MSE News: Orange to raise monthly mobile costs

HannahIOW

Does anyone know if this applies to 30-day sim only? It doesn't fall under 'payg' but doesn't fall under contract either.

premierfella

Speculation deleted

martin8me2

HannahIOW wrote: »

Does anyone know if this applies to 30-day sim only? It doesn't fall under 'payg' but doesn't fall under contract either.

After spending much of my time in the last two days reading various articles about this situation with Orange i dont belive it effects the 30 day sim only. Only the 'legacy' (loyal) customers who took out contracts before 1st September 2011.

You should be fine, Orange would of sent a text if it was going to effect you anyway. If your worried maybe just give them a call.

Careful_hands_67

Hi all, my first post

Have read the entire thread and decided to do something about it:mad:

Have just posted this off to orange after logging a complaint with Ofcom.

"
Ref: Account no. xxxxxxxx - Request to terminate contract immediately without penalty.

Dear Sir/madam,

I have been notified by Orange that my monthly tariff is to increase by 4.34% from Jan 8th 2012. This is completely unacceptable to me at a difficult financial time for me and my family. We simply cannot absorb this extra cost from Orange. Therefore I am requesting that Orange allow me to terminate my contract without penalty, subject to any notice periods required.

I have registered a complaint with Ofcom (complaint no. 1193367682) and I fully intend to take this complaint to its ultimate conclusion through the complaints resolution procedure. If this means lodging a formal written complaint with CISAS, then I will not hesitate to do this if my request is denied by Orange

It is my right under Ofcom rules to end this contract early and without penalty if Orange change the contract to my material detriment. Ofcom rules state:-

“The Communications Provider shall:
(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber;
(b) allow its Subscribers to withdraw from their contract without penalty upon such notice; and
(c) at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.”

Unless Orange agrees to my termination request (penalty free) within 8 weeks, I will not hesitate to lodge a formal written complaint to CISAS on the grounds that you have changed my contract to my financial detriment and also failed to notify me of my right to cancel penalty free.

I know that Orange terms and conditions include a clause for allowing it to increase charges upto RPI, however, it is my legal right as a consumer (according to Ofcom rules) to be able to exit my contract without penalty, if that price increase is levied. Also, Orange is legally obliged to inform me of this right to exit penalty free, when such an increase in charges is announced. Orange has failed to inform me of this right and therefore, failed to comply with Ofcom rules.

I understand it is my legal right to have a response to my request from Orange within 8 weeks of receiving this letter. I am determined to see this through to the very end.

Yours faithfully,
"
We shall see what Orange decide to do. Will report back on reply. People, moaning alone will not stop them doing this. Actions speak louder than whingeing. Please, everybody, send a letter like mine to Orange. Send it to
Orange customer Services
PO Box 10
Patchway
Bristol
BS32 4BQ.

If enough of us do it, surely they will act.

p.s. I DESPISE corporate arrogance.

yermanevans

I hit the phone this morning,because I really am getting angry about this. Firstly I rang ofcom. They seemed to think under there general condition 9.6 if the rise causes material detriment, then there is an argument to cease the contract. The whole thing seems to turn around that phrase "material detriment". Then I spoke to Orange who frankly didnt seem to care what Ofcom said There argument went something like this. "inflation is up, so you should be paying more for your phone, there fore your not worse off by paying more for your phone, so no material detriment' To my way of thinking if I drop a penny in the street my material wealth is detrimentally damaged by 1p.
`
Then I spoke to Oranges ombudsman.

Send a recorded letter to
Complaints dept,
Orange PCS,
Compliance team
Astal house
Senhouse rd,
Darlington,
DL1 4YG.
Explain why you feel materially detrimental by the price rise & what you expect thorange todo ie release you from your contract, redress your payment & if they are not prepared to do that you want a CISAS (the ombudsman) dead l:Aock letter. If you get nowhere let the ombudsman sort it out. If we end up paying the extra money at least we tried. Bullys only win if you dont fight back

adriantingle

Hi everyone,

2 Points here, one of which is a question and one is the address for Orange complaints.

1) When I got my wife to switch to Orange in April this year (that's now 4 phones with Orange at our house) Orange kindly sent me a letter outlining all of the package details. It included the monthly amount payable, contract end date, exactly what minutes are included etc. etc. It basicallly included every financial element of their charges including 'fair usage' and costs of absolutely everything that was payable if we went over the allocated minutes/texts, 0800 numbers, 0845's and so on. IT DID NOT REFER TO THEIR ABILITY TO CHANGE THE CONTRACT PRICE. Now, having read the whole letter, there is a tiny bit of text (and I mean tiny-smaller than this but I can't get this any smaller) on the very end of the 4 page letter which says 'other terms apply'. It does not mention they can increase the cost, it just says 'other terms apply'. My question is this. Since Orange specifiy absolutely every other finacial aspect of the contract in clear, large print, on their confirmation of contract letter, can they justifiably hide such a sgnificant 'term & condition' in the such a devious way in the tiny print at the end, which requires the reader to log onto Orange web site and read page after page of detail. Surely, having set out all the other financial aspects of the contract so clearly, they are obliged to include (in a format equally as clear as the rest of the financial terms) the fact that they can change the price of the plan mid term. Most, if not all, would view this as an important part of the contract. Surely Ofcom would expect significant conditions like this to be clearly flagged up? Yes I can see it in the tiny T&C's but it is not an honest portayal of the contract. Any thoughts out there. Anyone asked Ofcom their thoughts?

2) I spoke to Orange this morning. Same response form the Philippines as others have had. However I did get the UK mailing address for customer complaints. I suggest everyone who feels strongly about this writes to Orange. I know it's only a relatively small amount of money but for some it is the principle of it all.
Address is:
Complaints, Orange
PO Box 10
Patchway
Bristol
BS32 4BQ

If you don't get a satisfactory response from Orange you could always involve Ofcom if you can spare the time.

Good luck
Ade:T

Dad2b

Just found this article. A couple of interesting tips.

Orange’s 4.3% price hike for pay monthly customers could be in breach of Ofcom regulations.

Angry customers have been told by Orange they cannot terminate their contracts in protest at the price rise, which was announced yesterday (28 November).

The operator insists it is within its rights to raise prices, pointing to its terms and conditions which state it can increase charges by up to the RPI figure, currently running at 5.4%, in any 12-month period.

However, Ofcom is advising customers to query Orange’s claim, directing them to its regulations which state that consumers can exit a contract without penalty, even if a provider states in its conditions that prices may rise during the contract.

These rules state: ‘Providers shall give subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment.

‘Providers must allow subscribers to withdraw from their contract without penalty upon such notice.’

However, any claims would hinge on the interpretation of ‘material detriment.’

An Orange spokeswoman said: 'This change is not of material detriment to our customers. Our pay monthly terms and conditions allow us to increase charges by up to the RPI figure in any 12 month period.

RPI for the last 12 months, as published by the government is 5.4% and we have increased prices by below this, at 4.34%. For example, a customer paying £15 a month, will see their monthly plan rise by 64p to £15.64 (incl VAT). A customer on a £20 a month plan will see a 86p increase to £20.86 (incl VAT) and so on.'

Peter McCarthy, a lawyer advising consumer watchdog Which?, said Orange’s T&Cs would stand unless it could be successfully challenged as ‘unfair’.

The Unfair Terms in Consumer Contracts Regulations 1999 says a clause is likely to be unfair if it allows ‘a seller […] to increase their price without [...] giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded’.

Which? Is advising consumers to challenge the hike via Orange’s complaint process or through the Alternative Dispute resolution procedure.

Other consumer groups, including online watchdog MoneySavingExpert.com, are advising customers to complain to Ofcom in the hope of creating a critical mass that would trigger an investigation, or make a complaint via CISAS, a free independent dispute resolution scheme.

In 2009 Orange was forced to make an embarrasing u-turn on another price hike after it faced a barrage of complaints from customers who had been told they could not cancel their contracts in response to the rises.

After ditching the planned price hikes the operator said it would ensure price changes ‘were clearer in future.’

Editor: Carol Millett

Daft_Punk

To the previous posters.

As Orange will allow to switch on to their current tariffs which are not increasing in price I would say you are not subject to Material detriment and therefore have no case.

But have fun with it.

PS I really think you are all over reacting way way to much. lol.

Human_Writes

Careful_hands_67 wrote: »

Unless Orange agrees to my termination request (penalty free) within 8 weeks, I will not hesitate to lodge a formal written complaint to CISAS on the grounds that you have changed my contract to my financial detriment and also failed to notify me of my right to cancel penalty free.

They will undoubtedly advise you that their business decisions are not subject to CISAS review and they will not provide a reference or will reject any claims they receive on this topic via CISAS.

From CISAS' website:

http://www.cisas.org.uk/InfoforCustomers-4_e.html

I have a complaint with a CISAS member, but they say I cannot use CISAS. Why?

If your complaint is about one of the following matters, CISAS cannot deal with it.....

• Business decisions a company has made on whether or not to provide a product or service, and the terms under which they will provide a product or service.

_TwistedNerve_

it makes me laugh when you say you will go to vodafone etc., do you not think the other networks will do this too?

vodafone upped their prices a couple of months ago and didn't make a song and dance about it, at least orange are honest with you

it's the same when people moan that they were "never told about the charge for delivery reports"... you were, you were just too lazy to look at the terms and the pay monthly price guide

get over it, and go and spend £3 on a coffee of which 2% of the price is for the coffee itself from starbucks and wonder how you waste so much money elsewhere...