You can cancel your Orange contract!

DamePeggy

powerful_Rogue wrote: »

Submitted claim to CISAS last night for the missus. Just got to sit and wait now! Amazing how difficult it it to condense these things down into 750 words!

Good luck! As long as you accompany it with sufficient evidence to counter EE's defences then I think you can keep it reasonably simple.

For anyone else interested, this evidence should include:

• Copies of all correspondence you've had with Orange/EE.
• At least some statement of the contents of calls you've made to their call centres.
• Copy of the V14 (pre-October) terms.
• Copy of the V15 terms (so you can show how EE have changed clause 4.3.1).

For good measure, i also included a copy of the 'Success emails' document from https://www.tomforth.co.uk/orange' to show that Orange have been allowing people to cancel on the basis of Clause 4.3.1 and so realise it's iffy.
I also stated that the V14A terms aren't available on their website and there was plenty of evidence that other people were being given the wrong terms too (I included a link to this thread and tomforth.co.uk/orange just in case).

ryan92

I have followed your advice RC and emailled Orange regarding the rise being higher than what the CSO would allow due to lack of statistics.

Have now received an automated email saying it has been received. How long do they normally take to respond?

nsabournemouth

The guy I'm on the phone to says the terms haven't changed although he can see they aren't worded the same?

He is also saying that Orange can change their terms as and when they want!

RandomCurve

ryan92 wrote: »

I have followed your advice RC and emailled Orange regarding the rise being higher than what the CSO would allow due to lack of statistics.

Have now received an automated email saying it has been received. How long do they normally take to respond?

I think they try and turn things round in 7 days, chase them up again if you have not heard anything by then. If Orange are too slow you can claim compensation for them not responding promptly anyway so I would not worry to much if they take their time

RandomCurve

powerful_Rogue wrote: »

Submitted claim to CISAS last night for the missus. Just got to sit and wait now! Amazing how difficult it it to condense these things down into 750 words!

I did that with my TM claim but then I realised you could do your claim as follows and put all the detail in the Appendices :


My Orange claim in it entirety just 179 words:

Further tothe price rise letter received from Orange on around the 4th March Ihave requested termination of my contract on a penalty free basis from Orange.My claim is on two separate points:

1. Clause4.3 and 4.3.1 where Orange has imposed a price rise in excess of that whichtriggers my right to a penalty free termination.

a. Pleaserefer to:

i. Appendix1 – Full basis of breach of clause 4.3 and 4.3.1claim

ii. Appendix2 – Contract

iii. Appendix3 – Price Rise Letter

iv. Appendix4 – Correspondence

v. Appendix5 – Compensation calculation.

2. At thetime of sale Orange breached the OFTguidance 12.4, relating to price variation clauses, in that the price rise term was not clearly and adequately drawn tomy attention, and in fact I was deliberately mis lead by Orange in to believingthe price was fixed.

i. Appendix6 – Full basis of non-compliance with OFT guidance claim

ii. Appendix2 – Contract

iii. Appendix3 – Price Rise Letter

iv. Appendix7 – Welcome letter

v. Appendix8 – Correspondence

vi. Appendix5 – Compensation calculation

powerful_Rogue

Ah clever thinking.

I tried to touch on everything in my 750 words, knowing Orange will defend it meaning I can go into more detail in my comments - if that makes sense!

nsabournemouth

If you got your contract from a shop they may have underlined or put an x next to certain parts such as the tariff, phone number etc it may have voided the contract anyway, so I have been told.

ryan92

Received a read receipt from the Executive Office today,but they have yet to respond. Hopefully something in the next few days.

RandomCurve

An adjudicator has been assigned to my case:

Mr Clive Sanders

So now we wait again!

DamePeggy

RandomCurve wrote: »

An adjudicator has been assigned to my case:

Mr Clive Sanders

He has been assigned to my case too. It would be interesting if he came to different decisions for each. As I posted earlier, EE's defence to the meaning of Clause 4.3.1. was truncated prior to their defence of the 'manifest intention of the parties' so I hope he doesn't consider that for my case as I'd had no chance to inform him of what my manifest intentions were.

I also pointed out that, contrary to EE's account - and really rather conspicuously, it wasn't 'just' the name of the agency that had changed, but also the name of the document. Essentially my claim boiled down to the fact EE were arguing that a clause that unequivocally relies on a named index, in a named publication, from a named institution, does in fact refer to an index with a different name, taken from a different document, published by another agency. I hope he sees that as being as unreasonable as it sounds.