Very very long dispute with orange

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Hello,

I am desperate for some help here. To cut a long story short...

Signed up for 3 mobile phone contracts at Carphone Warehouse using a company debit card and company bank account details.
2 weeks later, Orange have changed the name of the account to my own personal name and my address.
Company went down and they held me personally liable for the bills.
Have proof that the contracts were set up as a company account and even a cheque they sent me for overcharging one month was in the company name!
My credit file is ruined because of this and i need to get some legal help to get this removed.
Please can someone help me as it is just killing me!
Thanks,
Dan
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Comments

  • chanz4
    chanz4 Posts: 10,906 Forumite
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    was it a limited company?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • Hotlic
    Hotlic Posts: 8 Forumite
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    Hi there

    Thanks for the reply. Yes it was a Limited Company. Orange said I agreed to have the contracts transferred to my personal name over the phone after 2 weeks of using the original contracts. Back then, my personal credit wouldn't even allow me to get a £10pm sim only contract, so I am 100% sure I wouldn't have been able to pass credit on 3!

    Thanks
  • MataNui
    MataNui Posts: 1,075 Forumite
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    They are clearly talking rubbish and have no right at all to do this. I would make a complaint to the ombudsman and get some proper legal advice on if you can take them to court to force them to cancel the debt and put a correction on your credit file.

    I do know the following as fact though.
    Firstly its virtually impossible to transfer a mobile phone account from a company to a personal account. I tried with vodafone and it basically cant be done (OK, it can but it involves paying off the company contract plus paying for the number to be transferred. Its basically too expensive to bother with) so the fact Orange are claiming they did it with a single phone call is a massive joke.

    They are claiming they changed a contract from one legal entity to another with no proof at all that they had instruction or authority to do this. I assume you asked for a recording of this phone call? If you are telling the truth they obviously wont be able to provide it. In a court that would be the end if it, case closed, they lose. It is up to them to prove they had authority to transfer the contract not up to you to prove they didnt.
  • Silk
    Silk Posts: 4,836 Forumite
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    Hotlic wrote: »
    Signed up for 3 mobile phone contracts at Carphone Warehouse using a company debit card and company bank account details.
    2 weeks later, Orange have changed the name of the account to my own personal name and my address.
    Company went down and they held me personally liable for the bills.
    My guess would be your company failed the credit check when it was passed to Orange by CPW.
    Why did you not contest it at the time ?
    What was the length of time between it being transferred and the company folding ?
    Have you spoken to the liquidators and were you a director ?
    It's not just about the money
  • Hotlic
    Hotlic Posts: 8 Forumite
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    It definitely didn't fail a credit check. CPW basically set up the wrong type of account and it was set up as a personal instead of a business. The name on the account was the company name and Orange contacted me to tell me that. They didn't inform me that they were going to change names on the account and they definitely didn't get my permission to do it. No recorded calls from the to back up their story too.
    I think I would win in court but I have no idea who would be the best person to go to! Maybe someone could recommend a site or company I could contact to get the ball rolling?
  • Silk
    Silk Posts: 4,836 Forumite
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    When orange contacted you to tell you it was a personal account, what did they say they would do?
    It's not just about the money
  • Hotlic
    Hotlic Posts: 8 Forumite
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    Nothing. They just asked for details of the contact person for the account. Nothing about changing the contracts to my personal name. Completely scammed me.
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
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    I think you are going to need professional help here from someone who can get to the bottom of exactly what has happened. Because its a public forum, lots of the detail you need to give cannot be safely put in public.

    There are some things that need clarifying as well. For example, much more detail on the purchase. As far as I know, you need to make an appointment with a business consultant in order to take out a business contract with Carphone Warehouse. You will need to be clear about what exactly happened. (eg Did you have an appointment? Which tariff? What name is on the contract? What does the contract say? In what capacity were you acting (were you an authorised person acting on behalf of the company?) )etc etc.

    Your insurance may offer a legal helpline that can point you in the right direction
  • Silk
    Silk Posts: 4,836 Forumite
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    Hotlic wrote: »
    Nothing. They just asked for details of the contact person for the account. Nothing about changing the contracts to my personal name. Completely scammed me.

    So Orange ring you to tell you it's not a business contract but a personal contract and ask for contact details

    Why do you still think it's a business contract when you were told it wasn't?
    It's not just about the money
  • Hotlic
    Hotlic Posts: 8 Forumite
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    So just by them telling me that it's not a business contract, makes me personally liable? All the application forms were filled In using the company name. Bank details were company details. I was a director but that was it. No guarantee given by myself. Bills were originally in company name. As mentioned, even a queue was refunded to the company name.
    Carphone warehouse have basically set up a personal contract for me but put it in a business name. They aren't allowed to do that. Apparently they don't even OFF business contracts. I wasn't told that when I asked to set everything up. We just filled out the forms.
    I guess I should seek legal advice though. If anyone has any recommendations for solicitors please let me know.

    Thank you
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