Orange Contract from 2001

iLLuzi0n

Hi guys, I have recently been trying to get my credit score fixed after a "friend" successfully ruined my Current Account with Natwest and gained me a nice default in the process.

While looking through my report I noticed a mobile phone contract from 2001 with an outstanding balance of £156. Now the truth is, I has completely forgotten about this as I was 18 at the time and a lot has obviously happened since then. This account has also not been put to default status since i stopped paying in 2001, it is showing as "upto date" on my file. Now, since i moved out of the flat where the contract was registered in 2001 I have recieved NO contact at all from Orange or DCA's.

So...I have issued a notice of correction as Im aware that debts over 6 years old are statue barred but have recieved a reply saying the following:

"After investigation, Orange has advised there is still an outstanding balance on the account and they have asked if you would please call their collections team on 07973...."

Where do I go from here? Should this account been defaulted years ago? Are Orange breaking any laws by keeping this account in a perpetual open state even though there has been no contact in over 12 years? Any help is very much appreciated, thankyou

iLLuzi0n

After reading some of the ICO Guidance page I found the following:

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

The word normally"" is the worrying/key issue here. Surely Orange are taking the proverbial p*** expecting this to be paid 12 years later without any default being issued?!

Tixy

If you have made no payments then you are right that the debt is likely statute barred (assuming they haven't obtained a CCJ against you during that time).

A debt being statute barred is not directly related to the data on your credit file (a debt could be SB and legitamately on your file, or could not be on your file but not be SB).

As you say though it does seem that the record on your account is unfair and does not reflect the account history What are they actually showing on it? Is it showing as '6' late payments each month?
I would write to Orange to say that the entry on your file is not in accordance with the ICO guidelines and ask them to remove it from your file and that if they fail to do so you will make a complaint to the FOS.

iLLuzi0n

Hi thanks for your reply. The account shows the following:

Name
Mr xxxxx xxxxx (N ote there is a spelling mistake in my name also)

Address
xxx Chorley Old Road Bolton xxx xxx

Date of birth
xxxxxx

Account type
Telecommunications Supplier

Account number
****4653 0

Account start date
26/09/2001

Opening balance
£ 156

Payment start date
26/09/2001

Repayment frequency
Monthly

Balance history


Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 2013 156 156 156 156 156 156 156 156




2012 156 156 156 156 156 156 156 156 156 156 156 156 2011 156 156 156 156 156 156 156 156 156 156 156 156 2010 156 156 156 156 156 156 156 156 156 156 156 156 2009 156 156 156 156 156 156 156 156 156 156 156 156
Clearly this shows that no payments have been made at least from 2009 let alone from 2001. Im thinking it might also be causing me problems as the account address is a linked address even though Ive not lived there for over a decade.

iLLuzi0n

Sorry for the bad formatting by the way, cut and paste probs

jacobtheamish

Do you actually owe Orange the money or is it false information?

Buzby

Have you spoken to Orange? That is usually the first port of call as a Notice of Correction is only to make you feel less put-upon.

CKhalvashi

jacobtheamish wrote: »

Do you actually owe Orange the money or is it false information?

Also, when was the last payment made? I know that this technically isn't a CCA account, but they should still follow ICO guidelines.

CK

fermi

iLLuzi0n wrote: »

While looking through my report I noticed a mobile phone contract from 2001 with an outstanding balance of £156. Now the truth is, I has completely forgotten about this as I was 18 at the time and a lot has obviously happened since then. This account has also not been put to default status since i stopped paying in 2001, it is showing as "upto date" on my file. Now, since i moved out of the flat where the contract was registered in 2001 I have recieved NO contact at all from Orange or DCA's.

DPA requires info recorded on your credit file to be adequate, accurate, up to date, and not processed for longer than is strictly necessary.

ICO guidance is their take on how those principle should apply to recording defaults.

To record an outstanding balance for 12+ years without recording a default falls down spectacularly on most/all of those counts. Showing what it does is completely innacurate and is not a fair reflection of the account history.

The account should have been defaulted within a reasonable time. And hence it should no longer show on your report.

iLLuzi0n

Thankyou very much Fermi. That is what I suspected but needed somebody in the know to confirm and explain better than I am able.

Somebody asked if I have spoken to Orange. I have tried Orange collections but need the Orange mobile number the account is linked with to proceed through the payment menu. The other option for payment problems gave me a message saying their system is down and they cannot take calls! Typical.

I will crack on taking some action and update when I get some feedback