MSE News: Orange to raise monthly mobile costs

robbies_gal

it would help yes if they called u when u run out and wot about magic numbers are any of them on orange?

CSales

writing my complaint letter now. Any quick tips?

Tim3822

gabbyevs wrote: »

it would help yes if they called u when u run out and wot about magic numbers are any of them on orange?

Nope my Mum is on Vodafone, my girlfriend is with Tesco mobile and my Dad is with O2 lol so Magic Numbers doesn't really do anything for me!

thischris1991

http://www.bitterwallet.com/cancel-your-orange-contract-official-statement-from-ofcom/16524 one i found whilst trawling the archives of forums and that. It is the statement released from OFCOM 2 years ago when orange did the same but with cal charges.

Ady87

Just called Orange.

She told me, they could drop me a tariff for my "Best Plan" (that i was told a week ago wouldnt suit me) then the girl did a "manual override" to get me reduced from £45 to £36.

I went from 1000mins, Unlimited Txts, 1GB Data to 300mins, Unlimited Txts, 1GB Data, suited me to the ground really.

I work for BT Retentions so was expecting something similar, was seething at the start of the call, can't argue now. No recontract involved.

daleski75

Is that £36 including the 4.3% rise too?

Mhadf

That bitterwallet link is quite out of date the General Conditions section is now 9.6 not 9.3

justtheticket

Why are Orange increasing prices???? when you call them they are knocking down the price you pay monthly to compensate for the 4.34% increase, i smell a rat here

I think they know they are in the wrong but rather than loose you as a customer (as you are entitled to leave as per ofcom 9.6) they are willing to reduce your monthly payment, there for they are looking to make money from the customers who dont complain totaly unfair and if i could leave then leave i will, reducing my monthly fee will make no difference to me

i think its appalling that they are treating there customers in this manor,

Mhadf

Better Example than the first one I posted.

I know there is lots of quoting in there, but after the cut and paste response from my initial attempt that had hyperlinks I figured putting them in would stop them coming up with an excuse not to see them.

The cancellation request and other parts (4.3.1 legallity) that I have repeated twice are on purpose. It works without them, but there is no way that they can claim that they misunderstood then and I'm sick of them looking for the smallest excuses.

Still not 100% happy with it, but I feel it's a huge improvement on the first one.

Feel free to criticise.

Mhadf

Dear Orange,


I wish to cancel my contracts under account XXXXXXXX with yourselves under section 9.6(b) of OFCOMs General conditions as I will suffer material detriment due to your price rise. However I am having difficulty with Customer Services understanding current English Law and legislation. I have therefore written the details of relevant English law below and repeated my cancellation requestat the bottom.


OFCOM General Conditions states that
“9.6 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.”
This is granted under the Communication Act 2003 48(1) and is therefore a legal requirement under UK law. By increasing the price mid-contract you are causing material detriment (More money for the same service). And as such I am allowed to cancel my contract without penalty.


With regards to Oranges term 4.3.1 which I understand is illegal under current English law.

The Unfair Terms in Consumer Contract Regulation 1999 (UTCCR) regulation 5 regarding unfair terms states
“(1) 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.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.”


In looking at Good faith within a contract and relating to UTCCR Lord Bingham in Oft v Ashbourne [2011] EWHC 1237 (Ch) stated that
"The requirement of good faith in this context is one of fair and open dealing. Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Appropriate prominence should be given to terms which might operate disadvantageously to the customer. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 to the Regulations. Good faith in this context is not an artificial or technical concept;”
it also states that Good Faith implies open and honest dealing. Lord Mansfield championed Good faith in the UTCCR and states it as “looks to good standards of commercial morality and practice.”


As term 4.3.1 is both disadvantageous to me as a consumer and was also not given due prominence within the contract or mentioned at point of sale, even in passing. And as the contract was signed on good faith. I understand it is not legal as defined by the UTCCR and its interpretation in the Judgement [2011] EWHC 1237 (Ch) above.
These are English Laws and Judgements based on those laws.




With the above information provided to yourselves (Orange) and as Orange are putting up prices mid-contract by £X.XX per month I am stating my right to withdraw from the contracts on account XXXXXXXX without penalty as laid down by OFCOM general conditions 9.6(b) as I will suffer material detriment under the price increase. If there are any legal reasons why you cannot cancel my contract without penalty under Current English law then please have a member of your team that understands English law contact me at EMAIL ADDRESS, by phone XXXXX XXXXXX. Or write to me at HOME ADDRESS.


Regards,

Ady87

daleski75 wrote: »

Is that £36 including the 4.3% rise too?

Yes, first question i asked. Not subject to any changes that they know about within the next 12 months.