Is this legal?

GottaNewTent

Hi, this is my first post!
I wondered if anyone out there who knows more about these things than me can advise....
I've been with Orange for my broadband forever (back in 2002 when I first got a pc we were with Freeserve, which became Wanadoo, and so on until it became Orange).
Now, I've known for ages that I need to change, as I'm still on the original package and am paying £17.99 a month - which I know is expensive. But it's been one of those "not yet got around to it" things.
Anyway, one weekend back in November, it was mid-afternoon and I was cooking dinner for my family of four, when the phone went. It was Orange on the line, wanting (quite out of the blue) to offer me a better deal. Basically a faster speed and unlimited download for £15 a month. Clearly this was better than I was getting, but I wanted to shop around as I didn't know whether it was actually a good deal - given that, when pushed, the very nice lady admitted that it was an 18 month contract. She then put me onto her manager so that I could agree the deal when I said that I was "interested". The very nice guy wanted to confirm that I wanted to go ahead, but I was somewhat reticent, and explained that I only heard half of what the very nice lady was telling me as I was cooking dinner and the extractor fan was on, that I wouldn't want to sign up for an 18 month contract without having the chance to go through it in detail and do a bit of shopping around. At which point he reassured me that he would send me the details and I would have a cooling off period in which to change my mind. On prodding, he confirmed again that I would be able to change my mind and that this was legally required for buying things over the phone. At this I said I was happy and looked forward to receiving paperwork from him to peruse.
So, this evening, I received a parcel which, on unwrapping, contained a "home package connection pack" from Orange. Somewhat confused, I rang the number on the letter and explained to a quite different, very nice man, that I didn't know why I had this and where was my letter? Some twenty minutes later I was passed onto another very nice man in customer services who apologised and said that I was on on the new package and signed up to an 18 month contract. I explained rather firmly that oh no I was not. After some umm-ing and ah-ing - and after having conferred with his manager, he said that as he "fully understood" my situation they would give me two weeks to change my mind (this was out of the goodness of their hearts given that I had been expecting a letter - incidentally they don't send out letters anyway). I was a tad crotchety by this point. He said that there was no legal obligation to give a cooling off period (I thought there was...?). Somewhat irritated now, (I'm paying for the call) I requested that I be put back on the tariff I was on and that I would, in my own time, find a better deal. But this, apparently, was not possible as it is now a defunct tariff. My options, I was told, were to stick with it, take the very kindly offered two weeks and then quit or quit right now. Frankly, I wasn't terribly impressed.
Anyway, I shan't be sticking with Orange whatever now. I've already started looking around and will probably go for BE which is mentioned very favourable on this site. I'll ring Orange back in a few days (the very nice man confirmed that I have until 22 Dec to quit them) and get my code to leave, and sign up with (probably) BE.
Thanks for sticking with me, I feel better for unloading that. I'm just interested to know, if anyone does know, is what Orange did (as outlined above) legal? Can they just change your tariff on a cold-called one-sided phone call, given that they've promised to write with details to you and that you'll have a cooling off period to change your mind - and then just jolly well go ahead and do it with no letter and no cooling off period?
Many thanks.

kwikbreaks

The regulations are quite clear and although Orange probably stuck to the letter of them they certainly diddn't follow the spirit of them.

Be is an excellent choice of ISP assuming you can get them. You may wish to also consider O2 which is the same product (apart from CS) but cheaper. Both attract cashback through sites such as Quidco. Check Be is available to you - it will say O2/Be in the LLU section on the right - http://www.samknows.com/broadband/search.php

Distance Selling Regulations

If you sell goods or services to consumers by:

• the internet
• digital television
• mail order, including catalogue shopping
• phone
• fax

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

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I have a little more time now so I'll add some more thoughts...

There must have been some motivation for Orange to call you and I suspect that motivation may be that they have either just unbundled your exchange or are in the process of doing so. Your visist to SamKnows should show if and when Orange became an LLU operator there.

If you were not originally LLU there could be an issue moving ISP if Orange have already scheduled your ADSL for connection to their kit. BT tend to only accept one work order at a time so moving to a different ISP could be delayed while the original move to Orange LLU is actioned or the order is cancelled. If only for that reason I would advise you to request your MAC immediately. This doesn't cancel your contract and even if you decided to stay with Orange would do no harm. After your migration make sure that you notify Orange that you have moved on - preferably in writing.

GottaNewTent

This is really helpful, many thanks kwikbreaks. I'll get my MAC code and consider myself to have learned a lesson here - no accepting any deals from unsolicited phone calls for me again!

kwikbreaks

Hope it works out well for you.

bigdave1973

Has anyone ever had a good experience with Orange broadband??

kwikbreaks

Is that a rhetorical question? :rotfl:

jamesey07

hey i have to say i was very pleased when i had orange broadband, i got it for free with my mobile phone contract which was costing me £20 a month, i got 8gb free and a free phone with i think it was 600 mins and unlimited texts, i have to say that orange broadband never give me no problems the whole time i was with them i don't get the free broadband now as my mobile contract is £15 a month and am on 3 mobile broadband which sometimes cuts of and is annoying, hope this helps.