Orange change of term and conditions as of yesterday !

grumbler

Now it is in some "T&C". Is it still a 'gesture'?

diamonds

Any change of anything can be constituted as "detrimental" to the contract terms.

gjchester

diamonds wrote: »

Any change of anything can be constituted as "detrimental" to the contract terms.

Not all changes are deemed detrimental, look at the recent price increase... However the OP certainly took a contract out with Orange and no doubt had some sales pitch but what was the content?

Without anything written down it's difficult, If this was done as part of a sales pitch then it may be that it could be considered the OP's word against the salesman. If it's not written down how can you show the early upgrade option was (or was not) part of the contract offer and how could you show that was an inducement to the OP that made theym choose orange.

Meterial detriment is harder to call. It would be hard to say the OP has suffered and significant detriment because he has to wait an extra 45 days to upgrade a phone.

Guys_Dad

You need to look at the positive side of this.

Now, if it is correct that the new early upgrade has gone down from 90 days to 45 but no add on to your existing contract, then this can be a good thing.

90-day early upgrade:-
First time early upgrade - upgrade after 21 months, sure, but contract 2 and onwards, your 90 day "early" upgrade would actually be 24 months into your 27 month early upgrade contract.

45-day early upgrade:-
First year and all subsequent contracts could be upgraded after 22.5 months.

Seems the second is the better option for "must have" early upgraders.

bexray

I ordered and paid a £20 deposit for my upgrade before they changed the rules, and since the salesperson only gave me a receipt with no details on it, I got him to write down the name and type of phone, date and his signature. I don't want to get that chap into any trouble - but doesn't that paper, plus the receipt, and the verbal agreement from Orange (by way of my pre-ordering it) mean it is a contract?

gjchester

bexray wrote: »

I ordered and paid a £20 deposit for my upgrade before they changed the rules, and since the salesperson only gave me a receipt with no details on it, I got him to write down the name and type of phone, date and his signature. I don't want to get that chap into any trouble - but doesn't that paper, plus the receipt, and the verbal agreement from Orange (by way of my pre-ordering it) mean it is a contract?

It does. However do you have anything that would coroborate the conversation? How can you prove you asked about the early upgrade and what answer you got?


Verbal contracts are just as legally binding as written ones, but going back and proving what was said (memories fade, people forget, mix bits up and the salesperson probably saw a few people in any one day and may not remember any individual conversations) is another matter.

Buzby

However, it is not unknown for a salesman to over-reach his promises and the network refuse to honour the 'deal' based on the incompetence (!) of the staff member. I'm aware of quite a few arrangements that were modified because the Salesperson misunderstood he offer he was to promote.

bexray

Since the salesperson was fairly representing the offer as it stood, I have a written note of the make and model of phone I ordered, and a receipt to prove I paid a deposit - I think I would stand a good chance. But by the time I arrange it I would probably be eligible for an upgrade anyway. Plus then I'd be stuck with Orange!

I have been with Orange for 12 years, partially because they had good customer service. Whoever made this decision is a fool. If they had given their sales staff and customers 6 weeks notice, it wouldn't have been half as bad. I will certainly be switching networks. Orange are awful.

drbesty

The change was probably forced by Ofcoms stipulation that mobile networks can't offer contracts over 24 months in length, with the early upgrade offer people ended up having a 27 month contract

Tony5101

drbesty wrote: »

The change was probably forced by Ofcoms stipulation that mobile networks can't offer contracts over 24 months in length, with the early upgrade offer people ended up having a 27 month contract

This could actually be the correct assumption, as I learnt from the Orange page on Facebook yesterday that upgrades done within the new 45 day window do not have any additional time added to the end of the term. So your new commitment starts from the point of upgrade, and 18 or 24 months will actually be a new 18 or 24 months min. term.