Orange contract.

FOXY1

Can Orange let a third party set up a contract without your consent?

Techhead_2

Do you mean a contract in your name, without your consent ? (fraud or mistake)

Or do you mean that a contract was set up (without your knowledge) by a third party who you have responsibility for ? (eg child, power of attorney, business etc)

FOXY1

I had a contract with Orange which was due to end on 1st July, a third party upgraded my contract 3 months before it ended.

The third party did contact me asking if I would like to try a Nokia, I have never recieved the phone and the saleman did not tell me that by trying it would tie me into a extended contract, after all when you test drive a car it does not tie you into buying it.

I have contacted Orange to ask why a third party can do this without me being informed as I have to provide a password and security details before I can discuss my account.

Thanks for replying.

macman

You thought that you could test drive a contract phone?
Is the 3rd party an independent Orange agent? If so, why haven't you spoken to them about why you have not received the upgrade?
Your contract doesn't end upon expiry of it's minimum term, it just becomes a rolling 30 day contract.

FOXY1

The third party said I could test the phone (not the contract as this stayed as before) to see if I liked it, if not I could return it to them.

They are independant, I have been in contact with both Orange and the 3rd Party. I wanted to keep the old number and port another number to the contract but as I got tied in I cannot do this.

The phone has been signed for as it was sent to my old address.

macman

The retailer must be having a laugh, you might be allowed to try a similar model in the shop-but no-one sends phones out 'on approval'
Have you attempted to recover the phone, if not have you reported it as stolen?

FOXY1

The retailer says a search has been carried out but it has not been used so havent reported it. Surely I am covered under the distance selling reg? Orange say the retailer has to cancel my contract and I cannot.

FOXY1

The retailer has done a search and confirmed it has not been used, therefore I havent reported it. Am I covered under distance selling?

macman

Then I suggest you do, for your own protection. Did someone sign for it using your name?
DSR: what's the timescale on this? You only have 7 days after agreeing the contract.
On the goods, you have 7 days from receipt of the item.
I think you need to make your mind up as to whether you are trying to cancel under DSR, or on the basis that the contract was mis-sold.

FOXY1

Someone has signed for the phone but not using my name.
I have not received the phone so believe I am still covered, I have never agreed to extend this contract so dont believe I should be tied in at present.

FOXY1

Just to give everyone a update, I have spoke to Orange today.

I have so far cancelled the direct debit and told the payment collection department I am holding payment until my issues have been resolved. I have been advised not to do this however it is working. (please note I have enough reason and evidence to do this and have told them payment will be made once issues have been sorted).

Orange have let a 3rd party upgrade my contract, I have informed them that I have a password to access my account and I have not authorised the contract so therefore will report the issue as fraud.

Orange contacted the 3rd party and told them they have breached distance selling regs and advised them to cancel the contract.

The 3rd party has agreed and said they will cancel within the next 7 days.

Lets hope