Probably another unhappy orange customer in need of help!

Ash1408

First off hello! Might as well start of friendly!

I have a very big issue with orange at the moment which I hope to sum up as easily and short as possible which I'm trying to get as much advice on as possible because I potentionally will be going to court against them.

Basically the beginning.
January 2014 I took a second spare line out with orange at a very discounted price of £8 pm. Never used it but had it as a spare (cheaper for me to have two lines than one too long to explain the reason why) all was fine never used the line at all and ended up cutting the SIM card up in May/June time.

September 2014 orange contacted me saying they had "unusual high bill usage" and to contact them. I did so. Said on my second line calls had been made to various countries around the world which totalled up to £613. Informed them this was not me and they said they would infestigate this under fraud.

October 2014 I contact orange again to see what was happening. They put forward no investigating but instead charged me the amount which put me in my over draft and I recieved charges of £200. Then to find out orange were going to charge me a further £1100 bill. Totalling just over £1700.

I forwarded this on again to they're escalations team who ask me question about the SIM card location etc. I first I believed it was in my possession then I informed them days later it was actually cut up (this was due to my mother destroying it and me not knowing)
They stuck by they're decision that I'm liable for the charges due to not informing them of the sim car being lost stolen or damaged prior to the dates (does not say about destroyed) they provided me with the imei number of the phone which made the calls and suggested I contact the police.

Since then many months have gone by arguing back and forth. I suggested to them straight away that could the SIM card of been cloned (which is possible) to which they replied It was impossible. I have also asked numberous times for them to search the location of where the calls were made (again possible) but they have so far not done this.

I contacted cisas and opened up a case with them. Provided my evidence that I did not make the calls and thus it was somewhat identity fraud. I work in a call centre so luckily all my calls and log ins are recorded. Times I'm working and in calls match some of the times these fraud calls were made. Proving I could not make them. This evidence has seemed to be ignored.

Oranges defence was meerly 14 pages of legal wording and that they hadn't breached any terms or conditions and I was simply "an unhappy customer" ... Which after I would say 40 phone calls to them I would be yes.

I provided evidence that orange had breached data protection by giving my parents information about my case without passing above data. And that also they're denial of some calls (again which I had recorded and logged In work) was actual an act of perjury because it was on a signed legal document.

Then today. I recieved an email from the third party person looking at my case. To which the simple response was they didn't break any terms of condition, but they did lie about you calling. So you still have to pay the whole bill ( which is now over the £1900 mark) but here is £100 compensation for your troubles ( not even enough to cover my bank charges which I find insulting)

I suppose it comes down to I can prove I didn't make those calls, Iv challenged orange to prove I have. But all the times I have nothing has come of it and I'm still liable.

I'm looking at pursuing this case to court now as its nearly 6 months and it's taking its toll. Orange have said in they're defence letter, that they have passed my details to debt collectors (although I have not been informed by any letter etc is that legal?) and have actually put two "late payment" marks on my credit file while this whole case is still in dispute (again if it's in dispute can they do this) and my credit file had been destroyed to put it lightly. Going from a 5/5 to 1/5 I can not actually applying for any loan/ finance nothing. And being a 26 year old I was actually looking at a mortgage this year (suppose the light side of that.. Another year with the parents! Ha.

Anyways I'm after what ever advice I can be given. Anything I can be linked to (laws etc etc) or any information which might help my backing.

I'm not paying orange a penny for calls I did not make.

Thanks guys!

Ash1408

Oh and sorry for the long read!! yikes!!:eek:

Collabora

Try calling their Exec team on 0800 079 0232 Office opening hours are between 08:00 and 20:00, Monday to Friday or 08:00 and 18:00 on Saturday.

Ash1408

Already been through that approach. They proceeded to pass me around for 5 weeks "dealing" with my case. Only to find two days after sending s letter they responded. They offered to half my bill. Then lied on the phone about how they don't recorded all calls.

I'm needing help outside of orange. As I cant contact them any longer.

grumbler

Ash1408 wrote: »

January 2014 I took a second spare line out with orange at a very discounted price of £8 pm. Never used it but had it as a spare (cheaper for me to have two lines than one too long to explain the reason why) all was fine never used the line at all and ended up cutting the SIM card up in May/June time.

A spare line for £8p.m. that you never used?! 'Discounted'?
Cut the contract sim and kept paying £8p.m.?!

Neither of this makes any sense to me...

Ash1408

grumbler wrote: »

A spare line for £8p.m. that you never used?! 'Discounted'?
Cut the contract sim and kept paying £8p.m.?!

Neither of this makes no sense to me..

Sorry I was trying to keep the write up short hah.

Basically my phone broke. And with the discount orange offered me on a new line I could have two for cheaper than one.

The phone I used with my old contract at £20pm and the new sim card I just left at £8pm .. My contract before was £36.

As I knew I wasn't using it I just cut up the new SIM card and just paid for it. I did tell orange that I wouldn't be using the 2nd line and they were fine with this. Hope that makes a bit more sense now

Collabora

Regardless cutting up the sim does not stop the contract, so you are still liable for anything through that account

grumbler

My (hidden) point was that it was hard to believe that the sim was cut.
Stories aren't uncommon when active sims get lost or erroneously sold together with unneeded handsets - and then misused.

Ash1408

I can see your point yes.
However orange still don't seem to respond to my comment on this.

With it being cut up I knew the contract continued yes I was still paying it. It was cut so the SIM card could not be used. Well in situations like this.

I am thankful for the responses however I'd rather keep the space down to useful information rather than opinions or stuff Iv already said about.

Thanks

grumbler

OK.
Your story is Too Long To Read, that was why I stopped on the first lines.
Now I did read it and it just proves that my suspicion was correct:

...escalations team ...ask me question about the SIM card location etc. I first I believed it was in my possession then I informed them days later it was actually cut up (this was due to my mother destroying it and me not knowing)

LOL (sorry). It's even more hard to believe that your mother destroyed your sim without asking you. Most likely the sim was misplaced/lost and then misused by somebody: Occam's razor.

Indeed, cloning sims, even if possible, is not common.
Your only defense could be showing the sim, that you can't do.
The story about 'destroying' doesn't sound plausible.
The fact that it wasn't you who made the calls doesn't make any difference as you are responsible for all charges incurred before you report the sim lost or stolen.
IMHO you don't stand a chance of winning in court. Throwing good money after bad springs to mind.

Sorry, if it isn't what you wanted to hear.

I didn't go into the alleged DPA breach. Even if it was the case, it's an absolutely separate issue.

P.S. Your only possible point in a court can be that in case of fraud the amount that EE chase you for has to be the actual loss they made, i.e. the cost price without the profit added on the top. For this you need a better legal advice than you can possibly get on a mobile phones forum.

Collabora

...escalations team ...ask me question about the SIM card location etc. I first I believed it was in my possession then I informed them days later it was actually cut up (this was due to my mother destroying it and me not knowing)

first execs are not esculations team, but to Orange/EE look at it from them they send you a bill over £1700, then they ask for the sim location and you say it was in your possession, then a few days later you say my mother cut it up without my knowing. so changing your story, so what do you think they are going to think, you are just trying to avoid paying a £1,700 bill