Can contracts be reinstated?

Scarpa

I’m hoping someone might be able to help me with a ratherdistressing problem I’m currently having with Orange. The problem goes back to February last yearwhen I held a pay monthly contract with them. I decided to cancel the contract because I was travelling abroad for 6months so a week before I left I called them to advise and also sent a letterto confirm and never used the phone again. This was all my contract said wasrequired. Whilst on the phone to thecustomer service person I said that I would like a PAYG sim which I planned touse whilst abroad as an emergency phone however this SIM did not arrive beforeI left the country. I returned to thecountry 6 months later to receive a letter from a debt collection agency sayingI owed £90 to Orange. After manyconversations with Orange and the debt collection agency I discovered this wasbecause I did not put the PAYG sim in the phone and Orange’s procedure was toreinstate the pay monthly contract. Irefused to pay because I thought it was ridiculous as it was not in mycontract, the PAYG had no relevance on my pay monthly contract and I was notpaying for a service I had not used. Eventually the debt collection agency passed the case back to Orange andI heard no more. This was until a fewmonths later when I received a letter from my credit card company reducing mycredit limit because of changes to my credit rating. I then checked my credit rating and found Orangehad tarnished what was once a good rating. I have tried to contact Orange but they have the most appalling customerservice I have ever experienced. I neverreceive replies to emails, letters or complaints, when I call it say’s please call backlater and when I do get to speak to someone they just pass me to differentdepartments. I tried emailing the chiefexecutive office but they are just as awful.

I am now at the end of my tether and worried that I willhave this on my credit rating for 6 years when I don’t deserve it. Is there any way I can get this off or am Iactually in the wrong and owe Orange this money? I can’t believe I do as it appears crazy acompany can reinstate a contract and also do something that is not in acontract.

grumbler

What you describe is not a news. It's a known dirty trick that Orange keep using to rob their leaving customers. You are right that there is no anything in the contract allowing them to do this.
The only way to have this sorted is to keep complaining. Forget about the telephone CS. Complain in writing. After exhausting the internal procedure complain to the ombudsman (ADR). Ultimately you can even sue Orange via the small claims court and IMO they don't have a leg to stand on.
While doing the above you can try complaining directly to Orange (or EE?) executive office. Search the board for their phone number and e-mail address.

d123

Scarpa wrote: »

I’m hoping someone might be able to help me with a rather distressing problem I’m currently having with Orange.

The problem goes back to February last year when I held a pay monthly contract with them. I decided to cancel the contract because I was travelling abroad for 6 months so a week before I left I called them to advise and also sent a letter to confirm and never used the phone again. This was all my contract said was required.

Whilst on the phone to the customer service person I said that I would like a PAYG sim which I planned to use whilst abroad as an emergency phone however this SIM did not arrive beforeI left the country.

I returned to thecountry 6 months later to receive a letter from a debt collection agency sayingI owed £90 to Orange.

After many conversations with Orange and the debt collection agency I discovered this was because I did not put the PAYG sim in the phone and Orange’s procedure was to reinstate the pay monthly contract. I refused to pay because I thought it was ridiculous as it was not in my contract, the PAYG had no relevance on my pay monthly contract and I was not paying for a service I had not used.

Eventually the debt collection agency passed the case back to Orange and I heard no more. This was until a few months later when I received a letter from my credit card company reducing my credit limit because of changes to my credit rating.

I then checked my credit rating and found Orange had tarnished what was once a good rating. I have tried to contact Orange but they have the most appalling customer service I have ever experienced. I never receive replies to emails, letters or complaints, when I call it say’s please call back later and when I do get to speak to someone they just pass me to different departments.

I tried emailing the chiefexecutive office but they are just as awful.

I am now at the end of my tether and worried that I will have this on my credit rating for 6 years when I don’t deserve it.

Is there any way I can get this off or am I actually in the wrong and owe Orange this money? I can’t believe I do as it appears crazy acompany can reinstate a contract and also do something that is not in a contract.

I have tried to make your text more readable with a normal font, and paragraphs (you also seem to have a sticking space key).

Could you clarify 2 things.

Have you actually written to Orange?

Do you have proof of the original cancellation request?

grumbler

I think that the fact that the contract would have been cancelled as soon as the PAYG sim card was activated is a sufficient proof of the cancellation.

Obviously, the OP that was leaving the country would have rejected the PAYG sim if they were explained properly that failure to activate it would result in the voided cancellation.

diamonds

Call Ofcom & register a complaint, obtain Ofcom Ref number.
Now email that ref & complaint consising of PAy Monthly contract terms & conditions do not state the transfer to payg terms & you were not informed fully of the process or outcome & you have found yourself in as Orange FAILED to explain the process in any format.

Send to [EMAIL="executive.office@everythingeverywhere.com"]executive.office@everythingeverywhere.com[/EMAIL] stipulating the [EMAIL="customer.services@orange.co.uk"]customer.services@orange.co.uk[/EMAIL] is out of use in a reply email they sent you back, but stipulated in Orange's Complaints Code of Conduct.



http://www1.orange.co.uk/documents/about/Orange-complaints-code-20110118.pdf

http://www1.orange.co.uk/documents/about/Orange-complaints-code-20121003.pdf

Nice to see 2 OFFICIAL Orange Complaint Code of Conduct documents Orange ! the latest is the top link which can only be found via Google !!! not from the page that links to the second document.

http://www1.orange.co.uk/about/regulatory_affairs.html

:eek:

robbies_gal

do u mean u were at the end of your ontract when you phoned to cancel?

Scarpa

Thanks very much for your comments and advice so far and sorry I have not replied sooner.

I'm glad the consensus appears to be that I'm not liable for this debt and Orange are being unreasonable. Like I said I am finding this all very distressing and effect on my credit rating could not come at a worse time.

Just to clarify a couple of things you asked...

I have a copy of the original letter I sent to Orange to cancel the contract and also the name of the advisor and date I called. Orange are not disputing I cancelled the contract though.

I have not sent a hand letter to Orange but numerous emails to the customer service department before they stopped excepting emails. I received a response to say they forwarded it to the correct area but I heard no more and never received any acknowledgement for my complaint. I emailed the executive office who fobbed me off each time saying they could not help me and then fobbed me off to [EMAIL="creditfilequery@orange.com"]creditfilequery@orange.com[/EMAIL]

It was a pay monthly contract so according to the contract you can cancel anytime with a months notice. After they reinstated it because I didn't register the PAYG sim they kept it running for a further 2 months which is the balance that's in question.

Thanks Grumbler and Diamond for your suggestions, I guess this is the painful route I now need to go down.

robbies_gal

but were u at the end of the minimum term