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smnberryman

Orange upgrade - taken 2 direct debits and won't pay back

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Hi

 

My OH got an upgrade with Orange a few years ago (Mar 2008 to be exact)

 

Orange had been taking DD for both old and new contracts since March 2008 until June 2013)

 

My OH got a 'gesture of goodwill' refund from Orange for the last 6 months overpayments (~£200)

 

At the time I thought this was a refund of all overpayments, however now it's come to light this was only the tip of the iceberg! From trawling through statements the actual overpayment was just over £2k.

 

Yes, I know she should have checked statements regularly, but excusing that, it does not give Orange the right to keep the money...surely?

 

Apparently they only offered 3 months payments initially but upped this to 6 months and wouldn't go beyond this.

 

Should I contact Orange again and offer them the chance to repay the rest of the money?

 

Or should I go straight to the regulator? (is that Ofcom in this instance?)

 

Or small claims?

 

Thanks

 

(again I know she should have checked her statements!)

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Need some more information.

You said there was an upgrade, but then you mention that there was two separate accounts,

which doesn't sound right.

 

There are two scenarios that spring to mind, so could be one of these.

 

If someone on Orange upgrades

then they keep the same account, same mobile number, same payment details, etc.

 

All that happens is that a new phone is provided (i.e. the 'upgraded' phone)

in exchange for your OH agreed to be tied in to extended contract length.

Therefore, the original direct debit continues as before

(with perhaps a different monthly charge depending on the tariff that was agreed when upgrading).

There is no separate account set up and no separate direct debit.

 

Alternatively, i'm speculating here, but

sometimes customers go to an independent mobile dealership and ask to upgrade,

but for very conniving reasons that dealer sets up a new account as a new customer.

The customer then ends up with a new mobile number, a new account, new direct debit, etc.

 

it's not an upgrade but is actually a new connection.

The existing contract still remains until the customer cancels it,

or if it never gets cancelled then it keeps going.

 

So i can understand better,

can you clarify if your OH kept her mobile number when she upgraded?

Or was she given a new number?

Did she do the upgrade with Orange directly (either over the phone or in an Orange store)

or through a dealsership (Carphone Warehouse, Phones4U, etc.)?

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if it was via a direct debit

 

then use the DD guarantee phone your bank.

 

orange MUST be sending requests

oneway or another each month for the monies

 

if they did not

that breaks the DD guarantee


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Before doing a DD indemnity claim with the bank, it might just be worth considering the points i've raised, as if it is a genuine reason they have been taking the money (i.e. a new account was taken out in parallel to the existing account which was never closed) then the outcome would only be a trashed credit file. I'm sure that bank would comply if asked to do an indemnity, but it wouldn't really be addressing the reason why this has happened and whether this was a mistake by Orange, another company, or OH, etc.

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in reply to jack:

 

The upgrade was carried out by carphone warehouse.

 

I'm pretty sure that her number was changed.

 

So as you suggest maybe this was processed as a 'new' connection and they didn't tell Orange to stop the previous contract.

 

Is the onus on carphone warehouse to tell Orange? Or should the customer?

 

I'm wondering if the complaint should really be directed at CW instead now...

 

p.s. I should add that the contract in question was stopped a few months ago

Edited by smnberryman

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