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

grumbler

macman wrote: »

Yes, they should have stopped, but equally she should have cancelled the DD.

You should know well that cancelling a DD is a good option only for those who don't give a !!!! about their credit history.

Anoneemoose

smnberryman wrote: »

Yes I agree it doesn't look 'good' going back to try and get the rest of the payments.

I wasn't part of the discussions that led to 6 months payments being refunded, as far as I am concerned that's not good enough - they should be paying back the entire amount.

If this was indeed an 'upgrade', surely Orange should have stopped taking payments for a non-existent contract. I'm hardly being unreasonable am I? (again assuming this was an upgrade, and she didn't just take out a new contract without cancelling the other one)

That's the crux though. It sounds like it wasn't an upgrade, it sounds like a new connection was processed (and I'd bet probs by a dealer rather than Orange direct). So a new connection was processed but no one told Orange the old one needed cancelling.

smnberryman

Anoneemoose wrote: »

That's the crux though. It sounds like it wasn't an upgrade, it sounds like a new connection was processed (and I'd bet probs by a dealer rather than Orange direct). So a new connection was processed but no one told Orange the old one needed cancelling.

Yes good point.

The upgrade was done by carphone warhouse.

So the onus is on carphone warehouse to inform Orange? Or is it on the customer to cancel their previous contract?

Silk

smnberryman wrote: »

Yes good point.

The upgrade was done by carphone warhouse.

So the onus is on carphone warehouse to inform Orange? Or is it on the customer to cancel their previous contract?

The acid test would be whether she kept the same number ..... if she did it would be an upgrade if not then probably a new contract

Herongull

Don't worry about having accepted a "good will" payment of 6 months worth, as long as you didn't agree that it was in full and final settlement of your overall claim.

If you did agree this, then you can't claim more back.

But if it was purely "a goodwill gesture" without any strings, of course you can come back for the rest.

Silk is right - if she kept the same number, you have a strong hand. Take them to the small claims court and get everything outstanding back plus interest.

Open and shut case then, I would have thought.

But you need to do it within a certain period of the incorrect payments - 6 years?

PS What is their reason for not giving a full refund (with interest) and apology (and ideally a goodwill extra payment for your trouble)?

Anoneemoose

Herongull wrote: »

Don't worry about having accepted a "good will" payment of 6 months worth, as long as you didn't agree that it was in full and final settlement of your overall claim.

If you did agree this, then you can't claim more back.

But if it was purely "a goodwill gesture" without any strings, of course you can come back for the rest.

Silk is right - if she kept the same number, you have a strong hand. Take them to the small claims court and get everything outstanding back plus interest.

Open and shut case then, I would have thought.

But you need to do it within a certain period of the incorrect payments - 6 years?

PS What is their reason for not giving a full refund (with interest) and apology (and ideally a goodwill extra payment for your trouble)?

If she had kept the number, it would have been an upgrade and there wouldn't have been 2 bills.

I suspect the reason they will not refund/apologise is because the agreement was never cancelled so they continued to provide service.

smnberryman

Thanks all.

Turns out she got a new number.

Carphone warehouse invited her for an upgrade (the previous contract was purchased through them) but it seems they put it through as a new customer - which resulted in the 2 debits a month. She obviously assumed the old payments would cease.

Now, ignoring the fact she should have noticed this on her bank statements (I have mentioned it to her a few times ), are carphone warehouse in the wrong here?

Surely if they are going to process an upgrade as a new customer they should warn that the old contract payments will continue to be collected?

Anoneemoose

smnberryman wrote: »

Thanks all.

Turns out she got a new number.

Carphone warehouse invited her for an upgrade (the previous contract was purchased through them) but it seems they put it through as a new customer - which resulted in the 2 debits a month. She obviously assumed the old payments would cease.

Now, ignoring the fact she should have noticed this on her bank statements (I have mentioned it to her a few times ), are carphone warehouse in the wrong here?

Surely if they are going to process an upgrade as a new customer they should warn that the old contract payments will continue to be collected?

If you explicitly tell them you already have an agreement and are wanting an 'upgrade' on an existing contract and they then process this as a new connection, then yes I believe they should tell you. However, you will have a difficult time getting them to own up to this as ultimately the old contract is your OH's responsibility. It will be very difficult to prove CPW were in the wrong. Sorry.

smnberryman

Anoneemoose wrote: »

If you explicitly tell them you already have an agreement and are wanting an 'upgrade' on an existing contract and they then process this as a new connection, then yes I believe they should tell you. However, you will have a difficult time getting them to own up to this as ultimately the old contract is your OH's responsibility. It will be very difficult to prove CPW were in the wrong. Sorry.

Thanks, CPW did invite her for an upgrade. Even if it were relevant I suppose proving it 5/6 years later is another thing entirely.

Anoneemoose

smnberryman wrote: »

Thanks, CPW did invite her for an upgrade. Even if it were relevant I suppose proving it 5/6 years later is another thing entirely.

Yes, it will be a problem proving it! CPW used to do that a lot!