Orange: derogatory status on credit file during dispute

benmcfc

Orange placed a derogatory status on my credit file whilst my contract with them was under dispute (I cancelled, refused to pay and took it to CISAS).

Should they have been allowed to do this before CISAS had been able to investigate?

How do I get it removed? Even if I end up paying it and not taking them to court, I don't want there to be a record of previous non-payment, as this isn't right.

simax

It is a factual record of payment. You chose the wrong course of action. You should have kept paying until the issue was resolved. By taking matters into your own hands you've now tarnished your credit record, and as it is factually correct (ie: you stopped paying), you'll find it hard, near impossible, to get the default removed.

NFH

If Orange have told a third party that you didn't pay a due amount when the unpaid amount was not due, then they have defamed you.

chanz4

if you didnt pay at least the contract amount, you breached your side and they are entilted to record it

satchef1

It depends on the nature of the dispute surely? For example, if the OP had cancelled the contract as per what is written in the T&Cs and can prove this then Orange don't have the right to continue billing him (thus the notes on his credit file are false). On the other hand if the OP simply refused to pay, possibly over some other dispute (billing, faulty handset) then Orange have every right to record the missed payments on his credit file.

benmcfc

satchef1 wrote: »

It depends on the nature of the dispute surely? For example, if the OP had cancelled the contract as per what is written in the T&Cs and can prove this then Orange don't have the right to continue billing him (thus the notes on his credit file are false). On the other hand if the OP simply refused to pay, possibly over some other dispute (billing, faulty handset) then Orange have every right to record the missed payments on his credit file.

I cancelled the contract; was fully paid up until that point. I didn't want to pay any more at that stage and didn't because I was disputing the contract itself through CISAS. It's the cancellation fee that is on my credit profile.

grumbler

According to the T&C that you agreed to you cannot cancel without paying the cancellation fee.
Disputing something doesn't give you the right not to pay.
Pay first, then dispute and claim back.

Otherwise everyone wanting not to postpone paying would start pointless disputes.

NFH

benmcfc wrote: »

I cancelled the contract; was fully paid up until that point. I didn't want to pay any more at that stage and didn't because I was disputing the contract itself through CISAS. It's the cancellation fee that is on my credit profile.

Why did you cancel the contract? If it was because Orange did not supply the service with reasonable care and skill (in breach of Section 13 of the Supply of Goods and Services Act 1982), then Orange would have been in breach of contract and you would have good grounds not to pay a cancellation fee. Because you haven't given us the full story, it's hard to give an opinion.

Buzby

NFH wrote: »

If Orange have told a third party that you didn't pay a due amount when the unpaid amount was not due, then they have defamed you.

No they haven't. The customer has given them explicit permission to do this (it has been part of the T&C's for over 10 years now). No defamation (it isn't a 'public record') as if it later proves to be inaccurate, the DPA provides for it to be corrected.

grumbler

I am no expert, but I think it is a 'public record'.

chanz4

op were you out of contract, also did you give 30 days notice in the last month of the contract