Orange didnt advise me about default

m_saad

Hello Everyone


Can anyone help me with a default notice issue. I have written to Orange recently advising that they cant default me as they havent given me a notice of defaulting my account. The camE back with this reply:

Thank you for your email received by the Executive Office. I have been asked to respond on behalf of Orange.

Please be advised that any agreement you may have with Orange is subject to the Supply of Network Services. The agreement that you hold with Orange PCS Limited is classed as a Service Agreement rather than a Credit Agreement, therefore, you would not receive any notification of a default.

I trust the above information is of assistance.

Yours sincerely
Julia Walker
Executive Office


I am not sure why they wont send me a default notice as I thought they have to let me know if they are defaulting me on any account.

ANY HELP WILL BE APPRECIATED

National_Debtline

Hi there

The requirements on banks, credit card companies etc. to issue default notices in a certain format are enshrined in the Consumer Credit Act. Mobile phone contracts are not regulated by this Act and so the same requirements do not apply - this can mean that defaults are registered quite abruptly, though I would normally expect the network to have sought repayment proposals from you first - was this the case and were you actively repaying the debt, or negotiating to repay it?

I am working on the assumption that you do not dispute the debt that led to the default. If you do, that is a different matter and you may have a chance of getting the default removed if you can show it was recorded in error.

Kind regards

Dennis
Twitter: @natdebtline

Tixy

A formal default notice is legally required for agreements covered by section87 of the Consumer credit act. A mobile phone agreement is not covered, so there is not a legal requirement for a default notice to be sent.

ICO guidance recommends that a notice of intention to file a default is sent for all types of agreements, however this is a recommendation. In practice most lenders will inform a customer in some format that they will file a default or record the arrears with the credit reference agencies.

What letters did you get from Orange in relation to your account? Typically they will send letters which make it clear that failure to rectify the account will result in a default being placed.

m_saad

Hi Thanks fro your reply, I have disputed the debt but it never got resolved as customer services of Orange is quite bad. They mostly hang up or transfer you between departments. As account is very old I cant remember much but I have been advised the default was set on account in june 2011, but I was disputing this from 2008. I used to receive letter to pay the debt which I igorned as there was no resolution but I sure I never received a letter about a default.

Tixy

If it is your account and you did not keep up with payments then you have little chance of disputing that you did default on it.

However you may have more luck with getting the default backdated if it has been dated unfairly late.
When did you first stop paying the account/get behind with payments?