seeking legal advise

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seeking legal advise

Postby chosenfew » Sat Dec 02, 2006 11:47 am

well i wont go into the story i will just post here the email i sent to orabge about my account........

This is not a query but a complaint. If you check my notes you will see that i called up to change my account number over for my direct debit. The lady i spoke to told me that as it was such short notice my money for this month would come out of my old account still which it never. Orange attempted to take the 72.72 out of my new account where there was no money as i had transfered this to my old one for Orange to have it on time. Due to me being told the wrong information i have now been charged 36 pound for going over drawn. I was on the phone for 105 minutes yesterday speaking to numerous advisors who all told me different things. As i have now been charged i can not afford to pay my bill. I advised the advisor i spoke to yesterday that i am cancelling my direct debit as Orange are not willing to refund me the 36 pound even though it is their fault i have been charged. I was first told by a gentleman called Abir who claimed to be a manager that if i faxed the bank statement over i would be refunded for this. Obviously Orange have some training issues as different advisors are telling me different things. The advisor also told me that i now have to pay you the 72.72 as well as the 36 pound that i have been charged for going overdrawn. This i will not do. I am also getting legal advise as this is all oranges fault for giving me incorrect information. I would like this looked into and for someone to get back to me.

if you understand whats going on here i have been charged 36pound by my bank for going overdrawn coz someone from orange gave me the wrong information. now they are saying they have no proof that i was told any of this as there is nothing on the notes so there is nothing they can do. its my word against theirs. im not going to pay them which means my credit history is going to go down ect. does anyone know what i can do in this case?? i have told them to go and listen to the call that was made when the lady told me that my money would still come out of my old account but they say they dont record every call. when i ask to speak to a mananger they just fob me off.

i know i can seek legal advise but its a bit stupid just over a phone bill.
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Postby Bexical » Tue Dec 05, 2006 4:18 pm

They should have records as most calls now days are recorded. I would seek legal advise like you said, this is not right and obviously not your fault seems like lack of communication.
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Postby amanda11 » Tue Dec 05, 2006 8:18 pm

why don't you just fax over your bank statement like they asked? didn't they say you would be refunded if this is the case? I used to work in one of these places and to be honest I don't think you'll get your money back for a while.

You have to pay your bill for next month because regardless of whether its their fault or not as you have signed a legal contract to take responsibility for it. You have no proof that you were told which bank account it would come out of, which unfortunately leaves you in a tricky situation.

If you kick up a big enough fuss they will probably credit your account with £36 so it'll be taken off the next bill, but that could take some time. If you set up a direct debit to come out of your bank account its really your responsibility to make sure there's enough money in there. which is really cruel because it sounds like you've been misinformed and nobody is owning up. just keep bugging them, you'll get the money back in the end.
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Postby brfc » Wed Dec 06, 2006 7:46 am

go too the citizens advice bureaux. they will help you out.
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Postby chosenfew » Wed Dec 06, 2006 8:40 pm

it is my responsibility to have the money in the bank and i did. just in the wrong account which they told me it was comin out of. i cant afford to pay the bill now the bank have deducted 36pound of charges.
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Re: seeking legal advise

Postby retrochav » Fri Dec 15, 2006 12:27 am

There is two ways to go here. First i would WRITE to Orange customer services, sending a copy of your bank statement. List who you spoke to origanally, what was agreed and the nature of your complaint. Advise them that they broke contract by giving misinformation and that you intend to go to the telecommunications watchdog OFCOM or OTTELLO (check which one it is) to complain if you arent satisfied with their complaint.

Then i would write and explain this all to the bank, asking that they refund the charge as it was out of your control. Remeber that they might, as an act of goodwill, refund the charge - but they dont have to.

Keep copies of all letters, and keep all replies. You may have to go to the small claims court if you get nowhere. Law Centres and Citezens Advice can advise you on this and its not as hard as it appears.

Of course you could name and shame through a consumer watchdog, or magazine as these companies fear bad publicity!
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