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Orange Mobile Phone 24 Month Contract

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  • Cheetah
    Cheetah Posts: 157 Forumite
    edited 31 May 2009 at 9:52PM
    DebtHater wrote: »
    The Consumer Credit Act applies here. There is a cooling off period as according to the regulations supplied to credit lenders.
    The OP is entitled to cancel/reject

    A mobile phone contract is a service agreement not a credit agreement and therefore is not regulated by the consumer credit act.
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DebtHater wrote: »
    The Consumer Credit Act applies here. There is a cooling off period as according to the regulations supplied to credit lenders.
    The OP is entitled to cancel/reject
    As Cheetah has so brightly and boldly stated, you are wrong about this. A mobile phone contract is a service agreement and does not provide credit, and is therefore not covered under the Consumer Credit Act.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • AndyOdish
    AndyOdish Posts: 15 Forumite
    Part of the Furniture Combo Breaker
    Hi All,

    I rang Orange Upgrades yesterday and they had no record of the conversation to send the phone back (?!).

    However I spoke to a lovely lady over in handset faults who gave me a handset fault ref and told me to take it back to store.

    - Got to Slough store this morning (in area for meeting), told store could do nothing at all. Insisted he phoned customer services to which he could only exchange the phone for either same model or phone I wanted but as he did not have my model I wanted there was nothing he could do.
    However I did get him to ring High Wycombe Eden branch and reserve a 8910i for me.

    - Went to High Wycombe Eden branch and after he told me there was nothing he could do and me insisting he rang customer services I was told to go to other High Wycombe branch where I got the phone and the upgrade would be cancelled.

    - Went to High Wycombe smaller branch where the upgrade was cancelled and phone taken off me.

    Rather stupidly, they've cancelled the new sim but did not reactivate my old Sim so now I have no mobile with the landline phone currently down!! Doh!!

    Still it looks like this has been nearly sorted though now I have no phone at all.
  • Is it this phone you got? http://www.mobile-phones-uk.org.uk/samsung-i8910-hd.htm

    If it is get one running a Symbian S60 operating system rather than windows mobile. You will find it will be similar to use as your N95 as that also runs S60. Much better OS than windows mobile. I know a few people running windows mobile on their phones & they hate it.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    Bear in mind that any contract which includes supply of goods has terms implied into it by the Sales of Goods Act and other legislation. If you are supplied a phone, it must be fit for purpose, free from defect etc - else you can "rescind" the contract by rejecting the defective item. The fact that it's tied into a service package or its a renewal makes it's a little more complex, but doesn't get them off the hook. Supply of goods is supply of goods.

    My starting point would be - you've supplied me with something that doesn't work. I'm rejecting the goods and the contract's off - unless you offer me an alternative that I'm happy with.

    If you're in a shop and put down your credit card to pay for at least part of the deal, then s75 Consumer Credit Act does hold the credit card company jointly liable for "performance" - so I'd have a go at them too if you really get stuck with the shop/network.
  • AndyOdish
    AndyOdish Posts: 15 Forumite
    Part of the Furniture Combo Breaker
    At the very end I managed to get Orange to take the phone back as faulty.
    (The Orange shop were very sneaky as well as they didn't tell me I had a £75 upgrade fee stuck onto my account - I was told it was wavered).

    Long story short I waited 6 weeks and got a great deal.

    - Free Upgrade
    - Free i8910 Phone
    - 1500 Minutes a month, Unlimited texts and Unlimited mobile internet for £29 a month.

    I love the new phone, fantastic phone and the perfect upgrade from the N95. (Best Symbian phone on the market far quicker or smoother then the N97 or 5800. It is great being able to just drag and drop Divx and watch Seinfeld on the bus to work!).

    Thanks everyone for the advice on here.

    Andy
  • Cheetah wrote: »
    A mobile phone contract is a service agreement not a credit agreement and therefore is not regulated by the consumer credit act.
    As Cheetah has so brightly and boldly stated, you are wrong about this. A mobile phone contract is a service agreement and does not provide credit, and is therefore not covered under the Consumer Credit Act.

    Can you explain then why people get credit checked when taken out a new contract? Does not mean being offered "credit" i'm :confused:
  • drbesty
    drbesty Posts: 967 Forumite
    It's so they can check that you'll actually pay the bloody bill
  • drbesty wrote: »
    It's so they can check that you'll actually pay the bloody bill

    Oh :o thanks a lot
  • Just to Add that somewhere on this site Martin suggests that this is a credit account (like I thought) and not just a service agreement
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