EU ruling on 3 year contracts

moosejoose

I have 15 months to go on a three year contract. I went to my local mobile phone shop to see if they could advise me on getting an upgrade to my phone, I was told by the guy there that three year contracts had now been deemed by the EU court to be illegal. He said that I should ring Orange and ask to be released from my contract immediately as it was illegal and also to seek compensation.
After checking on the web to find that all phone companies had been advised the 3 yr contracts were made illegal on 1st May I contacted my provider Orange today, the guy I spoke to referred to his manager and said that as I had entered in to the contract 21 months ago when it was legal they had no obligation to release me from the contract.
Just wondering if anyone else has any advice or experience of this and could advise me if I have any comeback on Orange.
Thanks

Jon_01

They can no longer offer them, but they haven't been made illegal.

As you took the contract out before the ruling came into force it's perfectly valid I'm afraid.

chanz4

orange give a free fone every 18 month anyway on the 36 month deal.

simax

Yep. Can confirm. Any 36 month plan taken out before 5th May is allowed to continue under EU legislation. However new sign-ups are not.

Stuart_W

Hi, moosejoose.

Like you, I am currently in a 36 month contract with Orange. I guess from here on in we're going to be a dying bread.

If you have only got 15 months left, that means you've had your phone for more than 18 months.

chanz4 is correct - you are now entitled to a free replacement phone from Orange. As I discovered, they don't notify you - you have to ask for it!

Give customer services a call and tell them that you are in a 36-month contract and are now entitled to your free replacement phone.

Customer services should reel off a list of phones you can choose from - worth noting this is called a "replacement" phone. not necessarily an upgrade, so you may only be offered exactly the same phone again - or equivalents. I had 5 or 6 to choose from, one of which was the phone I received when I signed up.

Your contract remains in place with existing end date, you just stick the SIM card in the new phone that arrives. You're told to ignore all the Orange upgrade paperwork that comes with the phone (including the new pay monthly SIM card).

I notice Orange haven't reduced their 36-month contracts to 24 or 18 and scrapped the replacement handset bit - they've just pulled them althogether. Only Talkmobile left offering a £5/month contract now I think. Virtually free (or better) PAYG handsets has kind of negated the point of these deals I suppose.