Orange / EE at MCOL

[nomorecrooks]

I've been an Orange / EE PAYG customer for many years, mainly because their service is really the only option where I live.

 

In any case, I travel to Asia for work, typically 3 to 4 weeks at a go. During this time my UK phone is with me and off becaue it has no service where I work (and I mean no service, nothing).

 

So, imagine my surprise to learn that on one trip while the phone was switched off it had used circa £70 in internet useage (and I have free internet as part of my PAYG). Endless calls to Orange and they acknowledge an error, my account will be refunded.

 

No refund so another round of calls to Orange in India. The manager in India tells me "I'll make certain you never receive your refund".

 

So, off to MCOL.

 

Now, Orange has written to me: no acknowledgement of error just a "goodwill" gesture of my total claim amount. However, the letter states that I must alow Orange 30+ days to send the cheque.

 

My question:

 

- Orange has repeatedly not lived up to its comittments to refund, therefore I don't trust it;

- A promise to pay is not payment, therefore I am not inclined to discontinue my claim.

 

Therefore, my view is ask for a judgement if I do not receive payment with the 28 days from deemed service.

 

I would be most grateful for CAG's thoughts on this.

 

 

 

(Note: the service address of Orange is:

Everything Everywhere Limited

Hatfield Business Park

Hatfield

Hertfordshire

AL10 9BW

tel: 01707 317000)

[renegadeimp]

If they have said you have to give them 30 days, then my advice would be to give them 30 days as an absolute last chance. Then on the 31'st day, in goes that claim with added POC's that they failed to adhere to their promise.

[2Grumpy]

Have EE explained how the charges got added to your account? If you didn't use your phone then why did EE do this?

 

And how are they not liable if they add items to your bill that they are prepared to refund after admitting that they made errors?

 

I would respond that you won't press for judgement for 30 days PROVIDED THAT THEY EXPLAIN HOW THE CHARGES WERE ADDED TO YOUR ACCOUNT IN THE FIRST PLACE but if the cheque has not cleared by xxxx then you will do

[nomorecrooks]

If they have said you have to give them 30 days, then my advice would be to give them 30 days as an absolute last chance. Then on the 31'st day, in goes that claim with added POC's that they failed to adhere to their promise.

 

Thank you; that said my existing POC's accurately set out my claim. The issue for me is am I obliged under law to wait while Orange takes its own good time or am I free to press for a Judgement on the basis that they have not paid?

[nomorecrooks]

Have EE explained how the charges got added to your account? If you didn't use your phone then why did EE do this?

 

And how are they not liable if they add items to your bill that they are prepared to refund after admitting that they made errors?

 

I would respond that you won't press for judgement for 30 days PROVIDED THAT THEY EXPLAIN HOW THE CHARGES WERE ADDED TO YOUR ACCOUNT IN THE FIRST PLACE but if the cheque has not cleared by xxxx then you will do

 

Thank you. No, no explanation has been given for the charges nor has Orange repaid the money.

 

My inclination is to pursue a Jufgement at the earliest opportunity if this is lawful. I have made a claim. Orange has not defended or paid me the money. Some vague proposal from Orange does not constitute Orange's legal obligations. Therefore I am inclined to seek a judgement.

 

Your thoughts please!

[ericsbrother]

You dont have to agree to their demand and I wouldnt. They can pay up at any time and the debt will be satisfied and you can cancel the action.You dont have to accept what I see as an attempt to blackmail you into dropping a claim that they are obviouly worried they will lose and give them bad publicity.

[nomorecrooks]

You dont have to agree to their demand and I wouldnt. They can pay up at any time and the debt will be satisfied and you can cancel the action.You dont have to accept what I see as an attempt to blackmail you into dropping a claim that they are obviouly worried they will lose and give them bad publicity.

 

OK, thank you. My immediate concern is if by requesting a judgement from the court on the basis that no payment has been received although Orange has "promised" to pay I would be acting contrary to the CPR system, you know: I should "give them a chance" or something.

[nomorecrooks]

An update: after filing my claim on moneyclaimonline Orange / EE wrote to me denying it had done anything but offering to pay both the claimed amount and the costs of the claim. Impossible not to settle so I took the money and dismissed my claim.

 

For me the moral of the story is: use MCO and Orange / EE will settle.