Orange updating T&C, can I get out?

RagingGoose

I got a text today from Orange stating that their T&C have been changed.

Orange have been nothing but dire for me. From day one I have had a lacklustre service, basically cannot use data, people calling me can rarely get through, texts come through after hours (sometimes days) and even those sent can have huge delays. All with a 5 bar signal (3G and 2G).

Orange basically made me run around like a headless chicken doing all sorts of futile nonsense to resolve this issue. They even made Apple replace my iPhone 4 (which isn't even the phone Orange gave me!). It's been going on for nearly six months and the problem only seems to be getting worse. Last week they basically stuck two fingers up at me and told me to live with it.

I have a nice letter drafted which basically says "fix it or cancel my contract within weeks or I'll sue you".

However does the updated T&C give me a quicker option? Am I obligated to agree to these new conditions? and if not does this give me any right to a cancellation?

Apparently the only amendment is that my agreement is now made with 'Nothing Anywhere' instead of 'Orange Personal Communications Limited' but I never made any such agreement with 'Nothing Anywhere', I made an agreement with 'Orange Personal Communications Limited'.

Any help would be appreciated.

grumbler

Stop dreaming and read the current T&C instead of drafting nice letters.
http://shop.orange.co.uk/mobile-phones/terms#oranetser

terminating your Contract because Orange has changed its terms

4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:
4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or
4.3.2 the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or
4.3.4 the variation relates solely to an Orange Additional Service, in which case you may cancel that Orange Additional Service in accordance with Condition 15.1.

gjchester

RagingGoose wrote: »

texts come through after hours (sometimes days) and even those sent can have huge delays.

SMS has never been a time dependant service, you'll get nonowhere form the fact they are delayed.

Think New years eve, everyone texts and midnight the system slows down and they arrive sometime onthe 1st. Nothing you cna do there is no time element to SMS, heck it was never even designed to be used the way we use it now. It was designed to allow the operators the ability to notify users of a low priority message

RagingGoose

gjchester wrote: »

SMS has never been a time dependant service, you'll get nonowhere form the fact they are delayed.

I am well aware of this. Believe me, the fact I cannot receive phone calls is bar FAR my biggest complaint. I'm looking for work at the moment and NEED to be contactable.

simax

RagingGoose wrote: »

Apparently the only amendment is that my agreement is now made with 'Nothing Anywhere' instead of 'Orange Personal Communications Limited' but I never made any such agreement with 'Nothing Anywhere', I made an agreement with 'Orange Personal Communications Limited'.

Any help would be appreciated.

Hah hah!! Never heard that one on the phones before, honest!! How original.

Orange PCS Ltd have the rights to assign your contract to another company. In this case, their new owners.

So, you can't get out of the contract that way. Sorry.

Oh, and things like I've highlighted in red just make you look stupid. Grow up.

RagingGoose

Do they? I don't really care what the new company is called, it's an ambiguous choice of name with a level or irony given the fact they're a mobile communications company who are evidentially unable to offer mobile communications services.

You spend your free time coming here to defend the company you work for against the complaints a customer who is in effect being robbed every month?

Get a life sir! :rotfl:

When I worked for Santander I came to this forum to AGREE with peoples complaints. Santander are a joke, as are 'Orange'.

RagingGoose

simax wrote: »

Orange PCS Ltd have the rights to assign your contract to another company. In this case, their new owners.

In that case I don't suppose they could assign it to O2 could they? O2 left my home town without a bar of signal for six weeks but despite this I now wish I never left them! At least when I had signal things worked!

grumbler

This is covered by a different part of the T&C:

Terminating your Contract because Orange is no longer able to provide access to the Network

4.4 If, for reasons beyond our control, we are no longer able to provide the Services, we will at our discretion either:
4.4.1 make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or
4.4.2 accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up.

It's not that I am saying that it is easy to prove/enforce, just that changing the name is absolutely irrelevant.

Toe-Jam

I got out of my contract with orange for this very reason after 5 months of poor service.

I sent an email to executive.office@orange.co.uk and they called me to arrange a Pac Code. A lot of the responses to the OP's posts are a bit harsh, who are you to tell anyone to "grow up" @simax. The OP asked a valid question.

The answer is no, you can't get out of the contract due to the minor change in the terms and conditions, but you can get out of it if they are consistently failing to provide you with service and you have carried out all reasonable instructions to remedy the problem.

[Deleted User]

RagingGoose wrote: »

In that case I don't suppose they could assign it to O2 could they?

They could if they wanted, and if O2 agreed. When DotMobile folded, they passed all their customers to Vodafone, same with Blyk to Orange.

benmcfc

This thread highlights how those of us who are disgruntled with Orange's horrific service will clutch at straws to try and get out. I arrived at this thread looking for the answer to the same question. I guess I can't get out of my contract because of this recent change.

grumbler wrote: »

This is covered by a different part of the T&C:
It's not that I am saying that it is easy to prove/enforce, just that changing the name is absolutely irrelevant.

I've got the same problems as the OP and have been quoting those parts of Orange's terms at Orange's call centre staff for weeks and have got absolutely nowhere.

I'm currently getting nowhere with a complaint to CISAS either. It just takes so long for them to do anything. The longer it drags on the more money Orange makes for providing a less than acceptable level of service.

Toe-Jam wrote: »

I got out of my contract with orange for this very reason after 5 months of poor service.

I sent an email to executive.office@orange.co.uk and they called me to arrange a Pac Code. A lot of the responses to the OP's posts are a bit harsh, who are you to tell anyone to "grow up" @simax. The OP asked a valid question.

The answer is no, you can't get out of the contract due to the minor change in the terms and conditions, but you can get out of it if they are consistently failing to provide you with service and you have carried out all reasonable instructions to remedy the problem.

Did you get out of your contract quoting section 4 of Orange's terms? How exactly did you manage that?