identified by BCW this matter has been ongoing for 2 years I am not making any progress to resolution with Orange who have not responded to my last letter of 23rd january 2013 (detailed above). I have no wish to communicate with BCW who are now making frequent phone calls to my home phone.

 

I have no wish to pay for reasons stated in my post above but I want this matter settled so I can move on. I assume I am now stuck with the default for the next six years and can do nothing about this. My question now is if I cannot agree an amicable settlement with Orange, what is the likelihood of this matter progressing to court? Am I fighting a loosing battle and just delaying the enevitable and should I just pay under protest (this will not clear the default) as I can't beat the system? Our should I continue to write to Orange compalining they have not responded to my last letter, the amount BCW claim I owe (which I despute) is considerable higher to that Orange claim I owe (again I dispute)?

 

Any guidance is most welcome.

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As a deadlock letter has been sent and you say you have ''no wish to pay'' this reaches the stage where litigation is almost certain imo.

How you handle this now is a personal decision continue to dispute, negotiate or wait for litigation seek legal advice locally.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It's my opinion that mobile operators should apply an affordable credit limit to their phones and contact you before allowing you to run up an unaffordable bill.

 

Have Orange provided an itemised list of when you used the data?

 

Did you purposely leave data turned on or were you unaware of your phone using data in the background periodically?

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  • 1 month later...

Hi Robert,

 

I can understand how much stress this brings in when we do not get necessary information we need from Orange.

 

I am also also in the similar situation now, i had a bill of £496 last August because some applications in Samsung S2 automatically downloaded the data even in the small hours of the day. I would not be awake even at the time.

 

I received a debt collection letter from BCW.

 

I requested many times for a dead lock letter and i never got one.

 

I finally received the data usage details after 7 months but with the information i wanted. Details show the data is downloaded in the early morning when i would have been in deep sleep. It appears to me there is no legislation to protect the consumer on this mobile data usage.

 

I am not sure how Ombudsman did the ruling on Orange's favour. A consumer must know what they are paying for? In this case for mobile data usage, we would never know what site the data is downloaded from.

 

It would be intersting to see the reasons for for the ruling in Orange's favour because i have just registered a complaint with CISAS.

 

I am planning to see Citizens Advice Beureau to find out the legal options i have.

 

I also have added complication that Business name (ltd company) the phone was contracted through is closed and the direct debit changed to my personal account.

 

But BCW does not listen to any of this. They only have one thing in their mind, money.

 

Orange does not seem to care about the customer service and they are certainly not ready to listen to the customer point.

 

I would happily settle the bill if they prove that i used it, but they are not able to provide me the details of the mobile data usage on how i used the data.

 

Now that this amount went up to £528, eventually it goes in to my credit file. This will become another problem. But surely, they can not update the credit file with out the justification to Experian or Equifax.

 

I have had this orange contract for nearly 6 years with out any issue. Orange Customer Service does not care how good you have been with them with prompt payment of the invoices.

 

Certainly there is a loop hole in the legislation in Orange's favour. But i am not going to give in to Orange.

 

Good luck to you.

 

Thanks

Mabu

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