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Orange Broadband have locked me in a 12 month contract without my permission!

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After years of torture through Orange Broadband's incompetence, including 10 months of zero connection in 2005, hundreds of pounds spent on phone calls to their 'technical' team, (who are actually mostly basic-English speaking puppets who read from a script on their computer screens and know nothing more than how to switch a computer off and on again!) and none of the promised refunds...I recently decided to switch my broadband to O2.

I placed my order then phoned Orange for the MAC code. This was when I was informed that I am in a contract with them so they will charge me £130 to cancel it. I protested that I knew nothing about any 'contract' but they referred to a phone call I received on Feb 12th from their Customer (dis)Service team where I apparently agreed to this new contract.

In reality, what actually happened on Feb 12th was that I was asked if I was happy with the service I was receiving, to which I answered no, due to lack of promised refunds and continual intermittant connection failure. The woman said she could change my monthly direct debit to £13 and send me out a new and better modem if I wanted, so I said ok. No mention of any 'package' or 'contract' or minimum term was ever made.
Since then I have heard nothing from them by post or email, no confirmation of any changes or even the promised modem.

Apparently since their computer says I agreed to a new package, they 'have' to make the assumption that I was told about the terms of the contract. The person that I spoke to said they did not have a recording of the phone call there to check if my claim is true that no contract or terms were ever mentioned. She said my only option is to write to Head Office and ask them if they can find the recording and check to see if I was told about the contract and its terms.
Obviously they can't be trusted with this, what do I do????!!

Comments

  • hippyadam
    hippyadam Posts: 645 Forumite
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    Basically do not fear! If you are in a contract with them they have to be able to fulfil their side of it, which by the sounds of it they haven't.

    I'd email & write to tech support & request your MAC code & advise them that you consider the contract terminated due to continued non delivery of service. (feel free at this point to illustrate your many calls etc to themselves, dates of no service etc.)

    Also state how much you have already paid for their "service" & advise them that if pursued through the courts you will defend any & all claims to the contrary & also counter claim for your own damages.

    You may also want to link to http://www.broadbandchoices.co.uk/new-broadband-switching-rules-from-ofcom.html as they know they're not allowed to withold your MAC for debts or any contractual reason...

    Now go get em!!
  • facetheglue
    facetheglue Posts: 75 Forumite
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    If you have agreed to the terms and conditions of the contract they need to prove it. They should be recording every call not just a select few. The bottom line they can't prove without a doubt that you agreed to it so you need to raise a formal complaint (in writing) with them to say you dispute that you agreed to them.
  • CLLC
    CLLC Posts: 1,041 Forumite
    First Anniversary Combo Breaker
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    hippyadam wrote: »
    Basically do not fear! If you are in a contract with them they have to be able to fulfil their side of it, which by the sounds of it they haven't.

    I'd email & write to tech support & request your MAC code & advise them that you consider the contract terminated due to continued non delivery of service. (feel free at this point to illustrate your many calls etc to themselves, dates of no service etc.)

    Also state how much you have already paid for their "service" & advise them that if pursued through the courts you will defend any & all claims to the contrary & also counter claim for your own damages.

    You may also want to link to http://www.broadbandchoices.co.uk/new-broadband-switching-rules-from-ofcom.html as they know they're not allowed to withold your MAC for debts or any contractual reason...

    Now go get em!!

    ADAM.........

    GREAT POST!!! :j
    :dance: I am great , yes I am :dance:
    :rotfl:
    :D If you think I was useful , Thank you, for thanking me :D
  • sporedude
    sporedude Posts: 1,563 Forumite
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    After years of torture through Orange Broadband's incompetence, including 10 months of zero connection in 2005, hundreds of pounds spent on phone calls to their 'technical' team, (who are actually mostly basic-English speaking puppets who read from a script on their computer screens and know nothing more than how to switch a computer off and on again!) and none of the promised refunds...I recently decided to switch my broadband to O2.

    I placed my order then phoned Orange for the MAC code. This was when I was informed that I am in a contract with them so they will charge me £130 to cancel it. I protested that I knew nothing about any 'contract' but they referred to a phone call I received on Feb 12th from their Customer (dis)Service team where I apparently agreed to this new contract.

    In reality, what actually happened on Feb 12th was that I was asked if I was happy with the service I was receiving, to which I answered no, due to lack of promised refunds and continual intermittant connection failure. The woman said she could change my monthly direct debit to £13 and send me out a new and better modem if I wanted, so I said ok. No mention of any 'package' or 'contract' or minimum term was ever made.
    Since then I have heard nothing from them by post or email, no confirmation of any changes or even the promised modem.

    Apparently since their computer says I agreed to a new package, they 'have' to make the assumption that I was told about the terms of the contract. The person that I spoke to said they did not have a recording of the phone call there to check if my claim is true that no contract or terms were ever mentioned. She said my only option is to write to Head Office and ask them if they can find the recording and check to see if I was told about the contract and its terms.
    Obviously they can't be trusted with this, what do I do????!!

    When they sent the new modem did you ask if you where being tied into a new contract?
  • diamondwhiter
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    Thanks for the replies!

    As far as I know I haven't had any contract with Orange since the initial 12 month one ran out in 2004. I have had one new modem since then which was sent to me to see if it would fix the connection problems I was having in 2005. Nothing back then was ever mentioned about a contract, so when I told the woman in customer services who phoned on Feb 12th that I was having connection problems again, and she offered to send a new modem; since she commented that a LiveBox was outdated now and suggested that its age might be what was causing my connection problems, I didn't have any reason to think there may be any other reason for them replacing it, after all I had been a loyal customer for nearly 5 years! So I didnt think to ask if a contract was involved. (I'll know different in future though!)

    Since the phone call on Feb 12th I have not had the new modem, or received any emails or letters with any information about a 'new package'. All that has happened is that my latest online statement shows the new price and has changed the given name of the internet service to 'Broadband Plus'.
    It has dated this new service from Feb 12th, admittedly I have had no problems connecting since that date so how can I claim they are in breach of their (imaginary) contract?

    When I phoned for the MAC code on Monday I insisted that I still wanted it in spite of being warned of the consequences, and I was told I would have it emailed to me in 5 working days or less, so I am waiting for that as I plan to follow through with my switch to O2.

    So all I can see to do is write to confirm that I am cancelling their service and that I have not agreed to any contract whatsoever, therefore will contest any cancellation charges they try to enforce? I might as well request a transcript of the conversation as well but I won't hold my breath waiting for it!
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