Orange/EE - Wont Remove Fraudulent Default Notice From My Credit File!

[zjshah]

Hi there fellow CAG members,

 

I am in a bit of a mess here thanks to Orange/EE! Basically I have a default on my credit file which was placed on the 08/07/2012 for an Everything Everywhere TA Orange account!

 

This default is for the sum of £472 and the Orange account originally started on the 11/04/2007, now when this account was started I was only 17 years old. My date of birth is 29/07/1989 and my credit file for this particular entry shows the date of birth as 29/03/1986!!!

 

Now clearly someone has taken an Orange/EE account in my name and they have allowed it and now I am faced with this default on my account for the next 6 years! Initially I complained to Credit Expert and they have advised me that they cannot remove this entry as Orange/EE claim is correct. They advised me to write to the address for them which shows on the credit report, which I have done, it has been a year since I have been writing letters to both EE and Orange to their fraud and complaints departments, I sent them all recorded delivery and not a single one has replied to me, despite signing for my letters.

 

I have also spoken to CISAS and they have advised that there is nothing they can do as it is a legal matter if someone has opened this account in my name! So I am basically stuffed!

 

Now I have copied of all the letters I have written to them as well as the copies of my credit files which they have also been sent via letter and I am happy to share these with you guys. I must add that according to my credit file this Orange/EE account has been paid regularly as well as many numerous late payments since it first started on the 11/04/2007!

 

I also must add that recently when EE launched their 4G, I applied for a contract and I got approved right away and along came a SIM, and I have been using this ever since December 2012, surely if I owed them £472 they would not give me a another contract right?!

 

This is really stressing me out and I have just graduated and want to apply for a mortgage and start my own business, but I cant even get approved for anything due to this default on m account!!!

 

I was thinking I should file for a small claims court hearing, to claim for this to be removed as well as compensation of the high interests I have paid on financial services ever since I was 18, as this has literally been stuck on my account since I was 18! Surely Orange/EE should have done a check to see if the details and incorrect date of birth was correct before giving this fraudster a mobile phone contract!

 

I hope you knowledgeable guys out there can help me and point me in the right direction! I really have no other option...

 

Thank you in advance!

 

Zain

[2Grumpy]

The CRA is the organisation publishing the information publishing the information

 

Orange/EE are the organisation providing the incorrect information for them to publish

 

In my eyes they are jointly liable, in the same way that both the writer/journalist AND newspaper/publisher would be liable for libel damages

 

There is plenty of case law. I suspect that they will try bluffing until 10 seconds before going to court, or offer to remove the information but not compensate you for your losses.

 

Given the precedents I would write to them both one last time identifying them as jointly liable for the libel and losses that you have incurred due to their negligence, that you have never held a contract with Orange, that in any event you would have been under 18 when the alleged contract was taken out and that you have suffered quantifiable losses that you require reimbursement of as well as damages for libel.

 

I would say that Orange/EE have no chance. I would start off by making a Subject Access Request demanding all information about the account. You will also need a CPR request to fill in what they won't supply on a SAR - they might not supply details of payments, direct debit information etc.

[zjshah]

Hello, thank you for your prompt reply. Do you think there is any point is requesting SAR and CPR? I feel like just issuing court proceedings, to be fair I don't think they will reply yet again and will simply just drag this matter on for longer.... do you recommend I get a solicitor to represent me or should I simply represent myself?

 

Any advice regarding this will be greatly appreciated.

 

Cheers

[CHRIS44G]

Why oh why would you want to use them if they have shafted you??? I would`t give `em a penny!!

[zjshah]

haha Chris they were my only choice have 4G! no one else offered it at the time and I really wanted it... kinda guess it proves one point that the dodgy account was infact not me, otherwise they would have not given me it surely...

[citizenB]

Have you contacted Action Fraud ?

[CHRIS44G]

I had the same thing with identity theft. I had all sorts of **** on my credit files that stopped me getting a mortgage. Took months to sort out. Orange were the only ones to refuse point blank to remove the false data. They are always right, never ever wrong. They`ll give an account to anyone, or in anyones name as far as I can see, no checks, nothing. If it defaults they are always in the right. Tough luck on anyone they hurt. Don`t use them!!!

[zjshah]

Hi, no I have not heard of Action Fraud? could you explain what it is please?

 

also Chris in the end did you manage to get the adverse data removed? and if so how did you go about doing it?

 

Thanks

[citizenB]

 

Why not give Action Fraud a call on their Free Phone number: 0300 123 2040.

 

This is what they say on their Web Site:

 

 

We're the UK's National Fraud Reporting Centre. If you've been ripped off or conned, there is something you can do about it - get in touch with us.

 

 

Click here for the Action Fraud website.

 

Why not give them a call and let us all know how you get on?

 

To prevent this happening click on this posting. How to beat ID Theft

 

Hope this helps

 

 

Here you go

[citizenB]

It would certainly be a good idea to send a Subject Access Request, because it will give you access to the data and might even provide you with more information. It would cost you £10.00 and they have 40 calendar days to comply.

 

CPR is only used when a claim has been issued.

 

You could issue a claim against them - however, you would need to be in possession of information (SAR) . This would probably be a small claim and as such costs are limited, so you could represent yourself if you feel confident enough and have all the facts

 

In your first post "small claim" is highlighted. If you click on that and follow the link, you will be taken to a small claims guide.

[2Grumpy]

CPR is only used when a claim has been issued.

 

I thought that CPR could be used when you are considering taking action...

Edited July 8, 2013 by 2Grumpy

[2Grumpy]

I suspect that so far you have been polite and said "please remove the entry"

 

I would demand or require them to remove the entry immediately unless they can prove that you had an account with them and that you are responsible for the amount that they claim is/was outstanding

 

Have they (or a DCA on their behalf) ever come after you for the £472?

 

(although they are on dodgy ground with termination fees)

[BRIGADIER2JCS]

For clarification: You have never had an account with Orange in the past?

If not the simplest and often most effective course is as follows;

 

For The Personal Attention of

The Data Controller

EE Trading as Orange.

 

Ref; Alleged account number xxxxxxxxxxxxx.

 

Formal Complaint:

 

Sir/Madam

I refer you to the long running dispute regarding this alleged account and I attach herewith a screen print showing a defaulted account entry on my credit reference files held by aaaaaaa credit refrence agency.

 

PLEASE TAKE NOTE I xxxxxxxxxxxxxx AM NOT NOW NOR HAVE I EVER BEEN A CUTOMER OF EE/TRADING AS ORANGE!

 

EE/ Orange are incorrect and damaging data to be displayed on credit reference files and thereby causing serious damage to my credit profile, as EE have taken an intractable attitude to my complaints regarding this matter I now seek financial redress for said damage to my credit worthiness, the stress and anxiety caused by try to reach a conclusion to this matter.

 

I have concluded that the sum of £1000.00 per damaging entry that EE has caused to be displayed and the sum of £2500.00 in relation to the stress, anxiety and the time taken to bring this matter to a conclusion.

 

I would seem that much of this problem has been caused by incompetence and intransigence on the part of EE, therefore I would expect EE to respond promptly and properly to this formal complaint rather that taking the full 56 days allowable in this situation.

 

If the appropriate action is not taken by EE I reserve the right to escalate this matter to the County Court and relevant regulators.

 

Use RM recorded/signed for post, check receipt.

[2Grumpy]

... and want to apply for a mortgage and start my own business, but I cant even get approved for anything due to this default on m account!!!

...

I was thinking I should file for a small claims court hearing, to claim for this to be removed as well as compensation of the high interests I have paid on financial services ever since I was 18, as this has literally been stuck on my account since I was 18! ....

 

I think that you have to try to quantify this now. Your losses might exceed what the Brig is suggesting demanding from them.

 

Brig's letter is excellent although you could add that should you have to go to court, you will be claiming much higher amount for their libelous comments on your CRA and any further financial losses.

 

This isn't necessarily fraud. It could easily be incompetence of Orange staff - failing to enter an address correctly, possibly by mistyping the postcode. Their customer was making payments. As Brig's letter says, their conduct since has hardly shown that they are the most efficient organisation! Unless they can prove otherwise, I would put this down to Orange's incompetence.

[BRIGADIER2JCS]

Believe me they will be fully aware of the costs of litigation, the amounts suggested are those that would be considered reasonable, so many time I see LsIP come very much 'unstuck' by overstating the amount in cases like this.

[zjshah]

hello every one! thank you for our help and support, and thank you Brig for your letter template!

 

I have an update, I used snippets from your letter and sent an email to Mr Olaf Swantee the CEO of EE... his email address is [email protected], now I sent this email on Sunday night and I received a phone call yesterday from a lady called Jackie from the Executive Office at EE, in response to the email I sent to Mr Olaf Swantee.

 

Now on this email I attached all the letters where they have ignored me and of course Jackie was aware of this and was unable to answer me as to why I have been ignored over the best part of a year... anyway moving on she said she was going to take this matter seriously and get it rectified and that I needed to send in an email with my ID (Passport & Bank Statement) to prove that this account was not mine (i.e the difference in date of births) anyway I did this within 10 minutes and emailed it across for her attention on [email protected], she said she would get back to me within 24 hours, well call it 26 hours and I just got a phone call today!

 

She agrees that it is a fraudulent/mistaken account and now that she has confirmed my ID, it will be removed from my credit file, but there are processes in place so may take a week. I questioned her about a letter to confirm this and she said she will email me and confirm all the details once its all done! So far so good, then I questioned her on the compensation aspect of things and she said this is not something they offer...

 

What are my options now? I would like to claim for compensation from these idiots, especially as they have really tarnished my credit file, since the default was placed on my account. I have never been able to get a decent rate credit card and have resulted in only being able to get a Vanquis credit card which as you may already know has very high rates! Anyway I have had this card and have still not been able to pay this off due to the interest always catching up on me, that said I haven't even used the card for the last 3 years and there still is a balance of £2500!

 

I feel had I not had this default on my account I would have been able to pay off my credit card much sooner by applying for other credit cards and doing balance transfers. But of course this default would not even allow me to open a normal current account let alone a good rate credit card. Recently after graduating I have not even been able to start my own business and apply for a business bank account, again something which would have been avoided.

 

As for any declined application proofs I haven't kept any letters, nor have I kept the DCA letters which were sent to me in regards to the Orange/EE account... I simply binned them all.

 

Where do I stand guys? any advice is welcome? I don't mind taking this to small claims once its rectified by EE, unless I am not able to do this... but of course I will need help and advice as to what to do in terms or small claims...

 

than you again!

[citizenB]

I thought that CPR could be used when you are considering taking action...

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

[citizenB]

zishah,

 

If you are going to make an attempt at obtaining compensation, then you should make sure you have as much information as possible.

 

Where you have been declined for preferential rates, or where other credit has been declined.

 

Although I see that you have actually destroyed most of the evidence that would have helped !!

 

You will need to prove that you have suffered because of the incorrect entry.

 

I am sure others with more knowledge on this will look in on you.

[zjshah]

Hello citizenB, thank you for your response, yes my mistake for binning everything although I do have a record of the many credit searches gone on my name on my credit file! And more importantly none of those I have an account with such as the Halifax, Barclaycard etc... haha so that must show something right?

 

Any one else had any experience on this topic?

 

Cheers

[BRIGADIER2JCS]

Were these searches 'credit applications', ' Unrecorded searches', 'Opt in', debt collection/outstanding debt'?

If you have made any comparison site searches, or apps for credit products of any sort.