Orange> Do I have a leg to stand on?

spark_deals

Hi,
Here goes my story:

To
Orange P.C.S. Limited
PO Box 10
Patchway
BRISTOL
BS32 4YG

Re: Supply of Goods and Services Act, 1982

Dear Sir/ Madam,
I am writing in regard to my Orange contract which I took over the telephone on 24/06/2009. The details of the contract are:-
My account number is *******.
·The contract is for 18 months and the plan is Racoon 35.
·I shall be paying £24.46 per month by direct debit.
·I shall be entitled to 600 cross network minutes, 500 texts, Orange Sat Nav, unlimited landline calls, unlimited calls to one Orange magic number and free home broadband.

The mobile phone, Samsung Pixon, was agreed but instead, Nokia 5800 was sent. I received the Nokia 5800 on 29th June 2009. So, the Goods (mobile phone) were not as described at the time of taking out the contract.
When I contacted Orange customer services, the customer service executive agreed to send me the phone next nearest in specifications to Samsung Pixon, which was Samsung Tocco Ultra. I was given seven days (in line with the Distance Selling Regulations) to change my mind and change the phone. I received the Samsung Tocco Ultra on 3rd July 2009 and the seven working days should have started on 4th July 2009.
Today, 13th July 2009 is sixth working day from 4th of July2009 (excluding Saturdays and Sundays). I contacted Orange customer services (returns) but they refused to effect changing/ replacing/ returning the Samsung Tocco Ultra.
The problem is that I don’t like the Samsung Tocco Ultra phone. And I believe that as I am still within 7 working day cooling off period, I should be helped and this phone should be changed/ replaced/ returned.
I hope that an amicable solution would be found to the satisfaction of both Orange and me. Also, I think 14 working days should be enough time for Orange to help me to allow me to change/ replace/ return the Samsung Tocco Ultra.
If this is not possible, I would happy to have Samsung Pixon (not in Pink Colour) in Black colour as agreed at the time of taking out the contract and return the Samsung Tocco Ultra.

I shall be very grateful for you this act of kindness to help me out.

Thanking you,

Yours Sincerely,




************ Date: 13th July, 2009
*********,

ZZ11 1ZZ.



Do you people think that I have a strong case or ORANGE is in better position.
Thanks

Malky

To answer your question, Orange are in the better position.

You were given seven days (as you've mentioned). Where are you getting seven working days from?
I can't see what the problem is. Fair enough, they dropped one when they sent you the 5800 but you have since agreed to exchange it for the Tocca which used/waived your rights to the seven day cooling off. Why did you agree to a Tocca when you wanted, and originally, ordered a Pixon?
I'm afraid you've missed the boat on this one given the fact it is now 20 days since you got the 5800. And nearly two weeks since you got the Tocca. You can't ask for the T&C's to be changed to suit your needs.

Snakeeyes21

Im sure the 7 days is how long you have to send it back, i.e they have to recieve it on the 7th day.
why did it take 10 days to contact them?
Surely you would know if you like a phone within a day or two.
reminds me of little britain.
want that one, dont like it.

spark_deals

The OFT website says 7 working days...
So I assumed 7 days means 7 working days.
The pixon has been discontinued thats why they offered ne Tocco ultra.
The CSR advised me to play with tocco for 7 days and if I don't like I can send it back. I didn't realise 7 days= 7 calender days. Its the first time that I wass caught out. Will be more careful in future. And re: waiving my rights to the seven day cooling off, I assume I was given 7 days to check if the phone suits my needs or not!
Thanks

MRC_2

Don't fully know what Orange returns policy is but it's slightly tricky with mobile phones. I would assume however that you had 7 days, not working days, to return the handset from when they first tried to deliver the handset. The cooling off period is only really to see if it's the right handset that you ordered and that you like the handset, if you've made calls or text messages they could refuse it.

I'm suprised that they refused to take it back though, I thought they would have just let you change it. Including that though, you've got to watch out how many times you can send a handset back because o2 only allow 1 different handset.

spark_deals

Please see the third bullet point on the web page of OFT.
Not allowed to post links.so:

oft.govuk/news/press/2004/40-04