Orange Mobile/Capquest

[rees1970]

Hi all

I'm in need of some advice.

I discovered a default on my credit file from Orange Mobile a few months ago. I wrote them a letter in June about the default as my contract was cancelled. The default is from 2009.

They sent me a reply, letter dated 27th June, but I received it on Saturday 3rd Sept. Anyway, in this letter it explains what the default is for, but says that if I pay the outstanding balance they would remove the default and late payments recorded on my credit file, as a gesture of goodwill.

I rang them this morning to pay, and they've told me they don't have any details of my account, and they have no right to talk to me about this dept, because they've sold the debt to Capquest. They also said that NCO Europe had the debt before them. I haven't heard anything from any of these debt collectors.

Why would Orange sell the debt, when I'm already communicating with them directly about it?

I've also been told by Orange that I should ring Capquest to get this sorted, and that Capquest would have to investigate why I was sent a letter offering to remove the default, (a letter which was sent to me by Orange)

Confused about where I should go from here. Should I ring Capquest? or write a letter of complaint to Orange?

Any help would be appreciated. Thank you in advance

[rees1970]

Re: Orange Mobile/Capquest

Anyone??

[teaboy2]

Re: Orange Mobile/Capquest

Crapquest (yes correct spelling) if i remember rightly, there was a thread on Cough Cough CAG, where they had used the original Creditors Logo. So likely a ploy to fool you into paying basically.

Anyway, lets start from scratch to get to the bottom of this. You said you cancelled can you provide more details on this i.e. had the original term of the contract passed and you therefore cancelled the phone after paying all outstnading monies? Or did you cancell during the original period of the contract after the cancellation period at the start of the contract or during the cancellation period?

Once you give us a break down of the facts surround the cancellation then we can help you more.

Whatever you do, do not speak to crapquest they are muppets and will try anything to trick you into paying money to them whether the debt is legit or not.

[labman]

Re: Orange Mobile/Capquest

This is the e-mail for the CEO of Orange. I would e-mail him explaining what has happened, enclosing a copy of the agreement to remove adverse credit markers from your account and ask how you go about paying it as his employees refuse payment and you want it settled.

olaf.swantee@orange.co.uk


Normally once the CEO is involved things move much more swiftly!

[rees1970]

Re: Orange Mobile/Capquest

Thank you both very much for your replies.

labman: Thank you, I will send an e.mail and see what comes of it. Much appreciated!

teaboy2: Thank you also. I took a contract out with Orange through FDUK, on two mobile phones in November 2007, both on 18 month contracts. I cancelled the contracts on April 2009, giving the required 30 days notice. In June I received a bill, I rang Orange and was told to ignore it, the same thing happened in July, and I was assured that the contracts were cancelled. I heard nothing more about it. Earlier this year I found a default on my account by them, I wrote to them asking what the default was, and they replied saying they had no record of the contracts being cancelled. Unfortunately I cancelled the contracts over the phone (which I've done for over 10 years) and not in writing. I accept that due to this, and me not having proof, I will have to pay the balance. (lesson learnt!!) In their letter they stated that in return for full payment of balance they would clear the default from my credit file, which was a bonus to me, as I knew I had to pay it anyway. This morning I rang to pay, and they're refusing to discuss it with me, stating that it's been passed on to a third party!

[teaboy2]

Re: Orange Mobile/Capquest

Thank you both very much for your replies.

labman: Thank you, I will send an e.mail and see what comes of it. Much appreciated!

teaboy2: Thank you also. I took a contract out with Orange through FDUK, on two mobile phones in November 2007, both on 18 month contracts. I cancelled the contracts on April 2009, giving the required 30 days notice. In June I received a bill, I rang Orange and was told to ignore it, the same thing happened in July, and I was assured that the contracts were cancelled. I heard nothing more about it. Earlier this year I found a default on my account by them, I wrote to them asking what the default was, and they replied saying they had no record of the contracts being cancelled. Unfortunately I cancelled the contracts over the phone (which I've done for over 10 years) and not in writing. I accept that due to this, and me not having proof, I will have to pay the balance. (lesson learnt!!) In their letter they stated that in return for full payment of balance they would clear the default from my credit file, which was a bonus to me, as I knew I had to pay it anyway. This morning I rang to pay, and they're refusing to discuss it with me, stating that it's been passed on to a third party!

Personally i would not pay a penny to them, the fact is you verbally instructed them that you wished to cancelled they instead of cancelling upon your instructions carried on with a rolling contract, without your agreement or consent to the contract. their statement "they had no record of the contracts being cancelled" is a standard reply or excuse, that enables them to take a few more monthly subscription payments from you. The evidence you have is the very phone bills they sent you, showing you did not use the phone after the 30 days notice period, and the lack of the monthly phone bill after the month you cancelled i.e. i assume you did not receive further bills after July 2009?

So you have all the evidence to win in court as a court decides on balance of probability, the lack of monthly bills after April 2009 (when you cancelled) with the exception of june and july 2009 which you were told to ignoree and reassured the contract had been cancelled, will lead a judge to accept that you did indeed cancel and that orange failure to close the account was a breach of contract.

So you have the following claims and points to put in your email to the CEO.

1- why despite your companies claim you had no record of me verbally cancelling my contract in april 2009 were no monthly bills issued to my address, with the exception of june and july 2009 where i was told by your customer service (on the phone) to ignore and that the contract had indeed been cancelled? This lack of bills gives question as to the truthfulness of your companies claims as to not having received my verbal request to cancell the contract giving the required 30 days notice.

2 - As a result of myself cancelling the contracts and your company failing to honour my request and continued to add to monthly subcription amounts to my cancelled account, which accured between April 2009 when no bills were sent apart from in June and July 2009, then the default notice is inaccurate and libellous, and if not removed i will have grounds to issue a claim against your company for libel.

And 3 - given the above, and the mysterious cessation of the monthly bills no longer being sent to me after i cancelled in april 2009, despite your companys statement they had no records of my cancellation, then it is clear the bills only stopped as a result of my cancellation yet the account was left opened in order to simply accure a balance between april 2009 and now or when your company could then demand payment off after it reached a certain balance. I say your companies actions clearly show your companies policy to get away with not cancelling accounts when the customer like myself gives notices to cancell. Such action your company took amounts to fraud and i will be reporting your company to the police, trading standards, OFCOM, TELECOM, ICO (basically add any authurity over the telecommunications industry you can think off).

Then add the following paragraph.

Give the above i demand compensation (for the act of libel and fraud) and the account to be closed at zero balance and the inaccurate and libellous default on my credit file to be removed within 30 days. You have 14 days to respond, failing this or failing a satisfactory response, i shall next be writing to you with a letter before action as i fully intend to take this all the way, if you show you are not willing to resolve the issue to a satisfactory level in your response to this letter.

Yours sincerely and without prejudice

xxxxx

Infact they contradicted themselves by saying in july that the contracts where cancelled.

[Gorang]

Re: Orange Mobile/Capquest

Personally i would not pay a penny to them,

Dito nor would I

I would follow the excellent advice from teaboy2

an just make sure you keep everything in writing from now on so you have proof of what has been said and IF Crapquest contacts you then forward them a copy of the letter/email that you send to the CEO

also if you send any letters instead of emails then send via at least recorded delivery so you can obtain proof of postage from the Track and Trace

[rees1970]

Re: Orange Mobile/Capquest

Thank you again for your advice. You assume correctly teaboy2, I did not receive any more bills after July 2009. Verbally cancelled in April, final bill in May, then received a further two bills, June and July, then no further contact. According to the letter I received from Orange, the default relates to the invoices generated on 24/05/09 to 24/08/09 (contract should have ended 14/05/09). The default wasn't registered until 24/12/09, with a start date of 22/11/05 (the contracts were taken out in November 2007)

On speaking to my partner last night, he remembers his mobile phone was still working until July, when Orange then cut it off. I'm hoping my partner didn't use it after May!!! my phone must have been the same.

My partner also phoned Orange last night to ask them when his current contract was ending, and how he should cancel. He was told that it was ending 5th Feb and to phone them on 5th Jan, and that after 30 days the contract would automatically be cancelled. He stated to them that he'd probably cancel in writing and they said that they never do it in writing, only by phone!

Anyway I'll get this e.mail sent today. Thank you again

[teaboy2]

Re: Orange Mobile/Capquest

Thank you again for your advice. You assume correctly teaboy2, I did not receive any more bills after July 2009. Verbally cancelled in April, final bill in May, then received a further two bills, June and July, then no further contact. According to the letter I received from Orange, the default relates to the invoices generated on 24/05/09 to 24/08/09 (contract should have ended 14/05/09). The default wasn't registered until 24/12/09, with a start date of 22/11/05 (the contracts were taken out in November 2007)

On speaking to my partner last night, he remembers his mobile phone was still working until July, when Orange then cut it off. I'm hoping my partner didn't use it after May!!! my phone must have been the same.

My partner also phoned Orange last night to ask them when his current contract was ending, and how he should cancel. He was told that it was ending 5th Feb and to phone them on 5th Jan, and that after 30 days the contract would automatically be cancelled. He stated to them that he'd probably cancel in writing and they said that they never do it in writing, only by phone!

Anyway I'll get this e.mail sent today. Thank you again

If your boyfriend can provide a sworn written statement (affidavit) about what they stated to him then that would certainly help your claim. Our if you can get him to ask them to send him cancellation details in writing where it states they do not accept cancellations in writing and only by phone then, that alone would close the case, and you would have strong grounds for claiming fraud against them, not to mention the media having a field day with this. Or better still a phone recording of them stating as such.

The 22/11/2005 as the starting date on the Default of your file also makes it inaccurate, if they say the last invoice was generated in august 2009 then where is it and why were no further invoices generated after that date. I think we may have just undercovered a massive defrauding of customers who wish to cancel their contracts here and it would explain why we hear so many similar stories where people cancelled and they tunr round and say they have no record of such cancellation, its certainly suspicious when they state they do not accept cancellations in writing, such statement or failure act upon a written cancellation would be unlawful on their part no matter what their terms or policies are.

Even if he did use the phone after may, the fact it was cancelled means they should have blocked the phone from being used. If they did not or he used it before the 30 days notice was up then its their fault and such usage does not mean the contract is renewed as once cancelled they would need an unequivocal verbal or written communication from yourself made directly to them (CONTRACT LAW) stating as such. Bascially usage of the phone does not mean you accept or agreed to a contract - thats CONTRACT LAW, nor would they beable to prove you were the one using it, as for all they know you could have sold the handset if you see what i am getting at.

[rees1970]

Re: Orange Mobile/Capquest

Well It's been almost 2 weeks since I sent the e.mail, and still no reply! Am now wondering whether I should have sent a letter instead!

[teaboy2]

Re: Orange Mobile/Capquest

Did you email NCO europe or Orange?

[rees1970]

Re: Orange Mobile/Capquest

I sent it to the e.mail address given above, by labman.

[rees1970]

Re: Orange Mobile/Capquest

Any suggestions as to whether I should also send this e.mail in letter form?

[teaboy2]

Re: Orange Mobile/Capquest

Yes i would send it by recorded post, that way they can not deny receiving it, put a note in with the letter giving the subject line and date of the email and which email address it was sent too, informing them you still have not received a response to said email and this letter was sent by recorded delievery so they can not deny having never received your letter or email.

[rees1970]

Re: Orange Mobile/Capquest

Thankyou, do you have any idea who I should address the letter to?