Orange Mobile

vicki72

I have had an Orange contract for a number of years and upgraded to a Nokia 5230 4 months ago. Due to various faults with the handset - screen freezing, randomly redailing last called number, handset switching off, poor internet access - it was replaced by Orange on 2 occasions. When the faults persisted for the third time I received a different replacement model - the Samsung S5600 - which is quite possibly worse than the Nokia. The Samsung is totally unsuitable for my needs and would appear to be more appropriate for a younger person's usage. I have contacted Orange and they are unwilling to send me a further model or unwilling for me to return the Samsung model and pay towards a phone of higher value and more appropriate quality. They claimed that they are not liable for the handset as part of the contract and stated that I would only be able to upgrade if I paid the remainder of the contract - £402. Has anyone had any similar experiences with Orange and know of any way that this can be resolved?
Many thanks
Vicki

rb10

You have posted this in the Credit Cards forum.

You'll probably get a better response by re-posting it on the Mobile Phones board.

vicki72

im a newbie and am trying to repost it in the correct forum...its driving me nuts trying to navigate round this...lol...thanks though!

vicki72

reposted in correct forum...is there a way that i can delete it on this forum?

izools

vicki72 wrote: »

I have had an Orange contract for a number of years and upgraded to a Nokia 5230 4 months ago. Due to various faults with the handset - screen freezing, randomly redailing last called number, handset switching off, poor internet access - it was replaced by Orange on 2 occasions. When the faults persisted for the third time I received a different replacement model - the Samsung S5600 - which is quite possibly worse than the Nokia. The Samsung is totally unsuitable for my needs and would appear to be more appropriate for a younger person's usage. I have contacted Orange and they are unwilling to send me a further model or unwilling for me to return the Samsung model and pay towards a phone of higher value and more appropriate quality. They claimed that they are not liable for the handset as part of the contract and stated that I would only be able to upgrade if I paid the remainder of the contract - £402. Has anyone had any similar experiences with Orange and know of any way that this can be resolved?
Many thanks
Vicki

Vicki, orange are unfortunately correct.

The handset provided is contractually speaking a free gift.

It has no bearing on the "contract" which is an agreement to provide the cellular service to the SIM - not the Phone.

If the phone is unfit for purpose you are within your rights to request a repair, or replacement if repairs prove ineffective - you'll just have to go through two samsungs and wait to see what they offer next.

This doesn't affect your liability towards the monthly line rental

Pain in the proverbial I know but unfortunately that's the way it is...

vicki72

hi...i don't mean to question you but was wondering how you know this? sorry if i offend.

SCO

It has no bearing on the "contract" which is an agreement to provide the cellular service to the SIM - not the Phone.

As the phone is part of the contract and Orange is the retailer under consumer laws is it not Orange's responsibility to repair/replace a faulty product to the consumer then Orange claim of samsung?

izools

vicki72 wrote: »

hi...i don't mean to question you but was wondering how you know this? sorry if i offend.

My other half works in a high level position for a well known telecommunications provider.

I didn't want to believe this when I first heard it but having scoured various contracts this does indeed apply to all networks.

izools

SCO wrote: »

It has no bearing on the "contract" which is an agreement to provide the cellular service to the SIM - not the Phone.

As the phone is part of the contract and Orange is the retailer under consumer laws is it not Orange's responsibility to repair/replace a faulty product to the consumer then Orange claim of samsung?

The phone is not part of the contract. See above.

As it is, at law, a free gift, only the manufacturers warranty applies. Certainly if the devices is proven unfit for purpose Orange replace it, but this does not affect the contract or the customers' liability to pay line rental.

Orange_Company_Representative

Hi vicki72,

Unfortunately what you have been advised is correct. The handset does not form part of your agreement. The replacement policy provides you with a like for like model. In certain circumstances you may be offered a different model replacement, however this is system generated, the CSR has no say over the options presented.

Hope this helps.

Steve, Orange Helpers

Twitter:@OrangeHelpers
Facebook: Orange UK