MSE News: Orange to raise monthly mobile costs

jhp

Two long threads running on this subject !!!

Also see https://forums.moneysavingexpert.com/discussion/comment/48898833#Comment_48898833

targaid

I recently left Orange after they put up the cost of my contact with no warning. Apparently, despite my negotiating a price with them when I joined the network the 'loyalty bonus' their trip had applied ran out before the end of the contact and I was not entitled to the price I negotiated. Any offer they made to keep me would have cost me more and the phone I'd had never worked properly. Their final comment on phone faults was "It's not our problem" and they denied any relevant regulation either applied or even existed.
I'm now with GiffGaff where I know I'll need to sort my own problems and if they're rubbish I can walk whenever I want. (anyone tempted to leave is welcome to an invite from me!) They also reward you for helping other users. Orange admired they couldn't come near what I pay now and my signal is better and data faster.
They still want £20 to unlock my old phone which I want to keep for emergencies if I can get it fixed! I can understand there being a charge to provide the code during a contract, but surely once it's over the phone its paid for, belongs to me and they have no right to prevent me from using it as I see fit?

shandoli

DUTR wrote: »

You can put the sign up by all means, that would not exempt you from prosecution, the T&Cs that you had when you started using the service is well documented and legal

yes but I am arguing that the price hike during an existing contract should let me terminate the contract without fees irrespective of what orange's terms and conditions say.

Just Like I would be jailed for murder irrespective of the postman agreeing to my terms and conditions of giving me the right to murder him without consequences by stepping foot on my property.

Are we any closer to agreeing? LOL

Also, just wondering, has there ever been a court case on similar matters? be very interesting to see what the precedence is.

jhp

shandoli wrote: »

yes but I am arguing that the price hike during an existing contract should let me terminate the contract without fees irrespective of what orange's terms and conditions say.

"Lawyers at consumer lobby group Which? advise that Orange is "probably behaving legally", adding its terms and conditions would stand unless they could be successfully challenged as unfair "


Source :http://www.moneysavingexpert.com/news/phones/2011/11/orange-to-raise-monthly-mobile-costs?utm_source=forum&utm_medium=sidebar&utm_campaign=box

DUTR

shandoli wrote: »

yes but I am arguing that the price hike during an existing contract should let me terminate the contract without fees irrespective of what orange's terms and conditions say.

Just Like I would be jailed for murder irrespective of the postman agreeing to my terms and conditions of giving me the right to murder him without consequences by stepping foot on my property.

Are we any closer to agreeing? LOL

Also, just wondering, has there ever been a court case on similar matters? be very interesting to see what the precedence is.

Your example is a poor one, as it is not illegal for you to put the sign up, it is illegal to take someone's life outside of special circumstances, which you do not qualify in any country.
Every year that the providers do not increase the price is a bonus, you had the T&Cs and it clearly states that they can increase the price, if the price was increased by 10% (which they could do) then you would then qualify to terminate the agreement without penalty.

shandoli

DUTR wrote: »

Your example is a poor one, as it is not illegal for you to put the sign up, it is illegal to take someone's life outside of special circumstances, which you do not qualify in any country.

Every year that the providers do not increase the price is a bonus, you had the T&Cs and it clearly states that they can increase the price, if the price was increased by 10% (which they could do) then you would then qualify to terminate the agreement without penalty.

It was an analogy to illustrate a point.

To your second point, tariffs change all the time but I am yet to see a company successfully change tarrifs mid term and defend it in court.

You seem to be thinking that Orange's terms and conditions is the law which they are not.

NFH

jhp wrote: »

"Lawyers at consumer lobby group Which? advise that Orange is "probably behaving legally", adding its terms and conditions would stand unless they could be successfully challenged as unfair "

Orange's contract terms in this respect do seem to fall foul of the Unfair Terms in Consumer Contracts Regulations 1999, which state "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer". If Orange can increase its prices but the customer can't cancel the contract to avoid the increased prices, then this sounds like a significant imbalance.

DUTR

shandoli wrote: »

It was an analogy to illustrate a point.

To your second point, tariffs change all the time but I am yet to see a company successfully change tarrifs mid term and defend it in court.

You seem to be thinking that Orange's terms and conditions is the law which they are not.

I think you may find they are legal, this is not the 1st time an airtime provider has increased their tariff without retribution.
Companies spend a longtime with legal departments find tooth combing contracts, a few may slip out of contract but it will be more of a goodwill gesture, a no win no fee lawyer will be able to advise you, IIRC a test case has already concluded.

Makeandsave

If Orange are allowed to get away with this then all the others are sure to follow, I am sure they are watching what happens. PLEASE if you are with Orange complain to Ofcom if you feel this is unfair.

shandoli

DUTR wrote: »

I think you may find they are legal, this is not the 1st time an airtime provider has increased their tariff without retribution.
Companies spend a longtime with legal departments find tooth combing contracts, a few may slip out of contract but it will be more of a goodwill gesture, a no win no fee lawyer will be able to advise you, IIRC a test case has already concluded.

Really?

Then how do you explain people being able to leave the contracts over the years from the various networks? the lawyers sure weren't doing their jobs properly back then.

Also, I have asked you twice now but you haven't given me any links to case law.

Look, if I am wrong, then I am wrong. I will suck it up but I haven't seen any court cases. Care to point me to one?