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Orange/Phones4U issues - contract break?

2»

Comments

  • eranou
    eranou Posts: 377 Forumite
    Naf wrote: »
    Not true. When purchasing goods with services, it is the service provider (in this case Orange) who are legally responsible for both.
    Quoting from Here on this site:



    Although you can go back to Phones4U for a repair of your handset, and they will do it free of charge (within warranty), the Supply of Goods and Services Act says your mobile service provider is responsible for both.
    Phones4U have no access whatsoever to any of your details held with Orange, and have no way to access these. They could phone the network on your behalf, but the network will still need to speak to you to do security checks; just P4U might know what to ask better than you would. Maybe.


    What if Phones4u have put the sale through on the wrong tarrif?

    Would it not be their responsibility to sort it out with orange
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    eranou wrote: »
    What if Phones4u have put the sale through on the wrong tarrif?

    Would it not be their responsibility to sort it out with orange


    They'd have to sort it out for you, but that wouldn't necessarily mean changing things with Orange. If I remember correctly (I worked there for a year), they have to cancel the existing contract, and start a brand new one.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • gjchester
    gjchester Posts: 5,741 Forumite
    Naf wrote: »
    Also from Direct.gov:

    [/LIST]

    Your recourse is *ALWAYS* the retailer, who you have a contract with. As I said talking to the network may be quicker to get through and a problem resolved faster but they have no legal obligation to help as they are a third party, although they do as it's good customer service.



    Also from direct.gov

    Making a complaint – what to do first


    If you have bought a faulty item or paid for a poor service, you can make a complaint against the trader. Find out how to complain, what to include in a letter of complaint and what to do if you don’t agree with the trader’s response

    Or Which http://www.which.co.uk/mobile/advice-and-support/dealing-with-mobile-phone-problems/your-mobile-phone-rights/

    Third-party mobile retailers

    If you bought your mobile contract from a third-party retailer such as Phones4U or an online retailer, first complain to the retailer that sold you the contract.


    If that fails, contact your mobile network. Although mobile watchdog Ofcom doesn't directly regulate third-party retailers, it has put rules in place to ensure that they meet certain standards.
    The onus is on mobile operators to make sure this happens. If neither your mobile retailer nor your network will help, contact Ofcom for advice.
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    gjchester wrote: »
    Your recourse is *ALWAYS* the retailer, who you have a contract with. As I said talking to the network may be quicker to get through and a problem resolved faster but they have no legal obligation to help as they are a third party, although they do as it's good customer service.

    As per my two above: it's not the Sale of Goods Act, its the Supply of Goods and Services Act, which points you in a different direction. You have signed no contract to Phones 4 U (or Carphone or anyone else); the contract is with the network, but the retailer supply the handset. Its not the same as purchasing something off a supermarket shelf. Phones 4 U have no way to access anything that is between the consumer and the network, other than the details of the contract signed in their store. Any changes you have made to this service (increasing/decreasing tarriff, method of payment), any additional products and services you have added, if you change your address, how much your bills have been, where you have been calling - none of this information is accessible in any way from the third party retailer, and no amount of complaining to them will allow them access to it. The network are the service provider, and the Supply of Goods Act holds them wholly responsible.


    gjchester wrote: »
    Also from direct.gov

    Making a complaint – what to do first


    If you have bought a faulty item or paid for a poor service, you can (you can complain to whoever you like) make a complaint against the trader (only really the course of action if it is something you believe the trader has done wrong. Its not bad advice generally, as if they can't deal with it they'll direct you to your network service provider anyway; but its not what The Supply of Goods and Services Act says). Find out how to complain, what to include in a letter of complaint and what to do if you don’t agree with the trader’s response

    Or Which http://www.which.co.uk/mobile/advice-and-support/dealing-with-mobile-phone-problems/your-mobile-phone-rights/

    Third-party mobile retailers

    If you bought your mobile contract from a third-party retailer such as Phones4U or an online retailer, first complain to the retailer that sold you the contract (note: not "who your contract is with").

    If that fails, contact your mobile network. Although mobile watchdog Ofcom doesn't directly regulate third-party retailers, it has put rules in place to ensure that they meet certain standards.
    The onus is on mobile operators to make sure this happens. If neither your mobile retailer nor your network will help, contact Ofcom for advice.

    This is nether a faulty item, nor a poor service. This is a query regarding the amount charged; and it does seem that it has been answered; the VAT increase, added to the £1.50 per month to receive paper bills (itemised or not) adds up to exactly what the OP is paying. Although P4U might have surmised this in the same manner that we have here, they aren't able to access the information themselves any more than we can.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
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