Problem with Orange Broadband/Contract Phone

faymondo16

I took an orange contract out in Sept2009 for 18 months. In Dec 2009, i visited the local orange shop to see if I could get a better package for my orange broadband which I have had since Aug 2007. They said I could have broadband and phone for £17.

Yesterday, I rang orange for a mac code and they informed me before they issue a mac code I have to pay £260 to terminate my contract as I still had 15mths let on it.

At no time was I ever told that taking outthis broadband in December was I entering into a new 18mth contract with orange and I haven't even signed any paperwork to saythis . I told them I wan't going to pay and they are now threatening small claims court.

Can anyone tell me where I legally stand on this and what I should do next.

Many thanks

macman

You entered into a new verbal contract in December, which has exactly the same validity as a written contract. And you have accepted the terms of the contract by virtue of using the service for 3 months.
You have no option but to see the contract out or pay the early termination fee.

cagney_2010

macman wrote: »

You entered into a new verbal contract in December, which has exactly the same validity as a written contract. And you have accepted the terms of the contract by virtue of using the service for 3 months.
You have no option but to see the contract out or pay the early termination fee.

A verbal contract ? - I can't believe such a thing exists. There's no paperwork or witnesses; just you and the person you spoke to.

How can that be a valid contract if basically, it's their word against yours ?

macman

cagney_2010 wrote: »

A verbal contract ? - I can't believe such a thing exists. There's no paperwork or witnesses; just you and the person you spoke to.

How can that be a valid contract if basically, it's their word against yours ?

It's not 'their word against yours'. The OP agreed it and they will have been billing it at the agreed price for 3 months, so they have accepted the service and made a contract.
As for contracts, every time you buy something in a shop you make a verbal but legal contract . 'Mars bars please'. 'That'll be 50p': 'OK, here you are'. You have just made a contract-you obtained goods or service in return for a payment.
Why do people persist in thinking that contracts have to be written on parchment and signed with witnesses present?

cagney_2010

macman wrote: »

It's not 'their word against yours'. The OP agreed it and they will have been billing it at the agreed price for 3 months, so they have accepted the service and made a contract.
As for contracts, every time you buy something in a shop you make a verbal but legal contract . 'Mars bars please'. 'That'll be 50p': 'OK, here you are'. You have just made a contract-you obtained goods or service in return for a payment.
Why do people persist in thinking that contracts have to be written on parchment and signed with witnesses present?

Appreciate your response, macman, but what if something went 'wrong', and one of the party decided to falsify a lot of stuff.

How would that work in a court of law ? - bearing in mind it's your word against the other individual ?

macman

Then it would indeed be one word against the other. But that is clearly not the case in this instance. There are endless examples on this board of people agreeing contracts without checking the fundamentals (like how long is the minimum term?) and then asking if they can maybe break the contract because 'I never signed anything'. It's a fallacy.
In this case, it wouldn't come to court anyway. If the OP refuses to pay he/she will have their credit record trashed. No need for Orange to resort to any legal process.