Orange default removal question

Surfer

In November 2005 I entered into a supply contract with Orange via an agent. Orange offered a 1 GB download per month free of charge for the first three months on a year's contract. I questioned the agent on the cost of downloads once the free period was passed and in writing via email I was advised it was £4 per 1000 megabytes. I still have the original email. This did not sound unreasonable as orange were offering 1000 mbs free. I then agreed to the supply contract based on this info.
At end of March 2006 I received a bill in excess of £400 mostly for download charges. On questioning this I was told by Orange that it was £4 per megabyte. I immediately contacted the agent who then agreed that there had been a mistake but only advised me of this some 20 days later after I had recevied the first bill. They agreed to refund me the difference less the £4 as they stated this is what I would have paid anyway to the supplier. My argument is that they should then have paid the supplier the £4 as the agent did not have a network supply licence.
Anyway at the end of the following month I received another high bill but this time when I approached the agent for another refund they point blank refused to offer a refund stating that when I recevied the first bill I should have stopped downloading but at the time I assumed it was a clerical error as I had gone specifically for a package that offered me large downloads per month.
In addition approximatley 10 days of the new billing cycle would have elapsed before I got the first bill and until I received the first bill with the download charges I had no idea anything was wrong. At no time until approximately the 19th of April did the agent advise to stop downloading until the issue was resolved. As I had it in writing about the cost of the download per 1000 mbs I assumed that it was just a clearical error and it would be cleared off my bill. My billing cycle was from 20th of the month until 19th of the following month with the bill arriving at the end of each month.
Unfortunatley this did not happen and as I could not pay a bill of £400 plus at the time, I was defaulted and handed over to a DCA, NCO Europe. I agreed to pay them £70 per month which would have been the same amount for my contract if things had not gone pear shape. This now paid but the default remains.
I have written a nice letter to Orange and asked them politely to consider authorising the default to be removed as it was not deliberate on my part but due to a misleading pitch by the sales agent. Orange have not bothered with a response and I would like now to take it further.
I have checked all correspondence received from the agent and cannot find a contract at all as it was done over the Internet via the agents site mobiles.co.uk.
Please advice on the best course of action in order for me to get this one and only default removed as it is having an impact on my credit rating and I am unable to get deals at a good APR. In addition, I would like to take the agent to the Small Claims court for the extra download charges which work out at about £400. Would this be feasible?

cjbjb

Hi Surfer,

Is the account still with NCO? If so, you need to put your dispute in writing to them who will pass it onto the liaison team who can then look into your issue. If you still have no joy I would advise that you speak to the relevant department, billing if you don't feel that CSR is doing what they could for you ask to speak to their Team Leader. They maybe reluctant to deal with the call as it is now with a debt collection agency but is certainly worth a try.
However, if I read you right your grievance doesn't lie with Orange but the third party dealer and if that is so you need to take the issue up with them as they are the ones who mislead you and put you in this position.
Orange will only amend a credit file if they have made the mistake and cannot amend if your bill was just higher than you expected and that is why it hasn't been paid as they have a legal obligation to supply correct information about customer's payment history.

Good luck

proplusplus

I think the issue that you'll encounter here is that the sales pitch was from a 3rd party, and not Orange themsleves.

Orange have details of the talkplan and bundles etc. available to you.

so your argument would lie with the 3rd party and any settlement of incorrect charges with them too.

I believe Orange will refer you down that route.


proplusplus

Surfer

The concern here is to get the default lifted and the default was rasied by Orange. Orange actually stated in their reply that they are legally obliged to show a true reflection of how my acount was conducted. I never knew that they were legally obliged to log these details or is this another fob off?

Human_Writes

Surfer wrote: »

The concern here is to get the default lifted and the default was rasied by Orange. Orange actually stated in their reply that they are legally obliged to show a true reflection of how my acount was conducted. I never knew that they were legally obliged to log these details or is this another fob off?

Yeah it's right, under the Data Protection Act they have to hold correct information about your payment history, any info they pass on also has to be correct, if the payment history they hold for you is correct they won't amend it.

Surfer

Thanks for all the replies. I suppose it does not count that I have it in writing from the agent the cost of the download tariff or that I wrote to Orange at the time and offered to pay an extra £50 over and above my subscription until the excessive amount was paid.
When I tried to make a payment at the time of £120 Orange refused to take the payment unless I paid the full amount. Unfortunately this part was all verbal so I cannot prove it. If they had accepted the £120 thsi would have been tantamount to accepting my payment plance which they did not want to do. At that point my account was still up to date except for the last bill.
I am very tempted to take it to court to see if I can get the default removed as I am unable to find any form of contract bertween Orange and myself and basically it was not really my error as I had taken every precaution to esure that i got the right contract and tariffs hence the prrof in writing of the tariffs.
I will be taking the agent to court to claim part of the download charges but I do nto know if I can get them to interven on my behalf and get the judge to order the default ot be lifted. I have some loans that I wish to consolidate at a lower interest rate over a shorter period of time and cannot get preferential rates at present hence the need to get this issue resolved.
Your input and gudance is always welcomed. Thanks.

Human_Writes

Surfer wrote: »

I am very tempted to take it to court to see if I can get the default removed as I am unable to find any form of contract bertween Orange and myself and basically it was not really my error as I had taken every precaution to esure that i got the right contract and tariffs hence the prrof in writing of the tariffs.

From what your saying your i.e details sent by email, it sounds like this was a distance sale, in which case a signed contract would not exist, you'd receive a copy of the terms of the contract and acceptance is indicated by using/registering the phone and not returning it during the seven working day cooling off period.

The T&C's of your Orange contract would allow them to share your payment history with third parties.