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Problem with phone contract

Hi,
I'm not sure if this should be here or on the mobiles forum, but it's more of a consumer advice query.

I ordered a contract phone on Orange (switched from O2) and took advantage of a lovely free gift and new phone. Everything turned up the next day, so fab service there. However, the orange network is not good in my area - I didn't know this at the time and have since spoken to Orange who have told me that it should be ok in my area. Within the 7 days I rang the company I'd got the new contract with and told them that as Orange weren't good enough in my area (or several places that I visit regularly) I wanted to end the contract. However, as I'd used the free gift (and purchased accessories/games for it) I wondered if I could just move over to a new contract with a different provider. This proves impossible, I'm advised that I need to return everything and start a new contract. While this isn't ideal, I'm willing to do it. However... Consumer Direct have advised me that as they are in breach of contract I can ask them to reimburse me for the money spent on my free gift. Also, as I have bought a screen shield for my free gift (a DS) I'm concerned that they will say I have tampered with it and therefore they will charge me for it. The company say that they will not reimburse me for the items bought for the free gift as I should have checked the signal was good enough in my area (not the point surely as it's not the free gift or phone I have a problem with?). They have advised me to buy a signal booster for my home, but it's not just at home that I have a problem with the signal.

I'm not sure what to do - shall I risk the return? Consumer Direct have advised me to send a registered letter with my complaint. However, I'm just not sure where I stand. Can anyone help with this? My complaint is with the network and not with the free gift or telephone.

Thanks in advance. Hope I've made myself clear.
Won in April 09 - A Wii :D
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Comments

  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    Sassca wrote: »

    However... Consumer Direct have advised me that as they are in breach of contract

    I'm somewhat skeptical about what they've told you is true. No network provider will guarantee 100% coverage, and you only checked your area after having problems.
  • Butlers1982
    Butlers1982 Posts: 3,286 Forumite
    My complaint is with the network and not with the free gift or telephone.

    But if you want to send one back, they all go back.If your not happy just send it all back
  • honeypop
    honeypop Posts: 1,502 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The phone and free gift they sent you were based on you having that contract with Orange for so many months (12, 18 whatever), so if you want to cancel the contract then you return the phone and gift. If it is correct that you should keep it, then everyone would be doing it to get a free DS! You should have checked coverage in your area, thats a basic thing to do when choosing a mobile provider.
  • Sassca
    Sassca Posts: 106 Forumite
    Just an update - I did check coverage on Orange's website and it says it's good. Even their CS advisors say that it is good - it's only when you go to them with a problem and get put through to their network services team that I was advised that coverage is awful in my area.
    Whilst I'm happy to send everything back, I wanted to make sure I wouldn't be penalised for anything that had been used which was not my fault.
    This is all still going on - I don't believe I'm wrong at all, but thank you for your answers.
    Won in April 09 - A Wii :D
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A man in Richmond recently took Orange to court as the coverage at his home and work was very poor. The court sided with him, awarded him compensation and ripped up the contract. Google it as you may find it helpful
  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    dacouch wrote: »
    A man in Richmond recently took Orange to court as the coverage at his home and work was very poor. The court sided with him, awarded him compensation and ripped up the contract.

    Albeit Orange didn't turn up so he won by default and it was in a Court that can't set a legal precedent IIRC.
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    stugib wrote: »
    Albeit Orange didn't turn up so he won by default and it was in a Court that can't set a legal precedent IIRC.
    Whilst it is true that the court in question (it was only a small claims case in front of a district judge) cannot set legal precedent, it still wouldn't stop someone from bringing the case up if they found themselves in a similar situation. It wouldn't be binding on the judge, but it may be persuasive.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    it still wouldn't stop someone from bringing the case up if they found themselves in a similar situation. It wouldn't be binding on the judge, but it may be persuasive.

    True but if the volume or people doing that became large enough the network would bother to turn up and IMHO win easily in front of a judge who understood the technology. It just isn't feasible to provide coverage everywhere.
  • KILL_BILL
    KILL_BILL Posts: 2,183 Forumite
    you can cancel within the 14 days if you find out that the service is not acceptable despite what they say on the website

    however they are entitled to charge you for the free gift as it has in fact now been used and they cannot now sell or they shouldnt attempt to pass it on to someone else
  • sporedude
    sporedude Posts: 1,563 Forumite
    for Distance Selling Regulation they dont have to give you 14 days, They can give you a 7 day DSR period.
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