Is it possible to get out of Orange Pay monthly contract?

schoolrunmum

As it says,I have an Orange contract and they are worse than useless...I've never managed to speak to a customer service rep on the phone,you just spend 30mins (or as long as your patience lasts!) being told how much they value your call,and will be with you as soon as possible-yet never answer! I am looking at a 3rd 30 min each way drive to my nearest store to enquite abpout my 5 month old phone that is broken.
Is it possible to get out of the contract-it seems to me they are breaking the terms already,so can I ..and leave??? Thanks in advance..

grumbler

What terms are they breaking?
I don't call them much, but usually I am able to get through after some waiting (doesn't cost me anything). Alternatively you can send them a e-mail through the website, but don't expect a prompt reply.

schoolrunmum

I've never yet managed to get through to someone...I'm just a bit cross really,as last month they accidentally canx the DD and froze the account,as I had to drive to the store to sort it as no luck speaking to anyone at Cust svcs...

gjchester

schoolrunmum wrote: »

As it says,I have an Orange contract and they are worse than useless...I've never managed to speak to a customer service rep on the phone,you just spend 30mins (or as long as your patience lasts!) being told how much they value your call,and will be with you as soon as possible-yet never answer! I am looking at a 3rd 30 min each way drive to my nearest store to enquite abpout my 5 month old phone that is broken.
Is it possible to get out of the contract-it seems to me they are breaking the terms already,so can I ..and leave??? Thanks in advance..

What terms are they breaking?

If the handsets faulty they have to repair or replace it (at their choice) but Orange don't make the handsets so although they are responsible as the retailer to fix it they can't be blamed for manufacturers faults.

If they refuse to fix it with out good reason you have a case but they don't seem to be doing that yet. How far the drive is is unfortunatly out of Oranges control, can they not do it online rather than over the phone?

Back to your original question can you leave, Certainly, but the termination fee will be months left x monthly rental minus a bit off if you pay it all at once.

gas4you

gjchester wrote: »

If the handsets faulty they have to repair or replace it (at their choice) but Orange don't make the handsets so although they are responsible as the retailer to fix it they can't be blamed for manufacturers faults.

Unless it's an iphone.

Orange's contract with Apple states that any faulty iphone has to be taken or sent to Apple for warranty repairs, unlike other networks who will send it off for you.

grumbler

gas4you wrote: »

Orange's contract with Apple states that any faulty iphone has to be taken or sent to Apple for warranty repairs, unlike other networks who will send it off for you.

It doesn't matter what some contract states as it cannot override the SOG act.

smeddum07

THought would add my own complaint here, i mistake by an orange call center working ending up with me paying a whole load of charges when a mistake with direct debit happened i then (finally) got it sorted out and told them i wasnt paying by direct debit again due to me not trusting them and i wouldnt be paying the non direct debit charges, they said they would have to charge me this now i asked for a copy of my contract to see if it was in there now i have been told that this is impossible.
Now with my understanding of freedom of information act if they hold information about me they have to release it if asked? So therefore i believe they cant prove any sort of contract with me so i would be allowed to leave since they cant prove i owe them any money what so ever.
Is any of that true my GF who did a law degree said i had a shot but she never did consumer law to high level nor did she become a lawyer (thank god eh lol) to put my cards on the table i would love to leave orange but dont want to just walk away and leave a debit. I made that mistake when a young man and still paying for it lol. If this does work i would say everyone who wants to leave orange could do it.

grumbler

smeddum07 wrote: »

...i asked for a copy of my contract to see if it was in there

If it wasn't there this doesn't mean that all payment methods have to be free.

Now with my understanding of freedom of information act if they hold information about me they have to release it if asked?

It has to be a special request under the Act and they can charge you up to £10 for this. Also, I am not sure that this information includes the contract.

So therefore i believe they cant prove any sort of contract with me so i would be allowed to leave since they cant prove i owe them any money what so ever.

Lack of a paper contract doesn't prove that you don't owe them because you did use their services.

Hooloovoo

gjchester wrote: »

If the handsets faulty they have to repair or replace it (at their choice)

The OP said the phone was 5 months old.

Within the first six months the onus is on the manufacturer to prove that the phone was NOT faulty from day one, and it is the customer's choice whether to go with a repair or replacement.

When I had a faulty phone from T-Mobile that was only 4 months old I said sending the phone away for repair would be very inconvenient for me and I would prefer a replacement. They sent out a new phone, and when the courier delivered it I had to swap it over and he took my old one away to return to them.

That's what Orange *should* have done.

System

grumbler wrote: »

It doesn't matter what some contract states as it cannot override the SOG act.

Why are some people so jobsworth about their 'rights'

If you send to Orange, they then send it to Apple. Apple send replacement or repaired item to Orange or who then send it back to you. Round trip time about 4 weeks.

You send it direct to Apple who send you a replacement back. Round trip - a week?

There are times when you should really apply common sense rather than demanding on your rights.

grumbler

Hooloovoo wrote: »

The OP said the phone was 5 months old.

Within the first six months the onus is on the manufacturer to prove that the phone was NOT faulty from day one, and it is the customer's choice whether to go with a repair or replacement.

Your interpretation is incorrect.
Firstly, it's the retailer, not the manufacturer.
Secondly, if they cannot prove they have to replace or repair (their choice) for free. If they can prove they don't have to replace or repair.

When I had a faulty phone from T-Mobile that was only 4 months old I said sending the phone away for repair would be very inconvenient for me and I would prefer a replacement. They sent out a new phone, and when the courier delivered it I had to swap it over and he took my old one away to return to them.

Unfortunately, this single fact doesn't prove the general rule. You asked to replace and they agreed although they were not obliged to.