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Right this is actually quite normal, I used to work for carphone and ill explain what it is.
Orange and T-Mobile, do 2 credit checks, the first one which is the one you passed and usually upto 5 days later another one and this is where u must have failed it. Now in my time at CPW i saw this a few times, its bloody annoying but lets me say this none of my customers brought the phone back nor did i have to force them as far as CPW where concerned the phone was sold! so i wouldnt even personally bother ringing them dont send it back use it and if they bar it which im sure they wont then thats that. But as far as explaining why this happens thats it ive seen it before and its the worse thing both companies do.
Hope that helps
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Posted: 2006-07-28 00:45:19
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yep. Just sell iton ebay as barred, make it avalible to international bidders, then buy another off ebay, its the most likely chance you thing to keep the phone.
also are the free post lables royal mail or do thay have tracking no's on etc?
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Posted: 2006-07-28 00:47:01
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I'd say it was Orange's silly fault for sending the handset out before completing the necessary checks, a ridiculous system imho.
It'd be dishonest to keep the phone, but then again why on earth would they send it out before it was certain you could have the contract in the first place!?!?
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Posted: 2006-07-28 00:50:23
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On 2006-07-28 00:47:01, Luke-the-magic-man wrote:
yep. Just sell iton ebay as barred, make it avalible to international bidders, then buy another off ebay, its the most likely chance you thing to keep the phone.
also are the free post lables royal mail or do thay have tracking no's on etc?
good point about the returns address!!!!
think il phone orange again tomo, see what they say and take returns address - after all its not my fault if i forget to get proof of postage is it now????????
hehe
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Posted: 2006-07-28 01:07:20
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well!!!!
i thought id try the sim in it so i could have a play!!!
obviously i cant make calls - but i can play - take pics - listen to radio etc and all i can say is.......
what a wicked phone lol
how could i possibly part with this phone unless it was to sell it to another loving owner abroad in order to get another!!!!!!!
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Posted: 2006-07-28 01:17:10
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On 2006-07-28 00:45:19, Boz250 wrote:
Right this is actually quite normal, I used to work for carphone and ill explain what it is.
Orange and T-Mobile, do 2 credit checks, the first one which is the one you passed and usually upto 5 days later another one and this is where u must have failed it. Now in my time at CPW i saw this a few times, its bloody annoying but lets me say this none of my customers brought the phone back nor did i have to force them as far as CPW where concerned the phone was sold! so i wouldnt even personally bother ringing them dont send it back use it and if they bar it which im sure they wont then thats that. But as far as explaining why this happens thats it ive seen it before and its the worse thing both companies do.
Hope that helps
I missed your post earlier - I LOVE YOU!!!!!
Im so glad im not the only one who has had this happen and it makes me feel soooo much better to know others did the "dishonest" thing by keeping it too lol
Im going into college tomo so i think il pop into somewhere to buy an orange payg sim - then if its all ok and stays ok and unbarred, for a few weeks, i can get it unlocked - sign up for another 12 months with my current provider - o2 - and see what phone they offer me for my upgrade!!!!!!
yippee hopes this works after the stress orange have cause me this week
BUT at least i can use the radio etc - you guys have got to see the camera quality -its wicked!!!!
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Posted: 2006-07-28 01:29:39
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Whilst I do not know your exact position regarding whether or not you had entered into a contract with Orange. I would tend to think, on balance, that should Orange ask for the phone to be returned, that they have a basis for this. It would most likely be through a clause stating that you had to pass some type of credit check in order for them to enter into a contract with you. It would seem that you failed the credit check, thus voiding any potential contract you were about to enter into with them. The handset itself would be part of that contract. At this point, your failed credit check would have voided the contract. Thus far it is a civil matter in the eyes of the law i.e. you return the phone, and the matter is resolved.
I feel that I must advise you as to the ramifications, should you choose to keep the phone. Legally, Orange could argue that you have misappropriated the phone. This is the point at which the situation transforms from a civil matter into a potential criminal case. The CPS will not be interested with such a small case. However, Orange might choose to go ahead with a private prosecution. People are often surprised by the arrival of summons. It is not a nice thing to have to appear before a Court answering criminal charges.
I hope you work the situation out to your satisfaction.
(The above statements are general in their nature. Do not take any action solely or partly based on the above statements. Before taking any action (or omitting any action) you should take independant legal advice. Any "advice" given above should not be construed as legal advice)
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http://www.esato.com/board/viewtopic.php?topic=82664[ This Message was edited by: london-uk on 2006-07-28 11:47 ]
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Posted: 2006-07-28 02:05:49
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On 2006-07-28 02:05:49, london-uk wrote:
Legally, Orange could argue that you have misappropriated the phone.
How could they possibly argue this point?
In this scenario, Orange would have to prove that Cornishbird deliberately intended to enter into a contract, knowing she would fail a credit check, in order to misappropriate the phone.
How could they possibly prove this when she has already has a contract with O2?
She failed the credit check.
There is no contract.
They boobed.
Their loss.
Case closed.
Thats how I see it
(please, correct me if I am wrong
)
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Posted: 2006-07-28 09:51:08
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ive come accross this with o2 aswell, its not uncommon for it to happen, normally the network lets it go as it was their mistake for supposedly doing a credit vet, then accepting you, then saying actually no we cant give it to you. Keep it!
Also they cant tell you why you failed the check as its not the companies buisness to know, if you do however want to know, the people to ask are Equifax and Experian who manage peoples credit in the UK
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Posted: 2006-07-28 10:34:47
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I think the best thing to do would be to go to your local citizens advice bureau and explain the whole situation to them just to see where you do stand legally.
However, personally I agree this is entirely Orange's mistake. If they knew that you had to go through a second credit check that would take a short while, why on earth did they send the phone out to you before getting the results back?
I don't see how you could have misappropriated the phone if Orange were happy to send it out to you in the first place. It's not like you were refused a contract straight away and so ran out of the shop with the phone in your hand!
To me, it sounds like this is their cock-up although you need to make sure that this kind of situation isn't covered in the small print of anything you signed, verbally or 'electronically' agreed to. This is where citizens advice could be useful.
I'd like to say that surely Orange wouldn't go to the bother of taking legal action over a single mobile phone but considering the crazy way that many large organisations operate these days, I really can't. Don't let that put you off keeping it though, just get some solid advice under your belt.
Good luck and keep us informed!
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Posted: 2006-07-28 10:36:47
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