Orange default/refusal to remove and mortgage application

notafanoforange

First post and a bit of a long one, apologies in advance. Back in October 2012 I called Orange in the last month of a 24 month contract and asked to 'pay it off' and get my PAC code as I was starting a new job and decided that a three phone (with the feel at home use abroad) was better for my needs so I paid the contract up and was given a PAC code (all good so far), but when the three phone came I liked the new number so decided to just use it, so called up Orange to cancel the PAC code and told them to terminate the contract as planned - I had to do this as they say if you don't cancel the PAC code they will keep you on a rolling contract. So at this stage the contract was fully settled, or so I thought.

I received my three handset and sim at the end of October 2012 and started using it, I sold the old orange handset to a phone recycling company and cut up the sim card. I changed address after starting my new job and didn't return to the address I had the orange contract at for approximately 8 months. At this point I found 'bills' from Orange and letters from a debt collector (Lowell) claiming that I had missed payments on the Orange contract and that the account had been put into default. At the time Orange were most unhelpful and essentially refused to tell me how this had happened and refused to call off the debt collector. I paid off Lowell as I was worried about CCJs etc and then sought to then try to get Orange to correct the situation.

Only now, after a matter of over 5 years have EE (Orange) explained to me why this happened. They said that when I called to cancel the PAC code the operator had left a note saying I wished to cancel the PAC and go on a rolling contract for £31 per month. Now this is just blatantly not true - I have told them to listen to the original call and they would hear this is total nonsense and look through the old bills they generated and they would see there was no use at all on the phone (I had sold the handset and cut up the sim), however they say they cannot see the old bills and cannot listen to the old call.

So essentially they are saying that despite having paid up the contract, the fact that I had no use for the sim (as was using a new three one) that I requested to continue on a £31 per month rolling contract that I did not use and did not pay for just for the hell of it. This makes absolutely no sense and surely if this was the case I would have called and cancelled the rolling contract rather than continue to have a contract that I didn't use that I was getting default notices for. I had the three contract from the end of October 2012 for 2 years until switching to O2 and have never missed a payment with either of them and can show that I was using the three contract from the expiry of my Orange contract at the end of October 2012 and that there was no use on the Orange contract. Orange are refusing to remove this default from my file as they say their 'evidence' is the note on my account from the operative despite the fact it would make absolutely zero sense for me to have done this and they claim they cannot listen to the call/check the bills to verify my version of events.

They are also saying they sent various letters and texts in January 2013, before terminating the number in February 2013, however as I wasn't living at that address and had cut up the sim card I didn't receive either of these. They have added a default date of June 2013, despite the fact that they are claiming the missed payments started in November 2012 and indeed they terminated the number in February 2013. I have tried to get them to remove the default as this obviously should never have been recorded as one/at least update the date of default to the they actually claim payments were missed but they have so far refused to do either (or rather instruct Lowell to update this data).

Therefore I am getting Orange to issue a letter of deadlock and intend to take this to the Ombudsman and just wondering where I am likely to stand with this? My credit record is otherwise perfect, I have never missed any other payments of any sort and the refusal to remove this is causing me stress over a mortgage application.

My girlfriend and I earn approx £120k a year between us and have £60-£70k (between 20-25%) of a deposit to put towards a mortgage and have can see we meet the affordability criteria but I'm worried that this 'default' Orange refuse to remove will mean we won't be able to get the mortgage and this is made especially bad by them recording a date of default so long after they claim I actually missed payments. Any advice or opinions on the likelihood of getting a mortgage are welcomed.

[Deleted User]

You'll have little problem getting a mortgage with a single default of that age, especially with that deposit.

Your broker will place it with the right lender.