Orange change of term and conditions as of yesterday !

OIBOY_2

Hi all

Firstly be gentle with me I ma new here today but the advice etc I have often read over the years is always good so here goes!

I have a mobile phone (infact I have 4) on apay monthly package with Orange. Having checked my accounts a few weeks ago I was pleased to see that I was eligible to upgrade one of the handsets on 7th June as per the renew/upgrade 90 days before the end of the contract date, however I have otday found out that yesterday Orange changed this to 40 days beofre the end of the cotnract meaning that I have t wait until August to upgrade the phone. One of the orginal reasons for opting for Orange was the 90 day condition but now they have just changed that without contacting any customers. Where do I stand in regards stopping my contracts now as this is a breach of contract t&c surely ? I can get a better deal elsewhere. You cant get thorugh to Orange to disucss as the lines are constantly engaged, I ownder why ! any help or advice greatly recieved

Cheers

grumbler

Orange changing early upgrade period....
vodaphone upgrade constantly moving target
Vodafone changed contract terms? (early upgrades)
Vodafone - Changing upgrade eligibility.

gjchester

OIBOY wrote: »

One of the orginal reasons for opting for Orange was the 90 day condition but now they have just changed that without contacting any customers. Where do I stand in regards stopping my contracts now as this is a breach of contract t&c surely ?

If your contract states you can upgrade 90 days early you have a case. If (as most upgrades are) it was down to company goodwill then you have to wait it out.

Generally early updates are not good value, they know they can offer so-so phones and you can't leave without penalty. They also tend to tack the months on the end of your new contract so a 18 month contract becomes 21 months and a 24 month contract becomes 27 months.

simax

The ability to upgrade early has never been written into Orange's Terms and Conditions. It has always been a goodwill gesture and can be amended or withdrawn at any time.

The new rule is you can upgrade with no upgrade fee in the last 45 days however you will now no longer have to carry over any remaining days on your old contract, which personally I think is better...... doesn't hep the OP unfortunately however no wrongdoing has been committed.

OIBOY_2

Cut and pasted from the Orange website

when can I upgrade my phone?


You can upgrade your phone when you're in the final 90 days of your contract, and choose a great new phone from our pay monthly range You'll be able to select a new monthly plan at the same time.
If you upgrade your phone before the end of your current contract, we'll add the days remaining on to the end of your new contract.




Surely this is a binding term and condition ? :T

simax

No, it isn't. That's an offer. It's not written into the legal T+C's.

OIBOY_2

Strange how a visit to the Orange website a few minutes ago the 45 day "upgrade" IS now part of the terms and conditons ... a very very sneaky act on behalf of Orange. Shockingly enough I cant find the T&C that is has replaced.... surely thats not right !

grumbler

It's the new separate T&C that have not replaced anything. Your original T&C are "the network terms and conditions for pay monthly customers - effective from 15 February 2011" - or similar if your contract started earlier.

I am no expert, but IMO the new "pay monthly Early Upgrade terms and conditions" are not binding either as long as the main T&C don't refer to them.

diamonds

It's a removal of service anyone could have chosen as apart of the selection of Orange as their provider over the contract term and 30 days notice of ANY change is required to existing customers as a amendment to term and or services, the new "seperate" terms are only able to be enforced on new customers & thus new customers *should* get copies of it...but then orange rarely do that, bl*ody French !

gjchester

diamonds wrote: »

It's a removal of service anyone could have chosen as apart of the selection of Orange as their provider over the contract term and 30 days notice of ANY change is required to existing customers as a amendment to term and or services

The problem is how do you prove it..

All you can ever prove is what would be in the contract or written down, Verbal contracts carry the same weight as written ones but are harder to prove.

Upgrades have never been stated part of any contract I've had, so anything thats not written down at the time would be almost impossible to prove 21month later. Especvially as it's NOT part of the T&C, if a company changes a goodwill gesture then unfortunatly theres not a lot you can do about it.

drbesty

It's a goodwill gesture, not a given right, it's not in the T&Cs and can be changed at anytime