Default on Credit file.

[Kaarejen]

Hello,

I have checked my credit file and I have found a default for an account with Orange Personal Communications witch I did not take out. The spelling of my name and date of birth is incorrect. I have contacted orange personal communications but they keep ignoring my letters. I have not been able to get credit (at all, not even able to open a bank account!). I wish to file for damages. I have contacted CISAS and there reply to this matter was:

"From the evidence provided you do not appear to be the Customer that holds an account with the Company you are complaining about. The CISAS scheme can be used for disputed between communication services providers and their customers only."

 

How would I take on this company and apply for compensation for not being to obtain credit since the default was registered, maybe small claims court? I know I could take the route of the ICO as I did not authorise them to disclose any details to a third party (No contract there at all).

What would I need to ask the company to supply under CPR and Pre Action Protocols

[slick132]

Hi Kaarejen,

 

Firstly, you need positive proof of the entries which appear under your name on CRA files.

 

If you don't have this already, I suggest you get paper prints outs from the CRA's which you can get for £2 each.

 

Once you have the evidence, you can set about proving that Orange have reported against YOUR CRA records incorrectly.

 

You should also read up on the case of Kpohraror v Woolwich Building Society.

 

[BRIGADIER2JCS]

Ok, firstly you must make a FORMAL COMPLAINT

to ORANGE send this to the CEO marked private and

confidential, you need to exhaust there complaints

procedure to either get the matter settled now or

get a final response, then you can take this further,

once you get this done post again for further help.

A judge will want to see this process as the onus of proof

as claimant will be firmly on you.

Brig.

[Kaarejen]

@slick132 I already have the £2 credit report.

[BRIGADIER2JCS]

Do as post3#

[Kaarejen]

I have contacted Orange the way that they ask you to on there complaints page.

This is what I wrote:

“Mobile number of account in question: 07XXXXXXXXX

 

I am NOT an ORANGE PERSONAL COMMUNICATIONS ('Orange') customer nor ever have been! As such there is no contractual agreement, nor is there any other type of agreement allowing Orange to process or disclose my personal data. I believe that the processing by you of such data in any manner to be unfair as it is incorrect and would in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. I further request that you contact all three Credit Reference Agencies to have all details of this account wiped from their files/records. I am confident that neither of the conditions in paragraphs 1 to 4 of Schedule 2 are met, and I assume you haven't obtained an order from the Secretary of State allowing you to continue processing my date.

 

Should twenty one days pass and you are still processing the said data, I reserve the right to report you to the Information Commissioners Office and take any further legal action that I deem necessary. All replies should be sent to my postal address.

 

Yours Sincerely,”

Can I now go and fill in a N1 form as they have acknowledged receipt but have not replied to my concerns. All their letter said is “Your query is being looked at”

[slick132]

Have the 21 days you gave them to resolve your issues elapsed yet.

 

[BRIGADIER2JCS]

Hi, the problem is that your letter most probably

went straight to '' customer services'' who have no authority

to do other than ignore or send template responses.

You need to address higher authority to get anywhere.

[Kaarejen]

Have the 21 days you gave them to resolve your issues elapsed yet.

 

116 Days have passed, what I was going to do rather than have my letter thrown in the bin by the CEO's PA was send them a follow up letter saying:

"Dear Sir/Madam,

I refer to previous correspondence in relation to this matter to which you have acknowledged receipt but I have received no reply.

I write to advise that if I do not receive a a response stating your intentions within the next seven days, I will have no alternative but to issue proceedings in the County Court without further notice.

If it is necessary for me to pursue this course of action, please note that I intend to claim for a damages, together with the court fees.

I look forward to hearing from you within the next seven days."

Then attatch the original letter. I wish to claim for compensation as this has gone on too long now so wish for this to be resolved by court. By sending this I believe I have done everything possible to resolve this matter as per their complaint procedure, I have even contacted CISAS, an independant Adjudicator to try to resolve this issue.

Do you think this will be sufficent to show the court I have tried to resolve this matter without going to court?

 

Thanks,

Kaarejen

 

[BRIGADIER2JCS]

Issue a claim!!!

[Kaarejen]

Issue a claim!!!

Should I send them the follow up letter advising them that I am issuing a claim if they do not respond to the first notice?

[BRIGADIER2JCS]

Straight forward LETTER BEFORE ACTION

pertinent points only and concisely addressed.

[Kaarejen]

What would I put in the Value box on the N1 form?

 

Thanks,

Kaarejen

[BRIGADIER2JCS]

For that I have to say you really need

legal advice first hand I personally would

not like to quantify the amount of damages,

cost etc., without being fully aquainted with

all the ramifications and documents in front of

me.

I don't know if any others here would be willing to

make an assessment so I'll bump this for ideas.

 

BUMP

[Kaarejen]

Dear Sir/Madam,

I refer to previous correspondence in relation to this matter to which you have acknowledged receipt but I have received no reply.

I write to advise that if I do not receive a a response stating your intentions within the next seven days, I will have no alternative but to issue proceedings in the county court without further notice.If it is necessary for me to pursue this course of action, please note that I intend to claim for a damages, together with the court fees.

I look forward to hearing from you within the next seven days.

Will this do?

 

[BRIGADIER2JCS]

It will, just head in caps Letter Before Action.

[Kaarejen]

If anybody would like to make an assesment on damages, please take into consideration I havent been able to obtain any credit of any kind (i.e. Mobile phone contract, car finance, loans etc.)

 

Thanks for your help!

Kaarejen

[Kaarejen]

It will, just head in caps Letter Before Action.

Ok, Thanks

 

[Kaarejen]

Could I just write 'Unknown' in the value box?

[BRIGADIER2JCS]

The Particulars of claim need to

be specific, see what others say first.

Brig.

[Kaarejen]

..

Edited August 18, 2011 by Kaarejen
Posted twice, My bad :D

[Kaarejen]

I have been told by a friend to write the following in paticulars:

 

The claiment wishes to claim for unliquidated damages

 

Can anybody confirm this?

 

Thanks,

Kaarejen

[BRIGADIER2JCS]

That is good, go for it,

 

Brig.

[slick132]

I'll flag this up for attention, to see if any of the Site Team can recommend how you should proceed if taking court action.

 

[42man]

I suggest £5,000, I can't believe that you have had ZERO response, Orange and their poor, poor customer service....