SAR - Orange mobile, not fully complied.

[graplin]

Hello guys.

I'm in need of some advice. I had a contract with Orange for many years, in 2011 I began to make more and more complaints regarding the service and the mobile device. It became clear to me that I was just getting the same generic response and procedure from the Orange customer support (150). I began to get so frustrated, getting cut off on calls, not able to receive reception in key areas and now internet connection a lot of the time. The service had clearly worsened and my calls of complaints were more frequent, but to no avail.

Anyhow, my contact was about to end, I got a new SIM card (payg) and was happy that my contact had ended.

I have been persuade by Orange for a bill I didn't feel I owed due to the complaints made and the problems I endured with Orange prior to the end of my contact. Now Iam sure I verbally cancelled the contract but as time has lapsed there is no proof this. So I wrote to them explaining my situation. Orange stood their ground and told me they had no record of my complaints and when I spoke to one of there head office people, they said there was no record of me cancelling. I feel that they have failed to Log my complaints and this leaves me with no evidence if that's the case.

I was now in dispute. I sent off for an SAR and there is no recorded complaints. I made the best of what I had out of the little information they sent in the SAR and contacted the ombudsmen regarding my issue. I lost the dispute but am not happy with the outcome so I am fighting tooth and nail to get this unjust default off my credit report.

I recently sent Orange a letter saying that I feel my SAR was missing parts and am awaiting response.

They have sold the debt to Lowell and I'm in a pickle about what to do. *

Would appreciate some guidance if possible.

[Kati]

Re: SAR - Orange mobile, not fully complied.

If there's things missing from your SAR reply your best bet is a complaint to the ICO

[Kafka]

Re: SAR - Orange mobile, not fully complied.

Looking back, the problem is that you didn't record your correspondence. If you cancel a contract you should ensure that you copy letters and send them signed-for delivery so you have the proof.

The problem now is that you can't prove anything and so you have no evidence of the complaints or termination. You can complain to the ICO about non compliance, but that's likely to take months and all they'll probably do is write to you saying Orange have told them they have no record and it'll all fizzle out.

To be clear - are you disputing the amount, or are you saying it exists but you don't think you should have to pay it?

What have Lowell done and are they asking for more than it was previously?

[graplin]

Re: SAR - Orange mobile, not fully complied.

Thanks for the reply. Kafka, I am disputing the nature of the debt. I am disputing the complaints weren't dealt with appropriately and potentially not even Logged. I am disputing that they have used fob off tactics and passed the debt on while being in dispute. I'm so angry with the whole system and the way these big companies can ruin someone and they do their best to cover up any faults they have made.

[Kafka]

Re: SAR - Orange mobile, not fully complied.

I'm still not clear what the issues are here, in terms of legal position regarding a claim.

From what you have said I read 2 issues in dispute.

1) A dispute over monies owed due to the quality of service provided.
2) A cancelled contract where they kept on charging you after you said you had cancelled it, but can't provide the proof.

We still need to clarify exactly what is in dispute here.

[graplin]

Re: SAR - Orange mobile, not fully complied.

You have hit the nail on the head. 1#The poor quality of service was one. 2#The complaints I had made haven't been sent to me or haven't been logged. 3# verbally cancelled contract which they have no recollection or notes on.

I have gone as far as I can go and am not sure of the next step. Lowell have bought the debt and are now perusing me for payment. My main problems are the quality of service before my contact ended. I feel completely mugged off by Orange.

[nemesis45]

Re: SAR - Orange mobile, not fully complied.

You have hit the nail on the head. 1#The poor quality of service was one. 2#The complaints I had made haven't been sent to me or haven't been logged. 3# verbally cancelled contract which they have no recollection or notes on.

I have gone as far as I can go and am not sure of the next step. Lowell have bought the debt and are now perusing me for payment. My main problems are the quality of service before my contact ended. I feel completely mugged off by Orange.

Good morning,
The first thing that jump out from your post is " verbal cancellation" and the lack of communication data in a SAR response, the information isn't there to be had, from experience with Orange in the past a conversation taking place for example is denied even 10 minutes later.

Lowell will not be interested on the why an wherefores of the debt before they bought it from Orange.
How much is Lowell claiming you owe I suspect it will contain a hefty cancellation fee as the account will have been rolled over when no written cancellation was sent prior to the expiration of the original contract a favourite trap set for those unaware of the rollover clause in contracts.

Unfortunately I don't think you will be able to get the default removed the account was not cancelled in writing prior to the expiration of it, and then rolled over and no further payments made?? Your credit file must be accurate and up to day showing the true picture of the conduct of the account.
No paper trail, no record of calls ( not unusual)!

Have you made a Formal Complaint to Orange/EE or whatever it's called now? If not it may be worth a try find out the name of the CEO and address the complaint to that person. A Formal Complaint requires a full investigation and response within 56 days.

Meanwhile you have Lowell to deal with, very litigious at present if the sum owed is worth it. You could/should make Lowell aware that the debt is disputed and you have a " live" complaint ongoing, they may hold off for a while.

nem

[graplin]

Re: SAR - Orange mobile, not fully complied.

Hi Nemesis,

Thanks for the response.... I am very unexperianced and naive when it comes to these matters and I didn't know or even consider keeping logs of calls etc... I wrote to the C.E.O to complain but one of his minions replied explaining that they have no records of any issues and they are justified in their procedure, regardless of my issues.

I then took it to the ombudsmen and because I had little or no evidence to support my argument, they leaned in favour of Orange/ EE.

This has really rattled my cage because I know I have been seen off. So my issues are now that my complaints weren't dealt with, my complaints seem not to have been logged and if they have been recorded, weren't sent to me in the SAR. I am furious as I have no evidence that I did cancel and make complaints about the network services and they (apparently) have no evidence that I didn't complain.

I believe they have withheld information within the SAR and have sent a letter to them suggesting this and that they need to rectify this.

I am yet to hear anything from them regarding this matter and this was 2 weeks ago.

I Now need to sort Lowell out. They seem to think that they can extort this money from me as they have now bought the debt.

Shall I send them a 'prove it' letter??

[nemesis45]

Re: SAR - Orange mobile, not fully complied.

Hi Nemesis,

Thanks for the response.... I am very unexperianced and naive when it comes to these matters and I didn't know or even consider keeping logs of calls etc... I wrote to the C.E.O to complain but one of his minions replied explaining that they have no records of any issues and they are justified in their procedure, regardless of my issues.

I then took it to the ombudsmen and because I had little or no evidence to support my argument, they leaned in favour of Orange/ EE.

This has really rattled my cage because I know I have been seen off. So my issues are now that my complaints weren't dealt with, my complaints seem not to have been logged and if they have been recorded, weren't sent to me in the SAR. I am furious as I have no evidence that I did cancel and make complaints about the network services and they (apparently) have no evidence that I didn't complain.

I believe they have withheld information within the SAR and have sent a letter to them suggesting this and that they need to rectify this.

I am yet to hear anything from them regarding this matter and this was 2 weeks ago.

I Now need to sort Lowell out. They seem to think that they can extort this money from me as they have now bought the debt.

Shall I send them a 'prove it' letter??

Yes good idea!
What was missing from the SAR data?

nem