Orange mobile keep taking money..help

Gareth.Smyth

The first thing to consider is the direct debit guarantee scheme. The bank or building society is responsible for any error that occurs with reference to direct debits, therefore it follows, if you ended the contract and Orange are still taking money from your sons account, they are liable to indemnify your son to the same extent as Orange.

Hope this helps.

gjchester

Gareth.Smyth wrote: »

The first thing to consider is the direct debit guarantee scheme. The bank or building society is responsible for any error that occurs with reference to direct debits, therefore it follows, if you ended the contract and Orange are still taking money from your sons account, they are liable to indemnify your son to the same extent as Orange.

Hope this helps.

Again it hinges on the fact was the contract really canceled.

Gareth.Smyth

gjchester wrote: »

Again it hinges on the fact was the contract really canceled.

It does, however, communication of the revocation has been communicated verbally. The court would accept this as certain on an affidavit.

Silk

Gareth.Smyth wrote: »

It does, however, communication of the revocation has been communicated verbally. The court would accept this as certain on an affidavit.

It would seem your client would be able to swear an affidavit as per the post that he was cancelling but failed to do so then it would have carried on running.
If the T&C's require him to cancel in writing or by rquesting a pac code then no amount of affidavits are going to make any difference unless he can produce written communication that it has been cancelled.
It seems the phone was cut off because of non payment rather than cancellation by the customer

Gareth.Smyth

Silk wrote: »

It would seem your client would be able to swear an affidavit as per the post that he was cancelling but failed to do so then it would have carried on running.
If the T&C's require him to cancel in writing or by rquesting a pac code then no amount of affidavits are going to make any difference unless he can produce written communication that it has been cancelled.
It seems the phone was cut off because of non payment rather than cancellation by the customer

Then you are referred to the Unfair Terms in Consumer Contract Regulations 1994 in particular the requirement of reasonableness in all of the circumstances. Phone companies accept orders by phone and, so it follows that in all the circumstances it is reasonable for them to accept revocation by same.

AndysDad

Maybe you could ask for a transcript of the original call when your son cancelled the contract.

Exhortation

Gareth.Smyth wrote: »

Then you are referred to the Unfair Terms in Consumer Contract Regulations 1994 in particular the requirement of reasonableness in all of the circumstances. Phone companies accept orders by phone and, so it follows that in all the circumstances it is reasonable for them to accept revocation by same.

Since the T&Cs require termination of the contract in writing, the onus would be on the plaintiff to show that this was unreasonable not that accepting termination of said contract verbally was reasonable. The respondant would be able to point to thousands upon thousands of customers who had successfully complied with the T&Cs when terminating their agreements as evidence that requesting written confirmation is reasonable.

Gareth.Smyth

Exhortation wrote: »

Since the T&Cs require termination of the contract in writing, the onus would be on the plaintiff to show that this was unreasonable not that accepting termination of said contract verbally was reasonable. The respondant would be able to point to thousands upon thousands of customers who had successfully complied with the T&Cs when terminating their agreements as evidence that requesting written confirmation is reasonable.

I'm not sure that the contract does expressly provide for written cancellation and i'm not altogether sure that it matters.

Exhortation

Gareth.Smyth wrote: »

I'm not sure that the contract does expressly provide for written cancellation and i'm not altogether sure that it matters.

If there are no terms within the contract for written cancellation then there is no case to answer under the act you mentioned. If there are no terms then, by definition, they can't be unfair.

Exhortation

From the T&Cs for Orange Pay Monthly customers, effective 26 November 2009...

4 your rights to terminate this Contract
terminating your Contract after the Minimum Term
4.1 You may terminate your Contract to expire at any time after the Minimum Term by giving us at least one month's notice. You are free to restore your Contract throughout this notice period, should you change your mind.


Since the above does not state that notice need be submitted in writing the OP and her son would appear to have a case. The point of whether a PAC was requested is still a relevant one, though.

The Unfair Terms in Consumer Contract Regulations 1994 don't apply as the necessity for written notice is neither stated nor implied.