Orange have Sold my 'Non-Debt'

Pont

In April of this year my contract with Orange came to an end. I called them to see if they had any deals. I wasn't happy with what they were offering so asked for my PAC code. I was told that this code expired in 30 days and if it wasn't used within this time my contract would remain. I asked if the code was used was that all I needed to do - told yes.

I moved from Orange EE to T-Mobile EE the next day (same company?). I paid a further payment then cancelled my direct debit.

Within a month I received a letter from Orange stating 'despite numerous attempts to contact me (none!) I 'owe' then £56'. My original payment was only £10.50 a month!

I have sent 2 letters stating the above - no response. I have sent 1 further letter billing them for my time/expense

I have now received a letter from our old friends Moorcroft together with numerous ansafone messages telling me to call then to 'avoid further action'. This in itself doesn't worry me - there is no debt so they can threaten what they want.

However, I'm seriously considering pursuing Orange through the Small Claims Court for incorrectly selling my details onwards to Moorcroft and for potentially damaging my credit rating. Has anybody done this? If so, what was the outcome?

NFH

If they have indeed damaged your credit rating, then it's a form of libel (defamation in writing). When companies in the past have given incorrect adverse information about me to credit reference agencies, I have written to them asking for an amount equal to twelve months' credit reference agency monitoring (around £75 I think) in full and final settlement of my claim for libel, and they paid up quickly without arguing at all.

Pont

I've checked my credit rating. When I last looked (a year ago) I was 'excellent' - now I'm 'fair'. I've apparently got 1 account overdue with 5 missed payments marked as EE Trading as Orange!! I'm really cross about this - and another letter from the Moorcroft clowns today when I got back from work.

Any advice on next course of action? I've tried writing to Orange (registered post on 4 occasions), I've never once had a reply! Do I go direct to The Small Claims Court now?

grumbler

Your next step is the ombudsman:

• Complaints code of practice

Pont

grumbler wrote: »

Your next step is the ombudsman:

• Complaints code of practice

Thanks - I've taken a look at EE's code of practice. According to what I've just read I've complied with everything (out of contract, 30 days notice etc).

This site mentions CISAS. - is the same as the ombudsman for telecommunications?

Why not direct to the Small Claims Court? This is what Moorcroft are threatening me with (I'd love the opportunity to meet them in court!).

Just questions you understand :-)

grumbler

Pont wrote: »

This site mentions CISAS. - is the same as the ombudsman for telecommunications?

Yes.

Why not direct to the Small Claims Court? This is what Moorcroft are threatening me with (I'd love the opportunity to meet them in court!).

SCC is good for claiming money, but in this case you are not owed anything except apologies and corrections to your credit file. Leave it as the last resort.

Ask the ombudsman for a monetary compensation if you are given such option.

Pont

Me again!

I made a CISAS applicarion as per the above.

On 22/01/2014 (Wednesday) I received an email (a Without Prejudice letter) back from Orange EE demanding a reply by Friday! A bit rich since they've never replied to any of my registered letters sent months ago!

They have offered to:-
'remove the outstanding balance' on my account (there wasn't an outstanding balance).
'update your credit file to remove any late payment/default information'

They also stated that I contacted them in May to ask about upgrading my contract - this is totally false! I contacted them in April to enquire about cheaper deals as I am a very light user. IMO this doesn't constitute an 'upgrade', and can't see how they would interpret my call as such. Quite the opposite, if anything this was a 'downgrade' enquiry. It was during the April call I gave them 30 days notice to cancel my contract.

Orange also add they haven't received any evidence to suggest my credit rating was affected due to their actions. I scanned and attached my credit report to CISAS that clearly showed that the only 'defaults' on it were attributed to Orange EE. Is this not evidence? Orange also state that I have not provided evidence that such entries have affected my ability to get credit. I had planned on extending my mortgage (had already discussed this with Mortgage provider back in March/April) in September (renovation work on the house - builder etc booked). I didn't contact my mortgage provider to progress with this, to make a formal request, as I understood this request would be declined due to a poor credit rating. I needed to get this matter settled first. Had to cancel builder until this is all sorted.

Orange also stated that the burden of proof rests with me to provide evidence in respect of monetary claims. As I have 'failed' to do so, in Orange's opinion, 'it is highly unlikely that CISAS would award you' a monetary sum.

Any ideas on how to progress?

When I reply do I cc CISAS in too?

Thanks in anticipation.

Pont

Any ideas anyone? I'm in the process of drafting a reply.

Anoneemoose

Pont wrote: »

Any ideas anyone? I'm in the process of drafting a reply.

Not 100% sure but think you have to have actually suffered losses because of it and be able to prove this. For e.g. - you got a new mortgage deal but it was on a higher rate due to your credit record being impacted. You would need proof that you would have been offered a better deal had it not been affected. I am no legal eagle and of course this is only an example but i think it is the 'gist'.

If it is just a case of having to delay renovation etc until resolved, I am not sure you would have a claim.

Did they ever say what the bill was made up of for that amount? I used to work for them so might be able to fathom it!

gjchester

Pont wrote: »

In April of this year my contract with Orange came to an end. I called them to see if they had any deals. I wasn't happy with what they were offering so asked for my PAC code. I was told that this code expired in 30 days and if it wasn't used within this time my contract would remain. I asked if the code was used was that all I needed to do - told yes.

I moved from Orange EE to T-Mobile EE the next day (same company?). I paid a further payment then cancelled my direct debit.

Did you use the PAC Code? You say you asked for one but not if it was used. PAC codes are not normally valid to move in side the same company, you normally need to port out and back, but given Orange and TM are the same company not sure how that would work, did the PAC code work, or was it an internal upgrade.

Pont

gjchester wrote: »

Did you use the PAC Code? You say you asked for one but not if it was used. PAC codes are not normally valid to move in side the same company, you normally need to port out and back, but given Orange and TM are the same company not sure how that would work, did the PAC code work, or was it an internal upgrade.

When I called Orange I asked for the PAC Code and was told it was valid for 30 days. About 2 days later I called T Mobile (I didn't know they were the same company at the time!) and gave them the PAC Code.

I also mentioned that I was getting nuisance calls (people kept calling asking for someone I'd never heard of) and T Mobile asked if I wanted a new number - I said yes that would be good. Surely there would be a record of using the PAC Code, then of a change of number? As far as I'm aware the PAC Code worked, then there was a number change.

At no time did I ask for an upgrade. I'm such a low user, the T Mobile person agreed with me, that an upgrade would have been crazy!

Do you think it's possible that the T Mobile person didn't use the PAC Code as instructed? I certainly gave it to them. Nonetheless, the records should still show that my old number changed to the new one and that I've continued to pay my monthly bill since all this happened.

Anoneemoose - I've never had any explanation of what the original £56 was made up of. When Moorcroft became involved it jumped up by various amounts. I've received a letter from Moorcroft staing that they are no longer involved and have referred my case back to Orange.