Hi All

Just after a bit of help with a really frustrating situation.

Basically in 2005 I got a mobile with work so I asked Orange whom I had my personal mobile with to reduce my tariff to the minimum possible. They said they would and it would take a month to go through. Around 3 months later I noticed that the reduction had not gone through so I phoned them and they said they would look into it, but would get the tariff reduced.

Again it never happned. I therefore cancelled my Direct Debit and wrote to them saying they owed me £200 being the difference betweenwhat I was paying and what I should have. They continued to charge me for the rest of the contract at full rate.

To cut a long story short they then registered a default against me for £300, but they owe me! I immediatley contacted them by letter complaing and heard nothing back. I have since chased regularly but still they have not sorted.

Up to now things have not been urgent as I have not needed any form of credit - now I do and with a default I wont get far.

I wrote to the Executive Office who called and said they would look into it for me. The response a few days later was they cant do anything contact the Credit Referals team in Darlington (by letter) and the debt now belongs to Arrow Global a debt collection company. I wrote to their Chief Exec Tom Alexander and I got a reply from the Exec Office lady that answered me originally saying she responds on his behlaf so the reply is the same

I have refered the case to CISAS (but nothing will happen quickly) but I also want to take Orange to court to get this default removed.

Does anyone know how I would do this? If I contact Arrow - do they have the power to remove the default?

Thanks for your help!

G

Hi,

Basically you've done yourself in here. You cancelled the direct debit when you were legally contracted to pay, regardless of whether they had reduced your tariff or not. If you read the contract terms and conditions it will state that you have to pay the contract for the minimum term with very few exceptions, and this isn't one of them.

You might be able to get the amount reduced due to the fact that you should have had your tariff lowered. However, you are still liable for the remaining months payment(s) left in the contract until you had given at least 30 days notice.

The customer service you've experienced has been rubbish at best, however you've gone about it entirely the wrong way, however the default is actually of your own making so you'll be very lucky to get it removed.

Thanks for the info - although not good reading!

If the amount is reduced due to the fact I should have had my tariff lowered then they will owe me I did let this carry on for around 6 months before I cancelled the direct debt and I have now found some more letters where I threatened to cancel!

Guess I will wait and see what CISAS says but as the debt is now with Arrow (who have never made any contact with me at all) perhaps I can contact them.

Now I am totally stuck!

I have asked for a copy of the default - but they replied saying that mobile phone networks fall outside the consumer credit act and therefore they need not supply me with a copy of the default notice.

I need this thing sorted - but they have said the debt was passed to Arrow Global a year ago - they have never been in touch and my efforts to contact them and indeed speak to anyone that knows something about this situation have been fruitless - any ideas where I go from here? I am told Arrow outsource a lot of their collection work but I do not show on their systems.

Thanks!

Purely my opinion, but ANY organisation that has access to and can update your credit history does not fall outsit of the remit of the Consumer Credit Act.

There's plenty of threads on this forum dealing with Mobile Phone complaints so you might be able to get good advice from there, additionally someone like Jalexa or Conmankiller will hopefully have better info than me (No Internet at work!) :o(

steadg:

Now I am totally stuck!

I have asked for a copy of the default - but they replied saying that mobile phone networks fall outside the consumer credit act and therefore they need not supply me with a copy of the default notice.

I think you said in a previous post that the complaint had been referred to CISAS. As you know this will take some time such is the abysmal reputation of mobile companies.

You should add the latest Orange remark (do you have documentary proof?) to the CISAS case. I don't know the answer to this (please let us know if you find out) - does CISAS believe enforcement should be stayed pending the CISAS final decsion?

Ask CISAS.

Hi Jalexa - Yup you are correct - however I have today received a big envelope from Cisas sending all my documents back stating that as my correspondence with Orange is over a certain amount of time they are unable to look into the matter. (I'm at work and just had the letter read to me) They suggest I go to the CAB!

The nightmare therefore continues. Its only £300 and I would be prepared to pay it just to get this thing off my file (despite the fact I do not owe it!) but Orange say its now Arrow that are dealing with it and I need to contact them. I have just contacted Arrow who dont have me on their systems so there is nothing they can do! I do know they tend to outsource their collections but how I start finding that out I have no idea!

steadg:

today received a big envelope from Cisas sending all my documents back stating that as my correspondence with Orange is over a certain amount of time they are unable to look into the matter.

OK. I assume that the particular deadline CISAS quote is the 9 months after "first complaining" to Orange?

Anyway the alternate dispute resolution and ombudsmen services don't always uphold complaints, possibly only in about 50% of cases. The value is that it costs the complainer nothing but the organisation a hefty case fee regardless of outcome and smokes out the quality of the organisation's argument.

I hope everybody here digests that.

In the circumstances I think paying Arrow is an option although I am not certain that removes the default from credit records. Court action just to force the removal of the default seems potentially expensive and of uncertain outcome.

FWIW, my strategy here, recognising that your handling of the issue early on has contributed to the issue, would be to settle with Arrow, but separately consider a small claim against Orange for the amount you claim to be owed. That's legally much more straightforward.

For others reading this, when choosing between mobile contract and PAYG think very carefully if the risk of damage to your credit rating for a period of 6 years is worth the contract benefit.