Dispute With Orange.....please Help

[Paddyc01]

I recently got a copy of my credit file and noticed a Default from Orange. To be completely honest I do not even recall having a contract with Orange as I have usually always been an O2 customer but it is possible. If anything it would have been a contract I got for my partner at the time but again I honestly can’t remember.

I sent Orange a letter last week (Copy of which is below) and today I got a reply (Copy of which is below) which looks like I do not have a leg to stand on.

I know the letters are a little long winded but any help would be greatly appreciated.

FIRST LETTER TO ORANGE

Orange

St James Court

Great Park Road

Almondsbury

Bristol

BS32 4QJ

Date: 23/05/2007

Account Number/Reference: XXXX8936

 

Dear Sir/Madam,

 

After recently obtaining a copy of my credit file from Equifax (Experian & CallCredit reports requested), I am concerned to note that your company has placed a "Default" notice against an account I held with you.

 

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order to cover the statutory fee.

 

2. You must also supply me with a signed, true and certified copy of the original default notice.

 

 

3. Any deed of assignment if the debt was sold on

4. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

I would request that this data is provided to me within the next 12 days. If you are unable to provide this data then I require all information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

Yours faithfully,

 

 

 

Mr. ********

REPLY I RECEIVED FROM ORANGE

Dear Mr *****

Re: Account ********

I refer to your queries raised in your letter.

In response to your request for a copy of your signed agreement with Orange I can confirm that Orange do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated agreement under the consumer credit act as such we are not required to retain a signed copy of your agreement.

When you connect to Orange you would have been asked to either sign a customer agreement for stating that you have read and agree to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of your phone. This is in compliance with the consumer protection (Distance selling) regulations 2000. In all cases the terms and conditions applicable to your agreement with Orange (The contract) are supplied in the box with the phone. These will either be in a separate guide or in the back or your phone user guide.

As your mobile phone agreement is not classed as a regulated agreement under the consumer credit act 1974 we are also not obliged to send a formal default notice. In place of this we send a monthly bill and reminder letters which include information relating to the effect non payment will have on your ability to obtain credit. We also advise you in advance of joining the Orange network that we will pass on details of your payment performance to the credit reference agencies. This can be found in section 19 of your terms and conditions in your phone user guide or inbox literature.

With the above points in mind I wish to confirm that I will not be making no amendments to the default recording on your credit file until the amount of £465.02 is cleared, once cleared the default will be settled. The default relates to invoices raised between 24/02/2004 and 24/05/2004 which remain unpaid. After liaising with out collections department I can confirm that letters were sent advising you of the outstanding balance and the relevant consequences of non payment, after exhausting all possible routes for collection we ceased attempting to collect payment and recorded a default.

Although I appreciate your concerns on this matter I must confirm this is our final position on the matter.

Yours sincerely

Lee Weeks

Credit Referrals Department

Encl: £1 Postal Order.

[snu]

They're right. See http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/70464-mobile-phone-companies-consumer.html for the steps you should take.

[Paddyc01]

OK i have sent off a SAR request today and as far as i can see that is all i am able to do at this point.

 

If anyone knows of anything else i should do i would appreciate your imput.

[buzby]

As snu notes, that's really about it. Do note the subtlety of what Orange have said in their letter - once they receive payment they'll mark the debt as 'settled', not remove it. This will remain on your file for 6 years unless you can find Orange have not correctly administered your account.

[Paddyc01]

To be completly honest i do not even remember the account. I was always an O2 customer.

 

The only thing i can think is it was an account i got for my girlfrend at the time. If that is the case i have to try and find a way to prove it.

 

As it was in my name i dont think i have a leg to stand on.