Orange said ive no 14 day cancellation? Advice PLEASE

laurajayne33

Can anyone please help. Ive been with Orange for years and recently upgraded to the iphone 5 on a new 2 year contract. However after a couple of days I sent it back to save money and decided to keep my old phone and ask for a sim only deal. The guy I spoke to made out that I was getting an excellent deal with customer loyalty discount for £15.50 per month (supposed to be £20.50 so he said)
I went for it as I was going to be paying £45 per month had I kep the iphone 5.
£ days after agreeing I spoke with Virgin mobile regarding a contract I have for my sosns phone and they asked about my own, whos it with, what do I get for my money etc. The guy at Virgin couldnt believe their cheek and told me I could go on sim only with them. It would be £7.50! for double the minutes, unlimited texts and double internet usage!
I rang Orange back and said I want to cancel and can I have the PUK code? They wont give it to me unless I pay £220 cancellation charge as they said I cant cancel as they havent sold me anything!! I dont have 14 days as its not a new contract its just a new tarrif on my other contract!!! he went on about the sale of goods act and as I havent recieved a new phone or a new simm I have nothing to cancel!!! Im stuck. Surely there must be something I can do? I feel Ive been conned as all this wasnt explained to me when I spoke to the bloke about simm only deals! Please advise if you can

Silk

They are correct I'm afraid.

It's an upgraded contract you took out so it's just a continuation of the original contract same number etc etc

As such it's not a new contract covered by DSR's as all you have done is renew your contract at a better rate

Herongull

Assuming you agreed the new contract sim only contract by phone, this is covered by distance selling regulations.

This means you have 7 days in which to cancel.

The sim only contract is a service, but the distance selling regs do cover services as well as goods.

However if you agree to the service starting immediately, then you lose the 7 day cooling off period (but they have to make this clear in the fine print that you are waiving your right to the 7 day cooling off period).

So is there something in the fine print, that says that when you start using the new contract, you've waived your cooling off period under the DSRs? I think this how some/many mobile companies get around them.

laurajayne33

I recieved nothing through the post. It was all discussed over the phone but at no point was I told I had no time to change my mind. I feel ripped off. Im over the 7 days now, it would be 14 days this thursday. Thanks for your replies

visidigi

Its an upgrade, no cooling off period applies as the service starts from the point you verbally accept.

laurajayne33

Surely this should be explained fully at the time then? Nothing at all was said which was why I assumed Id just be able to end it especially after I found out that even by moving to another company as a New customer they could do so much better than the 10 year loyalty discount Ive been offered by orange. So frustrated :mad:

Silk

laurajayne33 wrote: »

Surely this should be explained fully at the time then? Nothing at all was said which was why I assumed Id just be able to end it especially after I found out that even by moving to another company as a New customer they could do so much better than the 10 year loyalty discount Ive been offered by orange. So frustrated :mad:

The problem is, unlike the first occasion, there is no new product as you already had an airtime contract with them so you knew what to expect and nothing had changed other than the price.

Sorry to say but it's a lesson to learn that you should do research first before you buy anything to avoid being dissapointed later

visidigi

Why should the company be punished for you not researching it before committing?

Businesses are in the business of selling, until you found out about the VM offer you were ore than happy with what you had.

It's, fortunately, in the grand scheme of things, not the most expensive lesson learned, but at least you won't make the same mistake again...

Herongull

No, they often don't make it crystal clear that you are waiving your rights by agreeing to the service starting immediately.

But it will be in the fine print somewhere otherwise the waiving won't be valid. Did they send you an email or a message in your orange account perhaps with a link to the web T&Cs?

laurajayne33

Silk wrote: »

The problem is, unlike the first occasion, there is no new product as you already had an airtime contract with them so you knew what to expect and nothing had changed other than the price.

Sorry to say but it's a lesson to learn that you should do research first before you buy anything to avoid being dissapointed later

Thats exactly what I said to the bloke. I just thought as it wasnt explained that i had no get out that it was like everything else with the sale of anything. Had that have been explained Id never have done it.
But youre right, Thanks again

laurajayne33

visidigi wrote: »

Why should the company be punished for you not researching it before committing?

Businesses are in the business of selling, until you found out about the VM offer you were ore than happy with what you had.

It's, fortunately, in the grand scheme of things, not the most expensive lesson learned, but at least you won't make the same mistake again...

Very true, Thanks again