Cancelling Orange Business Contract

mpg

Hello Folks,

This Is kind of connected to the big orage thread albit with a difference.

I Took out a 24 month business contract with orange end of sept 08.

For 11 phones and cashback to the value of £2300+vat month 3 and 2100+vat month 13.


My dealer has welched on the cash back deal and I am stuck paying £200 per month more than I need to.

I have just spent nearly 3 hours with another dealer going through as many scenarios as we can in order to either force the dealer to pay up or get out of my contract.

During the 3 hrs we managed to find that I never sent a proper purchase order outlining what i was expecting what phones I was getting. What talk plan i was on what bundles i needed. what costs were involved and anything to do with the cashback.

All I sent was an email attachment on a letterhead say please supply 11 phones as discussed.
This obviously wasnt signed.

I have also not received my contract from the dealer.
I have tried to get a copy of these from the dealer to no avail.

I have been told that due to the lack of proper purchase order that gives me grounds to cancel the contract and orange will claw back all commision paid due to the dealer

Any Ideas.

Matt

mpg

To add a little more it also looks like the dealer has put me on the wrong Tariff/bundles

Wish I had dealt with orange themselves now

Jon_01

You need to have a good talk with business CS and explain what's happened. If they can get the commission back because you were mis sold they may do you a better deal away.

mpg

Sorry to drag up this old thread but its still ongoing

I have a little question
It looks like I may have been mis sold my contract

I agreed to £332 PM and I'm paying £347 I know its only £15 per month but If my contract was for £30 per month its a big chunk plus it £180 per year

Can I use that to get out of my contract
And if i can will orange claw back the commision paid to my unscrupulous dealer

DarkConvict

If you have been mis-sold as you stated above, it should give you grounds to cancel, or at least claim costs from who sold you the contract.
What have orange said so far?

mpg

Ive not spoken to Orange as yet. As I still have an ongoing court case with the dealer

Back in court tomorrow. He tried to have the judgment set aside but didnt turn up and we are back in tomorrows for his aplication for leave and to have it overturned again.
I know I will not see my cash from him but If I can get the contract cancelled because of his !!!!-up then Orange should claw back the commision so at least he wont have it either.

The annoying thing is I have no problems with orange and have been a customer for 15 years.

So the above does look like mis-selling whether intentional or not

Jon_01

I think you should get Orange involved right now. If they pay the commission they may not be able to get it back (for a number of reasons). Plus if the dealers done this to other customers and it's logged with biz support you've more ammunition for the court...

DarkConvict

Since when you have cashback deals there are two contracts, one with the dealer, and one with the operator Orange.

One would think you would be able to win the cashback money in court as he would have breached the terms of the contract you had with the dealer. With the addition that you have given applicable time for him to resolve this matter, and his failed appearance in court. I am sure the court would rule in your favour.
Due to been mis-sold the wrong contract with orange, it maybe possible to have it cancelled and then orange to retrieve any costs from the dealer.

I agree to get in touch with orange, and see what help they can offer. As you say you have no trouble with orange so I would try to be as friendly with them as possible, just ensure that you are not going to get short changed by orange aswell based on any requests they make.

mpg

Jon_01 wrote: »

I think you should get Orange involved right now. If they pay the commission they may not be able to get it back (for a number of reasons). Plus if the dealers done this to other customers and it's logged with biz support you've more ammunition for the court...

The commision has been paid.
He deals through a 3rd party called Midland

Ofcom have set new rules as of this week I believe.

Winning in court is not the battle. Its actually getting the cash out of him.
He has been issued a first gazzette from companies house, I have spoke to them and put that on hold for 6 months. He has already set up another LTD company in a very similar name.

It leaves a bad taste in my mouth

Jon_01

Get on to Orange business, tell them what's going on and get them to alert the fraud dept. Between them they'll make sure the dealers not supplied if he's a history of this kind of thing...