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

grumbler

!!!!!! wrote: »

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.

And what if I bought it from Orange shop nearby and don't want to send anything anywhere?

My point was that generally not everything stated in contracts is correct and I don't want to know what contract between Orange and Apple states. My contract is with Orange, not with Apple.

There were posts here that Orange shops insisted (illegally) in faulty phones to be sent by customers directly to Apple.

Hooloovoo

grumbler wrote: »

Your interpretation is incorrect.

Unless you can point me to an official document detailing otherwise, I will continue to believe my interpretation.

The law allows a repair or replacement if the goods have been accepted. If a repair is likely to be significantly cheaper than a replacement, then the trader can offer a repair, but this should be done within a reasonable time and without causing you significant inconvenience.

Sending my device (whatever it is) off for several weeks to be repaired WILL cause me significant inconvenience. Therefore the practical upshot is that it's my choice whether to accept a repair or not.

smeddum07

grumbler wrote: »

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

If i did not sign up to a contract that allowed payment then they could not charge me. I believe they have a get out clause in the contract something like "we can do whatever we like" but i want to see it myself for my own piece of mind.

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.

my understanding is you cannot keep information about me affecting me without allowing me to view it.

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

Well actually without my signature there is no legal limit to the contract so i can cancel on month to month basis. sorry but contracts have to be written in stone i am sure if i didnt pay they would say i had a contract!

Which they infact did when i accidently paid 10 pence less online than my bill was and then a couple of days later woke up to find myself disconected without warning.

grumbler

Hooloovoo wrote: »

Unless you can point me to an official document detailing otherwise, I will continue to believe my interpretation.

It's not 'official', but I have no reasons to think that it's incorrect:

If you want to get a faulty item replaced or repaired

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

grumbler

smeddum07 wrote: »

Well actually without my signature there is no legal limit to the contract so i can cancel on month to month basis.

This is a delusion that all contracts have to be written and signed.

In fact I am just playing devil's advocate. Personally I would ask Orange for a proof of the contract too. However, if they cannot prove it, it is not as simple as you think. They will not allow you to leave. If you refuse to pay they will ruin your credit history and sell the debt to debt collectors. Then you'll spend months if not years trying to rectify this.

Hooloovoo

grumbler wrote: »

It's not 'official', but I have no reasons to think that it's incorrect:
http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

Yes, and the next paragraph after the one you quoted

Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'.

Sending my electrical item off for 2+ weeks to be repaired will cause me significant inconvenience. If they offer to repair and the turn-around time is a couple of days then fair enough, but how often does that happen?

grumbler

Unfortunately, our not very clever lawmakers were incapable of producing anything less vague than 'reasonable' and 'significant'. You'll have to get a judge involved every time you need to make sense of these toothless terms and enforce them.

Some retailers can offer you a temporary replacement handset while yours is being repaired. Like a courtesy car it doesn't have to be as good as yours.

Also, it clearly is not "the customer's choice" like you said originally.

Hooloovoo

grumbler wrote: »

Unfortunately, our not very clever lawmakers were incapable of producing anything less vague than 'reasonable' and 'significant'. You'll have to get a judge involved every time you need to make sense of these toothless terms and enforce them.

All British law is like that. :mad:

Also, it clearly is not "the customer's choice" like you said originally.

Fair enough, I'll concede that it's not quite as clear-cut as I original thought. But likewise it's not entirely the retailer's choice either, as you claimed. The customer DOES have SOME say in the matter.

gas4you

grumbler wrote: »

There were posts here that Orange shops insisted (illegally) in faulty phones to be sent by customers directly to Apple.

With respect I would think that Orange have had their legal team inspect the aspects of consumer law before signing with Apple.

I only know the basics of consumer law, but if I had an iphone I cant see the problem of where it is sent to or by as long as I get it fixed asap under warranty.

grumbler

gas4you wrote: »

With respect I would think that Orange have had their legal team inspect the aspects of consumer law before signing with Apple.

I guess the contract says that Orange (as a retailer) is not authorised to repair the phones under warranty and has to send them to Apple. This is normal. What is not normal is how Orange's incompetent staff interpret this to their advantage. It is up to the customer either to sent the phone to Apple (under the manufacturer's warranty that is not legally enforceable) or to deal with the retailer, i.e. Orange (under the SOG act that is legally enforceable).

I only know the basics of consumer law, but if I had an iphone I cant see the problem of where it is sent to or by as long as I get it fixed asap under warranty.

I don't see any problem either IF

1. I do want this ASAP,
2. I don't mind spending time on reliable packing and going to the PO,
3. I don't mind paying for the Next Day Special Delivery that I am unlikely to get reimbursed.

Also, they are likely to ask me to pay for sending it back if they find that the phone is not repairable under the warranty.