HELP! Phones 4 U has set up an Orange Mobile account under my name in error

[elias ali]

Hi guys,

 

I really need you help on this one, please take the time to read my story and sorry in advance for the long story..

 

This all started 6 years back when i visited one of the Phones 4 U store's in Birmingham. I was interested in purchasing a contract and as such had Phones 4 U to apply a credit check to my bank to find out whether i was eligible for a mobile contract. I NEVER purchased and neither did I agree to any contract or any sale of any products with the company. I was reassured and advised by the manager of Phones 4 U that my details would be cleared from their systems and i do not have to worry about having my details being stored.

 

Stay with me guys...this is where it gets worse

 

At that time i was studying away from home in Birmingham and had no idea what I was about to find out. A couple months later when I came back home back to Wales where I live for the holidays, checking through all my letters and bank statements I found out that i was being billed for a mobile contract with Orange. Straight away I realized that Phones 4 U had set up an account under my details illegally with Orange from that credit check. I contacted my bank and found out that a direct debit was set up which I obviously never signed or agreed to at any point and was billed for up to two months for the fraudulent set up of the line rental. I had the direct debit immediately cancelled and i contatced Phones 4 U in frsutration as Orange would not speak to me even though this account was set up fraudulently under my name..

 

So after my contact with Phones 4 U due to their useless customer services I went back to the store and confronted them and at first point they tried to ignore my dispute. The manager recognized me and such apologized for the problem and clearly confirmed it was their mistake and error in setting this account. they made several requests to Orange to have this account terminated and which they stated it was set up in error. I have all their internal email correspondence with orange where they have tried to have this account disconnected. the manager reassured me for the second time, on this occasion guaranteeing that my details have been fully corrected and that the account has been cancelled and I would be refunded for the charges unlawfully made to my bank. Never did that happen and soon with a busy life I started forgetting about the situation. Then a year later i was getting debt collectors visiting my house and letters from debt collection agencies (more than one company) who were apparently instructed by Orange to recover a debt of 70gbp which was allegedly outstanding for the account (which Phones 4 U promised me that it had been fully resolved).

 

Very p***** off from that moment as now my details were being shared and passed around. Things got even worse as a couple of months later I started getting harassed by Arrow Global, Fredrickson International Limited and Bryan Carter and so many other associates of theirs and not forgetting the other 100 companies who have harassed me before them. I have made so many complaints to these company's and even tried contacting Phones 4 U again who were investigating the matter once more. Another year has passed and up to date I have wasted so much time and money trying to fix an error that is not my fault and a debt that i do not owe. I am going through so much because of these companies are doing anything to fully resolve this problem. Orange has made no attempt to respond back to my letters and Arrow Global are just plain stupid. I have written so many request to them to prove their claim by providing an orriginal true copy of the signed agreement of the account and the debt they believe is owed but they ignore all the laws they are breaking and continue their harassment. They have made my life even worse as they have also had a Default addded to my credit file and this has been affecting my financial status for the pas 6 years. I have tried contacting CISAS and even ICO to report this but they are just as useless and don't really seem to care. CISAS never replied and ICO told me to write a final letter to both Phones 4 U and Orange. its been almost another month and Orange have ignored my letter but Phones 4 U replied saying that they are not able to get in touch with Orange and are in the process of dealing with this matter.

 

Phones 4 U are just pathetic with their resolution process the customer service is so bad i really cannot understand how these companies are allowed to stay in operation. This problem has been dragging now for almost 6 years, am now at a position where i am just lost with all hope and cannot deal with this any more. I am so stressed out and Orange still owe me a total of 72.34GBP of my money for the charges they made on 2 occasions illegally and I want to take all the 3 the companies to court for all the problems they have caused and sue them for every penny. :-x:-x

 

Any help would be greatly appreciated guys and thanks in advance!

Edited August 28, 2012 by elias ali

[BankFodder]

Obviously this is very serious and is causing you a great deal of damage.

A court in Scotland, a few years ago awarded a very large sum of money to someone in very similar circumstances and who had suffered problems with inability to buy a house etc because of negligence with their credit file.

 

If you look through the forum and the Vodafone section, you wil find a user Philharg (I think) who had very similar problems to you with Phones4u. VF paid him out about £1000. - You will be looking for a lot more as your situation is much more serious.

Phones 4 U clearly have a serious systems problem and they conduct their business negligently.

 

I suggest that you lodge a notice of dispute with the CRA. This won't have very much effect but you had better take all reasonable steps to try and reduce the damage.

Send Orange and also phones4u an SAR. Do this now. You want them to supply you will all data which they hold on you in any form and on any matter.

 

Gather all of your evidence together - SARs and existing documentation which you have already.

 

Write a full bullet pinted chronology of what has happened over the years so that you have a clear statement which you can use as the basis for a court case.

Start doing this now. Bring it up to date as you remember new matters.

Your chronology should deal with the events which have happened with P4U and Orange in relation to the contract.

Another chornology should deal with the harassment you are receiving from the DCAs

A third chronology should detail any damage you have suffered to your credit file and to your ability to get credit.

Your chronologies should include clear deatils of all the steps you have taken to try and deal with the matter.

 

If you continue trying to deal with it in the way you are at the moment, you are likely to get nowhere. It will draw out and no one will listen and they will simply turn the heat up.

The DCAs won't listen. They are boorish bullies and they only want your money and they will simp;ly try to wear you down so that you will do anything for some peace. They will never take you to court in order to test the issue before an independent arbiter.

In PhilHarg's case with Vodafone, he was passed around between VF and Phones4u with each of them blaming the other and the only thing which stopped them and made them sit up and take notice was when he issued the county court claim - and this is what you will need to do.

 

One you have got your case documents all together. Check them to see if there is anything else missing. It can easily happen that one or other of the companies don't comply correctly with your SAR.

Eventually, you will need to begin a Small Claim. I would suggest that you sue P4U and Orange jointly.

Your chances of winning are excellent.

Let me warn you that once you start the claim, suddenly Phones4 U and Orange will start dealing with the matter and the problem will be solved. They will then go on to offer you a derisory amount of compensation in order to get you to drop the case.

This is where you should stick to your guns and insist on a sensible payment.

I suggest that you sue them to the limit of the small claims and ask for damages in the courts discretion not exceeding £5000.

 

Keep in close contact with the forum and keep your thread updated and we'll hold your hand all the way

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?302670-Vodafone-Incorrect-Default-*WON-out-of-court-settlement*

[elias ali]

Thanks BANK FODDER

 

Am currently in the process of gathering all the details, I have misplaced some of the letters but still hold most of the important stuff. I was thinking about requesting a SAR but I really do not want to pay out more money. However if requesting a SAR will provide the proof that there has never been a contract in place then I will definitely get it sent. I wanted to take Phones 4 U, Orange and Arrow Global to court together for being in breach of the following:

 

DPA Act 1998

Protection Harassment Act 1997 and Administration of Justice Act 1970

Fraud Act 2006

Theft Act 1968 - Section 21

OFT’s Debt Collecting Guidelines July 2003 (Updated April 2008)

The Consumer Protection From Unfair Trading Regulations 2008 (CPUTR)

 

If it is even possible and am sure there's more laws they have broken but I can’t think right now. I really don't know how to start the court proceedings and i know it will cost me a lot of money but if I can sue them for a good amount then am willing to battle to the end till they feel the pain they have put me through.

 

I will keep you guys posted, am going to have look at writing up the SAR request and look into the court proceedings. Any example letters from you guys would be great, thanks in advance for all the help.

[BankFodder]

If you have lost any documents then you need to get copies. If you want to take this seriously then you will have to send SARs. It really is essential to build a full case - and given the value of a possible settlement, I am surprised that it is an issue.

Add the cost of the SARs to your claim.

 

An action against Arrow would be messy and woujld complicate things.

Also, you are getting carried away with Theft, Fraud etc.

 

You should set out your objectives - which is to clear your credit file and to get a proper level of compensation. Theft and the rest will not help you.

Keep it clean and keep it mean.