Orange don't keep their promises

Nick_C

Really disappointed with Orange.

I've been with them for more than 12 years on monthly contracts, and my total bills for the last 12 months came to £450.

I got a Motorola Atrix with a new two year contract in May last year. This week, it has developed a fault with the touch screen. The top third of the screen no longer recognises touches, making the phone virtually unusable. I've searched the web, and this is a common fault with this phone. I have not dropped my phone, and it has not suffered any shock.

I called Orange yesterday, and after some negotiation they agreed to let me have a brand new replacement Motorola Atrix for £71. When we got to booking a delivery, they offered myetime slots for today, but I can't accept delivery until Friday. They told me to phone back today to book for a Friday delivery.

When I phoned back this morning, they refused to honour the deal they had agreed yesterday. They wanted to charge me £170 for a reconditioned Motorola Atrix. They said they had no note of the deal I was offered yesterday, and it was my word against their's! I said they surely recorded the phone call, she said they only record a small percentage for training purposes.

So I am buying a new unlocked phone from Amazon, and when my contract runs our I will be cancelling it and moving to PAYG - probably with anyone other than Orange. At least I will have proper consumer rights with my new phone if anything goes wrong. Orange get round the Consumer Credit Acts by saying they give you the phone for free, and all you pay for is the service (calls and data).

I had also contacted Motorola to see about a repair, but they told me to send the phone to their repair centre and they would give me a quote once they had inspected it. I just can't afford to be without a phone while they do that.

If Orange ever offer you a fair deal on anything, grab it while you can, as they don't keep their promises.

NFH

Why did you agree to pay for a replacement when the defective phone was still so new? Orange are liable under Section 18(3)(e) of the Supply of Goods and Services Act 1982 and you should request a free repair or replacement under Section 11N of the same. Section 5 of the Limitation Act 1980 gives you up to six years to bring an action against a supplier for breach of contract. A manufacturer's warranty with a shorter period does not override this.

Guys_Dad

The "life" of a mobile handset is a very grey area. It isn't defined under law and what is reasonable to one person isn't necessarily to another.

During the first 6 months, it is assumed that any fault is a manufacturing fault, unless the vendor can prove otherwise. After 6 months, the boot is on the other foot.

Now you have to prove it wasn't your fault that there is a problem and that is done by asking a repairer to see what was the damage. The vendor is hardly an uninterested party and you might be surprised how many handsets are the result of water damage - at least according to vendors' repair centres.

First step, surely, is getting them to examine the handset. You might also ring CS again and see if the next guy offers you the first deal.

Good luck, whatever.

Nick_C

Orange claim that the phone was a gift, I have not bought it, and it is not part of my contract with them. This is why I have decided, after 12 years, to switch from a monthly contract to PAYG as soon as my contract is up. There is no point in signing a contract that lasts longer than the "free" phone that they give you.

If the phone I buy (from Amazon) goes wrong within 2 years, then I will claim against them as they have a clear duty to sell me something of merchantable quality that will last for a reasonable period of time.

simax

Guys_Dad wrote: »

The "life" of a mobile handset is a very grey area. It isn't defined under law and what is reasonable to one person isn't necessarily to another.

During the first 6 months, it is assumed that any fault is a manufacturing fault, unless the vendor can prove otherwise. After 6 months, the boot is on the other foot.

Now you have to prove it wasn't your fault that there is a problem and that is done by asking a repairer to see what was the damage. The vendor is hardly an uninterested party and you might be surprised how many handsets are the result of water damage - at least according to vendors' repair centres.

First step, surely, is getting them to examine the handset. You might also ring CS again and see if the next guy offers you the first deal.

Good luck, whatever.

Sale of Goods Act covers inherent faults for up to 6 years, however after first 6 months it is up to the customer to prove the goods were faulty upon purchase. If the fault develops after purchase, then those provisions of the Sale of Goods Act do not apply and the standard manufacturers warranty applies.

Guys_Dad

Nick_C wrote: »

Orange claim that the phone was a gift, I have not bought it, and it is not part of my contract with them.

This is obviously the misinformed opinion of an Orange CS guy and not correct. Orange themselves as a company would not try to adhere to that view.

NFH

Nick_C wrote: »

Orange claim that the phone was a gift, I have not bought it, and it is not part of my contract with them.

The handset was not a gift, and if Orange claim that it is a gift, then they are in breach of Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. Whoever you spoke to at Orange was making this up as they went along and you should report them to their supervisor, as they need retraining. The supply of the handset is governed by the Supply of Goods and Services Act 1982. Although there are separate contracts for the supply of the handset and the service, the two are interdependent. The price of the handset was dependent on the price of the service and vice-versa.

simax wrote: »

Sale of Goods Act covers inherent faults for up to 6 years, however after first 6 months it is up to the customer to prove the goods were faulty upon purchase. If the fault develops after purchase, then those provisions of the Sale of Goods Act do not apply and the standard manufacturers warranty applies.

Incorrect. The Sale of Goods Act does not apply in this case because the goods were supplied in conjunction with a service and on condition of purchase of the service. As I have already said above, the supply of the goods is governed by the Supply of Goods and Services Act 1982. In accordance with Section 11M(3), if a fault develops after six months, then if the supplier disputes the cause of the defect, then the onus is on the consumer to prove the cause. The consumer's statutory rights are separate from the warranty and the warranty does not affect them. Therefore if the warranty has expired, the consumer's statutory rights remain valid for up to six years after purchase in accordance with Section 5 of the Limitation Act 1980.