Can I escape my new Orange contract because there isn't coverage at my house?

EyePeaSea

Hi,

I was looking for a new phone and as the one I wanted (HTC Touch HD - very nice, BTW) wasn't available from my current provider, O2. So I signed up for a new 18 Month with Orange yesterday.

My O2 phone gets 100% reception at home and I assumed bad coverage was mostly a thing of the past (or possibly just Cornwall). However, to be on the safe side, I checked my post code on the Orange website before I went to the Orange shop - sure enough, 'Excellent' coverage for 2G, 3G and 3G+.

Did the deed at the shop, got home and I've got no signal at all in my house apart from on the top floor. My partners house is 1/2 a mile away and I got an intermittent signal (from zilch to 2 bars out of 5).

Went back to the shop today and was told the on duty manager would need to speak to the shop manager on Tuesday to discuss whether I can cancel my contract.

Possibly, when I explain the problem to the store manager, she'll agree to let me cancel. Alternatively, the duty manager might well just wanted to avoid giving me bad news and so left it up to her boss who is presumably paid to dish out bad news!

Whilst I did specifically say that I needed a phone that supported 3G / Mobile Broad band - I didn't put that in writing - just mentioned it to the sales girl and I certainly didn't specify that I wanted data connectivity at home and, silly me, I didn't even say I wanted to make voice calls! But seriously, whilst these things seem reasonable, I assume they don't really make any difference as my requirements weren't written down.

To make matters worse (I think), I paid by setting up a direct debit and I did this in a shop, not over the phone, so I assume that excludes distance selling protection?

So - my question is - do I have any rights to cancel the policy, or am I at the whims of personal discretion of the store manager?

Thanks in advance

Ian

Dreaming_2

I think you should have a 14 day cooling off period - it's worth checking your contract to see if it stipulates this or not. Good luck!

Tigert

The 14 day cooling off period only applys if you bought online. If you signed the contract in a shop it doesn't apply.

I'm afraid you'll be at the mercy of the manager. Hope they sort it out for you.

Browntoa

orange recently lost a court case for this

http://www.itpro.co.uk/609947/orange-customer-wins-court-payout-over-coverage

EyePeaSea

Thanks Browntoa - that (and subsequent Googling) shows a lot of discussions on that case.

It would seem as if I am at the mercy of the store manager and, like banks and bank charges, the company will probably want to try very hard to stop a trickle of complaints turning into a flood.

If it goes pear shaped, I'll think about a small claims court - I'll have to weigh the value of my time against the inconvenience of living with the problem.

Thanks again

Ian

jamespir

EyePeaSea wrote: »

Thanks Browntoa - that (and subsequent Googling) shows a lot of discussions on that case.

It would seem as if I am at the mercy of the store manager and, like banks and bank charges, the company will probably want to try very hard to stop a trickle of complaints turning into a flood.

If it goes pear shaped, I'll think about a small claims court - I'll have to weigh the value of my time against the inconvenience of living with the problem.

Thanks again

Ian

your gonna take orange to the small claims court good luck you havent brought anything or paid anything yet youve only set up a direct debit so that counts a s zero


have you brought a signal booster for your phone they only cost about two pounds and can really help

t

gjchester

Browntoa wrote: »

orange recently lost a court case for this

http://www.itpro.co.uk/609947/orange-customer-wins-court-payout-over-coverage

Not quite, Orange didn't turn up and it was decided against Orange by default. Thats not the same as saying they lost, although in that case it had the same effect.

It's not a binding legal precident that could be used by another court in making a decision.

EyePeaSea

jamespir wrote: »

your gonna take orange to the small claims court good luck you havent brought anything or paid anything yet youve only set up a direct debit so that counts a s zero


have you brought a signal booster for your phone they only cost about two pounds and can really help

t

I did sign an 'online registration' (paper) form. By signing, I "agree that I will be bound by the Orange terms and conditions". The form also has a check-box saying that I've received and read the T&Cs. The fact that I wasn't shown the T&Cs and didn't receive a copy is probably irrelevant - I (stupidly) did sign it without checking, so that'll be my fault. To be honest, I would have continued even if they did give me the T&Cs as I felt it reasonable to expect the service to work for me.

I think I might stop the bank DDs - I'm not currently bothered if they disrupt my service as my normal O2 phone is still on contract. However, like so many people, I've got a great credit rating and don't want to mess that up :eek:

I've done a quick check on the signal boosters and seen vastly different reviews. The 'real' boosters (more like relays) sit on top of your house and no doubt really do work, but they cost nearly £300 (although that's still a lot less than my contract value!).

Have you tried one of the 'cheap' boosters? I'm normally pretty cynical about these 'wonder' gadgets...

Cheers!

Ian

jamespir

i have one for my phone as where my house is i get zero signal but now i have a booster and im able to use the net send texts and make calls without problem

Merlinexcalibur

Just going to say this but it's never a good idea to rely on the coverage maps. Sensibly, if only because they are never accurate and the other they will say they do, even if it's the tiniest signal to get a sale. Same with the sales staff, paid to push sales. Which is why plenty find themselves not getting a service but, oops, once signed to a contract you are well and truly tied to it and will find it immensely hard to get out of it. All about money when said and done.

The fact that I wasn't shown the T&Cs and didn't receive a copy is probably irrelevant - I (stupidly) did sign it without checking, so that'll be my fault.

Their argument would be 'did you check the coverage?' Apart from the online map. That's not me saying that BTW but what will happen.

If you are certain of your facts, possibly speaking to OFCOM may be better than using Consumer Direct aka Trading Standards. Just being honest, and many have found this, but since Trading Standards opted away from central council offices but to a call centre the quality of advice has gone down the pan and, in some instances, has been erroneous or the call staff do not know or possess the knowledge to help you. Bit much when you consider you ARE paying for the call. Still, that's progress for you.

Possibly, when I explain the problem to the store manager, she'll agree to let me cancel.

I wouldn't bank on that. After all they aren't paid to know about consumer law. They are just paid to manage a shop.

Have you tried one of the 'cheap' boosters? I'm normally pretty cynical about these 'wonder' gadgets...

You'll just end up paying out money when one doesn't work and racking up an immense bill at the end of it. I'd suggest going to a third party now not trying to deal with the shop staff. They will want to keep you in a contract no matter what. They are not in the habit of letting a sale go shall we say. Which is why you need independent assistance from someone like OFCOM or one of those. You will just get the run around from the shop staff. Not as if thousands haven't already. Anyway, up to you.

lawbunny

Phone them straight away and get it logged that you have no coverage. Then excalate the problem in writing to Orange. They are a lot more likely to be sympathetic if you report the problem straight away, not weeks or months down the line, as it is clear you are being honest.

Those coverage maps online just give you a general idea of the coverage in your postcode area: they do not take into account the exact location of your home in the street, the material the house is made of, whether there are tall buildings etc blocking your signal. Networks are aware fo this, and their technical team will normally have a more indepth network checker which will show the exact network for your home. Make them aware of it immediately and they are more likely to be agreeable to letting you return the equipment and cancelling.