Hi there
In need of some help. Basically 3 years ago i lost my job and ended up falling behind on payments for my phone bill with orange and got cut off. Not so long after that around 3 weeks i rang cleared the bill and that was the end of the matter (owing £117) couple of weeks after i took a new contract out with them again once back on my feet with no issues. Last week i went to apply for a mortgage and got declined i thought how strange i work for Barclays earning 28k with a deposit of 15k. i knew this was the only issue i had with money 3 years ago so was a little worried. so i was advised to get my credit file and to take a look. Anyway turns as i thought orange put a default note on my account ... great !! I Contacted orange and this is what they have sent me.
ORANGE
Thank you for getting in touch with us about the issues you have had with your Orange account and the information on your credit file.
We have reviewed the account and we completely understand the distress this matter is causing you. However, you will appreciate the fact that we are bound by the terms and conditions of the credit reference agencies to maintain true reflection of a customer’s account at any given point of time. Unfortunately on this occasion we have been unable to make any amendments to your credit file. The default information will remain on your credi tfile until 2016.
Whilst we appreciate this is not the response you hoped for, we trust the above information is of assistance.
Thank you once again for writing to us.
Thanks
My Message to them last night 03/17/2013
Good Evening
After taking some advice on this i still would like this removed. Please can you understand that this is having financial impact where i can’t get a mortgage and still have 3 years remaining on my file for this default? I am one of your higher paid customers over the last 3 years where you have had thousands from me and that i even came back to you after the first issue getting a default and that i still disgusted that after i had sent previous emails to you before no one seems intersted but taking my money every month currenty .
Please understand at the time i had lost my job and was unable to pay at the time and did clear the account after i had found a job. Please look at my account under ********** as you can see i pay you on time every month and never miss a payment. I would like this removed ASAP otherwise please supply the below so i can take further.
After recently obtaining a copy of my credit file again from Credit Expert I was concerned to note that your company has placed a "Default" notice against me.
Further to this I have no recollection of ever receiving such a notice via post, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 7 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully
This is what i got back today
Thank you for your response.
We acknowledge the comments within your original e-mail; however, we are unable to amend the details on your credit file as they are correct. They are recorded in accordance with the terms and conditions of Orange. I have reviewed your request to remove an Orange default from your credit file before the 6 year period concludes. Whilst I appreciate the disappointment caused, I am unable to make the amendment requested. The data held with the credit reference agencies is correct.
However, we would like to inform you that Orange do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated agreement under the Consumer Credit Act as such we are not required to retain a signed copy of your agreement. When you connect to Orange you would have been asked to either sign a customer agreement form stating that you had read and agreed to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of your phone. This is in compliance with the Consumer Protection (Distance Selling) Regulations 2000. In all cases the terms and conditions applicable to your agreement with Orange (The Contract) are supplied in the box with the phone. These will either be in a separate guide or in the back of your phone user guide.
For any further queries please contact our Customer Service team and they will be happy to help you. You can reach them at 07973 100150.
Also, as we at credit referrals only deal with the credit file queries we would request you to contact our Collections team for any copies of the signed and dated invoice/reminder/outstanding debt letters. You can reach them at 07973 100178.
We also note your request for a copy of the original default notice. We are unable to provide you with this as your Orange contract is not a Consumer Credit Agreement, therefore we are not obliged to send you a default notice as stated under the Consumer Credit Act. If you require further information regarding this please refer to section 19.2 of the terms and conditions that came with your phone.
I appreciate that this may not be your desired outcome but the credit file entries are a true and fair reflection of your Orange account.
Can anyone help me with this and to get it removed as i cant get a morgage and i dont want to wait 3 more years till it drops off
Cheers
In need of some help. Basically 3 years ago i lost my job and ended up falling behind on payments for my phone bill with orange and got cut off. Not so long after that around 3 weeks i rang cleared the bill and that was the end of the matter (owing £117) couple of weeks after i took a new contract out with them again once back on my feet with no issues. Last week i went to apply for a mortgage and got declined i thought how strange i work for Barclays earning 28k with a deposit of 15k. i knew this was the only issue i had with money 3 years ago so was a little worried. so i was advised to get my credit file and to take a look. Anyway turns as i thought orange put a default note on my account ... great !! I Contacted orange and this is what they have sent me.
ORANGE
Thank you for getting in touch with us about the issues you have had with your Orange account and the information on your credit file.
We have reviewed the account and we completely understand the distress this matter is causing you. However, you will appreciate the fact that we are bound by the terms and conditions of the credit reference agencies to maintain true reflection of a customer’s account at any given point of time. Unfortunately on this occasion we have been unable to make any amendments to your credit file. The default information will remain on your credi tfile until 2016.
Whilst we appreciate this is not the response you hoped for, we trust the above information is of assistance.
Thank you once again for writing to us.
Thanks
My Message to them last night 03/17/2013
Good Evening
After taking some advice on this i still would like this removed. Please can you understand that this is having financial impact where i can’t get a mortgage and still have 3 years remaining on my file for this default? I am one of your higher paid customers over the last 3 years where you have had thousands from me and that i even came back to you after the first issue getting a default and that i still disgusted that after i had sent previous emails to you before no one seems intersted but taking my money every month currenty .
Please understand at the time i had lost my job and was unable to pay at the time and did clear the account after i had found a job. Please look at my account under ********** as you can see i pay you on time every month and never miss a payment. I would like this removed ASAP otherwise please supply the below so i can take further.
After recently obtaining a copy of my credit file again from Credit Expert I was concerned to note that your company has placed a "Default" notice against me.
Further to this I have no recollection of ever receiving such a notice via post, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 7 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully
This is what i got back today
Thank you for your response.
We acknowledge the comments within your original e-mail; however, we are unable to amend the details on your credit file as they are correct. They are recorded in accordance with the terms and conditions of Orange. I have reviewed your request to remove an Orange default from your credit file before the 6 year period concludes. Whilst I appreciate the disappointment caused, I am unable to make the amendment requested. The data held with the credit reference agencies is correct.
However, we would like to inform you that Orange do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated agreement under the Consumer Credit Act as such we are not required to retain a signed copy of your agreement. When you connect to Orange you would have been asked to either sign a customer agreement form stating that you had read and agreed to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of your phone. This is in compliance with the Consumer Protection (Distance Selling) Regulations 2000. In all cases the terms and conditions applicable to your agreement with Orange (The Contract) are supplied in the box with the phone. These will either be in a separate guide or in the back of your phone user guide.
For any further queries please contact our Customer Service team and they will be happy to help you. You can reach them at 07973 100150.
Also, as we at credit referrals only deal with the credit file queries we would request you to contact our Collections team for any copies of the signed and dated invoice/reminder/outstanding debt letters. You can reach them at 07973 100178.
We also note your request for a copy of the original default notice. We are unable to provide you with this as your Orange contract is not a Consumer Credit Agreement, therefore we are not obliged to send you a default notice as stated under the Consumer Credit Act. If you require further information regarding this please refer to section 19.2 of the terms and conditions that came with your phone.
I appreciate that this may not be your desired outcome but the credit file entries are a true and fair reflection of your Orange account.
Can anyone help me with this and to get it removed as i cant get a morgage and i dont want to wait 3 more years till it drops off
Cheers
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