Orange won't cancel contract despite poor 3G network availability

achilles1

Hi all,

I have signed up with Orange on a monthly plan that gives unlimited 3G internet and emails. The only reason I bought the 24 month plan is because of these features.

In the 8 months sinced I signed up I have only had 5 months of uninterrupted 3G coverage in my area, due to Orange masts going out of service all the time.

My understanding was that I would get 3G network availability in the region of 95%-100% and nowhere near as low as 60%. I feel cheated by Orange and I want out but they refuse to cancel my contract.

Where do I stand legally? I believe that under the Sale of Goods Act the service must be "fit for purpose" and in my case clearly is not.

Any advice would be appreciated.

Thanks,

A.

gjchester

achilles1 wrote: »

In the 8 months sinced I signed up I have only had 5 months of uninterrupted 3G coverage in my area, due to Orange masts going out of service all the time.

My understanding was that I would get 3G network availability in the region of 95%-100% and nowhere near as low as 60%. I feel cheated by Orange and I want out but they refuse to cancel my contract.

Where do I stand legally? I believe that under the Sale of Goods Act the service must be "fit for purpose" and in my case clearly is not.

Any advice would be appreciated.

Thanks,

A.

Can you get a 2G signal? Can you get a signal outside but not inside? No mobile company guarantees service everywhere due to the nature of the radio wave propgation and things intervening like buildings. And none will guarantee you can use a phone indoors.

Are you sure its the network and not an issue with your phone?

Given this has been accepted by you for eight months you have a weak case. You have pretty much no hope of cancelling, the networks contract terms specifically will state about the no service everywhere.

Although if you took it to court Orange may not defend it and you win by default, it's by no means certain. If Orange did choose to send someone to defend it you would almost certainly lose.

achilles1

gjchester wrote: »

Can you get a 2G signal? Can you get a signal outside but not inside? No mobile company guarantees service everywhere due to the nature of the radio wave propgation and things intervening like buildings. And none will guarantee you can use a phone indoors.

Are you sure its the network and not an issue with your phone?

Given this has been accepted by you for eight months you have a weak case. You have pretty much no hope of cancelling, the networks contract terms specifically will state about the no service everywhere.

Although if you took it to court Orange may not defend it and you win by default, it's by no means certain. If Orange did choose to send someone to defend it you would almost certainly lose.

Orange themselves adviced me to set up my phone to pick up the 2G network only as the 3G network is down in my area. My point is that I signed up to a monthly plan specifically because it gave unlimited 3G internet. I am no longer able to use the service which is why I want the contract to end.

lucylucky

achilles1 wrote: »

Orange themselves adviced me to set up my phone to pick up the 2G network only as the 3G network is down in my area. My point is that I signed up to a monthly plan specifically because it gave unlimited 3G internet. I am no longer able to use the service which is why I want the contract to end.

Is the lack of 3G coverage down to the fact that Orange have changed something? e.g work on masts

reduceditem

Ask them to advise you of their complaints procedure. If that doesn't get the result you are after.....make the complaint. If that doesn't work, complain to OFCOM.

Companies hate properly registered complaints because it costs them money to attend to them.

gjchester

achilles1 wrote: »

Orange themselves adviced me to set up my phone to pick up the 2G network only as the 3G network is down in my area. My point is that I signed up to a monthly plan specifically because it gave unlimited 3G internet. I am no longer able to use the service which is why I want the contract to end.

Read your contract. You may have asked for unlimited 3g service but the contract probably says access to the airtime service. If the service is down for a technical reason then thats permitted in the contract. Theres no timeframe on the fix, it could be someone has complain in your area and a mast removed, thats beyond Oranges control and they may well be trying to get a new mast in but are stuck in planning permission heck.

Unfortunatly unless it specified 3G in the contract (and I doubt it will) then as long as you can get a 2g signal the airtime service is still available and you have no recourse.

I know it's not what you want to hear, but unfortunatly no company guarantees coverage in all places.

Have you tried getting it enabled for T-Mobile to maybe get a better signal through that?

drbesty

The contract you agreed to makes no mention of the 3g network at all, it's an airtime agreement, if it works on 2g then it works. Orange don't have to provide access to the 3g network, it's seen as a nice to have rather than a necessity

achilles1

drbesty wrote: »

The contract you agreed to makes no mention of the 3g network at all, it's an airtime agreement, if it works on 2g then it works. Orange don't have to provide access to the 3g network, it's seen as a nice to have rather than a necessity

I do not agree - the monthly plan, which is part of the contract, states that Orange will offer me unlimited 3G internet over their 3G network. This is what lured me into signing up with them.

Is it only me that things this is mis-selling?

To put it in simple terms, if you go to your grocer and you pay him for 10 apples and he only gives you 6, you wouldn't be too happy would you?

achilles1

reduceditem wrote: »

Ask them to advise you of their complaints procedure. If that doesn't get the result you are after.....make the complaint. If that doesn't work, complain to OFCOM.

Companies hate properly registered complaints because it costs them money to attend to them.

Thanks for the advice, I have already started the complaints procedure and I will take it to the highest level if needed. Unfortunately, I have to go through their ignorant "customer services" first before I can escalate further.

gjchester

achilles1 wrote: »

I do not agree - the monthly plan, which is part of the contract, states that Orange will offer me unlimited 3G internet over their 3G network. This is what lured me into signing up with them.

Is it only me that things this is mis-selling?

To put it in simple terms, if you go to your grocer and you pay him for 10 apples and he only gives you 6, you wouldn't be too happy would you?

The T&C state

We will take all reasonable steps to make the Services available to you at all times.
TheServices are only available within the range of the base stations that make up the Network. We cannot guarantee a continuous fault free service. Please note that:
3.1.1 the quality and availability of Services may sometimes be affected by factors outside our
control such as local physical obstructions, atmospheric conditions, other causes of radio interference, features or functionality of your Device, the number of people trying to use the network at the same time, and faults in other telecommunication networks to which the
Network is connected;
3.1.2 the quality of our Services may not be at its best inside buildings or below ground.

No mobile network can guarantee you 3G service, and given it's a radio based service you would be unreasonable to expect such a service.

You may be offered unlimited 3G which in reality has a fair use limit, but you cannot reasonably expect the 3G network to be everywhere.

It's like you requiring the grocer to have a shop on every street corder and be open 24 hours a day on the off chance you wanted to buy apples at any time in the day anywhere in the UK.

I know this is not what you want to hear but its what you signed up to. You are being unreasonable to expect unlimited 3g everywhere, you have to accept that as it's radio based there will be blackspots and there will be times it doesn't work due to maintainiance or repairs.

Good luck, I suspect the best you'll get is a refund of some of the cost for goodwill.

Hammyman

You've got no chance. See my thread. I have good 3G coverage but an oversubscribed cell site so its unusable on 3G. They say that as long as you can make and receive calls on 2G and use GPRS for internet acces then they are fulfilling their part of the bargain.

Looks like my last resort is to file a complaint with CICAS.

Needless to say I won't ever be going back with them and no member of my family will be using them as long as I'm alive.