Orange 'Free' Broadband

Eva49

Will_B_Back wrote: »

If anyone has better knowledge, and would like to share, then please do so.
Maybe Orange would like to see the back of you. And thereby hangs a tale.

Will.

I am sure that is true;)

Will_B_Back

If my memory serves me right, the stock answer from CISAS, was that they could not arbitrate, because it was a "business decision".

Maybe, like Orange, CISAS, has had second thoughts.

Please feel free to correct me if I am wrong

Will

robaurdu

I had a call from orange today stating that my free broadband would be coming to an end in late november. I told them that as far as I was aware, I had free broadband for life as long as I remained in contract( which was reduced in cost for life, inc free broadband after whinging to them some time ago). I was told that I needed to take out their line rental. Told them they were in breach of contract, as this was never mentioned before, and that I would like written notification, and projected costs, as I could possibly get a better combined deal elsewhere. As I've only recently upgraded my phone, I'm tied in for another 15 months !

Mauls

Will_B_Back wrote: »

If my memory serves me right, the stock answer from CISAS, was that they could not arbitrate, because it was a "business decision".

Maybe, like Orange, CISAS, has had second thoughts.

Please feel free to correct me if I am wrong

Will

Yes, I understand that Ofcom had some discussion with CISAS. Then Orange immediately agreed to re-instate my broadband, so it wasn't necessary to proceed, but CISAS did agree to take the case.

That was weeks ago, but I have a further complaint in process with Orange relating to way they handled the affair up to that point; if that is not resolved to my satisfaction, with a suitable compensation offer, I will take that one to CISAS too.

In summary, I wasn't happy to just be given back what I was always entitled to - Orange caused a considerable amount of bother with the withdrawal, and then compounded it with the way they acted.

That is something that is well worth pursuing for some proper compensation.

Mauls

robaurdu wrote: »

I had a call from orange today stating that my free broadband would be coming to an end in late november. I told them that as far as I was aware, I had free broadband for life as long as I remained in contract( which was reduced in cost for life, inc free broadband after whinging to them some time ago). I was told that I needed to take out their line rental. Told them they were in breach of contract, as this was never mentioned before, and that I would like written notification, and projected costs, as I could possibly get a better combined deal elsewhere. As I've only recently upgraded my phone, I'm tied in for another 15 months !

In terms of the 'for life' aspect, the problem is that historically the courts have generally viewed those sorts of claims as marketing fluff; it lacks sufficient substance in itself. There'd need to be some additional detail to suggest that they actually literally meant for the rest of the purchaser's natural life.

In terms of this offer, it was always a clear condition that it was whilst a qualifying mobile contract was held. A few years back, Orange's home broadband team did admit to me that weren't very good at monitoring whether a mobile contract was still held - that it wasn't automatic for the broadband to cease straight away.

I didn't cancel mine, so I can't verify that though.

However, it does mean that at the end of the mobile contract, Orange can easily dispense with the 'for life' broadband by refusing to permit it to be transferred to a new 'qualifying' mobile contract - just by using existing conditions that have been there from day 1.

So the most that can be insisted upon is the retention of the inclusive home broadband until the end of the fixed term of the current mobile contract.

Of course, further extensions could be requested, but you might not get!

Will_B_Back

Hi Mauls

Agree with what you say, but compensation, if that is what you seek, is only attainable if you can PROVE Misselling. Most of the stalwarts on this forum, realise this. However I get the feeling that their satisfaction will be obtaining JUSTICE.

And helping others along the way

Former_MSE_Guy

"Orange has partly reversed a decision to cull totally free broadband for thousands of mobile customers ..."

Read the full story:

Orange makes partial U-turn over free broadband axe

Eva49

Mauls wrote: »

Yes, I understand that Ofcom had some discussion with CISAS. Then Orange immediately agreed to re-instate my broadband, so it wasn't necessary to proceed, but CISAS did agree to take the case.
That is something that is well worth pursuing for some proper compensation.

Interesting, you were able to obtain that information other members have been unable to obtain it under the FOI Act

As I said - not rocket science really when Orange are obliged to fund every case handled by CISAS

Compensation is another matter - most people just wanted what they were promised when renewing their mobile contracts - Free BB or penalty free release - and those that were forced to instigate court action negotiated their own compensation via Exec Office - but that was before the U-Turn

diamonds

Mauls wrote: »

They have a 8 week window in which to resolve before it can be advanced to CISAS……..note: this case cannot be advanced to arbitration (CISAS) as it is deemed a ‘business decision’.



We would expect Orange to deal sympathetically with these complaints, including providing information about access to CISAS who is a free and independent service for unresolved disputes.

While Orange withdrawing the free broadband cannot be prevented by CISAS, they should be able to consider a complaint about whether mis-selling incurred or the level of customer service received when making a complaint to Orange. The decision CISAS makes on a customer’s complaint must be kept to by Orange. However, a customer can reject CISAS’ decision and are free to consider legal action. CISAS can be contacted at:

Eva, your guide isn't correct regarding CISAS. They should take the complaint, as noted in Ofcom's letter to you.

I have spoken to Ofcom about this, and they say that whilst the 'business decision' to no longer offer free broadband cannot be taken to CISAS, any complaint about misselling of a mobile contract in relation to it, or the way in which Orange have handled complaints or spoken to you most definately CAN be taken to CISAS.

If you are told otherwise, Ofcom have said they would like to hear about it.

Incidentally, failures in the Alternative Dispute Resolution (ADR) process are a matter for Ofcom to deal with directly (because the existance of ADR is how Ofcom are able to push aside all consumer complaints). To complain about how Ofcom are dealing with a matter within their direct remit, i.e. not your individual direct Orange complaint, you should tell whomever your contact at Ofcom is that you wish to lodge a formal complaint. If they do not respond satisfactorily, then you should escalate to [EMAIL="graham.howell@ofcom.org.uk"]graham.howell@ofcom.org.uk[/EMAIL] - Graham Howell is the Director and Secretary to Ofcom, and is responsible for dealing with complaints about the organisation itself. That response can itself be escalated to the Parliamentary Ombudsman (who is contacted via your MP).

Incidentally, has anybody been given details on CISAS by Orange?

Also, those reporting getting told 'inaccurate' things by Orange Customer Service when trying to resolve the matter. Orange are currently using this process to try to sell fixed-line telephone contracts (line rental for landlines). Therefore any misleading or deceptive things they say are a breach of Ofcom Condition 24.3 - in other words, it is a further case of mis-selling, this time of a fixed-line service. Ask for the name of the representative, note the time of the call, and report it to Ofcom.

CISAS is a private company not a statutory body, they can refuse ANY complaint against its "funders" - the Ofcom licensed telecoms companies.

Mauls

diamonds wrote: »

CISAS is a private company not a statutory body, they can refuse ANY complaint against its "funders" - the Ofcom licensed telecoms companies.

CISAS is an Ofcom approved Alternative Dispute Resolution body. Orange are required to arbitrate consumer complaints through an Ofcom approved ADR body.

If CISAS do not comply with the rules and act independently then they can be sanctioned by Ofcom.

As for Ofcom's discussions with Orange - I do not have the detail of them via Freedom of Information, I had a constructive discussion with Ofcom, and one of the results was they later told me they had had discussions with CISAS and resolved the 'misunderstanding'.

Finally, compensation is available for any circumstances where a the mobile phone provider has not treated its customer properly, and therefore if anyone had a nightmare of trying to get this resolved via Orange that is sufficient grounds to claim. That is quite separate to the misselling.