I want to sue Orange - best way?

Brian_Surgeon

Hello,

am very (text removed by MSE Forum Team) with Orange and want to sue them for compensation.

I lost my mobile, so needed to make an insurance claim for a replacement. The insurance company (not Orange, a third party) said I could only make a claim if I provided a proof of purchase/proof of usage document from Orange.

In brief, Orange customer services useless. Hours on phone, to eventually get a promise that document will be put in post, result... nothing. Start from scratch, same thing again. Go to EE shop, shop people really good and helpful, but they tell me that Orange customer services are a disaster and they can't really make any more progress than I can. We get yet another promise that document will be put in post and.... nothing.

Meanwhile I have no phone. I'm self employed so that's a problem.

I got to the point (after 2 months) where I couldn't be offline any longer for business reasons, so bought myself a replacement handset. Orange have prevented me from making an insurance claim, so I wish to sue them for the amount I would have been entitled to from my insurance.

I have of course written to Orange Complaints, detailing the situation and requesting compensation without having to go to court. Their response? An email with no text, no attempt at communication or apology, just..... the proof of usage document, which of course is now useless.

My question is - should I start a small claims track court case? Or register a complaint with Ofcom? Or both?

Any advice much appreciated.

Collabora

give their execs a call 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.

ConsumerGuy0016

How much compensation are you looking for? And can you prove any direct costs that have been incurred as a result of their negligence? If you can then I strongly suggest issuing them a letter before action.

Could report to Ofcom if it makes you feel better, but in all honesty this is unlikely to achieve anything.

macman

Proof of usage presumably means a bill. Couldn't you just print one off from your online acount, or show a bank statement as evidence of a monthly DD payment to Orange?
You could have used a cheap PAYG handset for those two months, plenty available for less than a tenner.
The regulator will not be interested until you have made a formal complaint against the provider and reached deadlock, that will take at least 8 weeks.
How much compensation were you asking for?

Silk

Brian_Surgeon wrote: »

Meanwhile I have no phone. I'm self employed so that's a problem.

I got to the point (after 2 months) where I couldn't be offline any longer for business reasons, so bought myself a replacement handset. Orange have prevented me from making an insurance claim, so I wish to sue them for the amount I would have been entitled to from my insurance.

If you were using it for business was it a business account ?


2 months seems a very long time ...from reporting it lost how long was it before you got a replacement sim ?


What was the problem with buying a cheapie phone, tenner maybe? to use the sim in ?


What is the amount you would claim from the insurance, does it have an excess ?

Brian_Surgeon wrote: »

I have of course written to Orange Complaints, detailing the situation and requesting compensation without having to go to court. Their response? An email with no text, no attempt at communication or apology, just..... the proof of usage document, which of course is now useless.

Why is it now useless ? What's stopping you processing the claim now you have the document ?

Collabora

Brian_Surgeon wrote: »

Or register a complaint with Ofcom?

You would need a deadlock letter from Orange before you could go to Ofcom

Silk

Collabora wrote: »

You would need a deadlock letter from Orange before you could go to Ofcom

It would be CISAS not Ofcom and the OP could just wait 8 weeks from when he sent the complaint.

grumbler

macman wrote: »

Proof of usage presumably means a bill. Couldn't you just print one off from your online acount, or show a bank statement as evidence of a monthly DD payment to Orange?

A bill doesn't prove that the handset in question was used.
Why would the insurance company care about DD or the phone number? What they want is IMEI.

Collabora

Silk wrote: »

It would be CISAS not Ofcom and the OP could just wait 8 weeks from when he sent the complaint.

I stand corrected, but still they would have to get a deadlock letter/email from Orange (which Orange wont give unless the complaint has not been resolved in an 8 week period) and as soon as they get that they can contact CISAS and once CISAS has the application and provided its valid they give the provider 14 days to respond

http://www.cisas.org.uk/CustomerInformation-4_e.html

Collabora

Silk wrote: »

The eight weeks starts from when the initial complaint is made

THATS WHAT I SAID

which Orange wont give unless the complaint has not been resolved in an 8 week period

ORANGE WONT GIVE THE DEADLOCK LETTER UNTIL THE COMPLAINT IS 8 WEEKS OLD WITHOUT BEING RESOLVED.

SO CISAS IS WRONG THEN

http://www.cisas.org.uk/FrequentlyAskedQuestions-11_e.html

How should I complain? You should first of all let the company know that you have a problem with them. The company then has up to eight weeks to either try and settle that problem with you or to issue you with a deadlock letter, which will refer you to us. If you come to us before going to the company then we will be unable to handle your complaint and will refer you to the company.

flashg67

Most insurance companies, IME, need proof of the handset,so a bill won't do.

When I get a new phone, I always keep the delivery/advice note which comes with the phone & normally shows this info. These have been enough for me to make 2 claims so far.