You can cancel your Orange contract!

Unknown

This content has been removed.

CSales

forgive me for being a ittle bit thick, but when the first price increase was announced in December 2011 I requested to cancel, got my final response and got CISAS involved who said they didn't deal with commercial decisions? I presume this has now changed and I could potentially ask CISAS to look into it again?

RandomCurve

CSales wrote: »

forgive me for being a ittle bit thick, but when the first price increase was announced in December 2011 I requested to cancel, got my final response and got CISAS involved who said they didn't deal with commercial decisions? I presume this has now changed and I could potentially ask CISAS to look into it again?

The above is what makes so angry at Ofcom for not getting involved!

It is all about how you word the claim and very little to do with the actual facts. CISAS can not deal with a business decision - such as that to increase the price, but it CAN deal with how the company applied the price rise.

You may still be able to have your account credited with all sums taken over and above your initial contract price back dated to April 2011, as in my case the adjudicator ruled the price rise clause unenforceable (see my posts #166, #167, and#174).

RandomCurve

powerful_Rogue wrote: »

Received the CISAS decision this morning and its great news!

..... Got to thank DamePeggy and RandomCurve for their great help in helping to achieve this. Im just dissapointed that you did not have the same success.

Your welcome and great news.

I have no idea what the adjudicator is talking about in that quote - but if it means you win then brill :beer:

DamePeggy

powerful_Rogue wrote: »

Received the CISAS decision this morning and its great news!

2. The company shall:

a. Write to the customer and confirm that her request to terminate her contract without penalty is accepted and back date this to the date on which notice was given (6 April, plus 14 days i.e. 20 April), waiving all charges incurred on the account after this date.

b. Write a suitably worded letter of apology.

That is excellent news! Can you let us know a bit more about the adjudication? Was it the change in Ts&Cs or the old terms that led to the decision (or both)?

Cheers!

DamePeggy

CSales wrote: »

forgive me for being a ittle bit thick, but when the first price increase was announced in December 2011 I requested to cancel, got my final response and got CISAS involved who said they didn't deal with commercial decisions? I presume this has now changed and I could potentially ask CISAS to look into it again?

No you're not being thick! I'm not sure what precisely has changed since last year (management, precedent of the T-mobile cases perhaps), but CISAS do seem to have changed their policy.

Tom Forth (https://www.tomforth.co.uk/orange) made a number of complaints to CISAS about their refusal to adjudicate then. CISAS's responses were lame and frankly, pretty illogical, especially as he presented them with one of their own case studies that they used in their publicity material which looked almost identical to these Orange cases.

If you've got the time, give it another go. Perhaps citing these cases and the Tmobile ones as precedent. Good luck.

Unknown

This content has been removed.

DamePeggy

Thanks for posting. Their conclusion on the wording of Clause 4.3.1. is very promising, although the issue of the muddled response from EE has complicated this.

It’s good to see that your adjudicator took proper mind of the principle that the interpretation that favours the customer must prevail.

I think that the adjudicator for my and RC’s case just got it plain wrong – possibly as he’d backed himself into a corner with my decision before RC’s case arrived. His decision for RC that the clause could not be enforced, but wasn’t sufficient to allow a cancellation, was quite a fudge.
Hopefully my partner’s claim will go to someone nice at CISAS too.

RandomCurve

DamePeggy wrote: »

Thanks for posting. Their conclusion on the wording of Clause 4.3.1. is very promising, although the issue of the muddled response from EE has complicated this.

It’s good to see that your adjudicator took proper mind of the principle that the interpretation that favours the customer must prevail.

I think that the adjudicator for my and RC’s case just got it plain wrong – possibly as he’d backed himself into a corner with my decision before RC’s case arrived. His decision for RC that the clause could not be enforced, but wasn’t sufficient to allow a cancellation, was quite a fudge.
Hopefully my partner’s claim will go to someone nice at CISAS too.

Yes, that does bode well for my sons case too. Lets hope your partner and my son don't get the same adjudicator as us!

I'm still really pleased with my result though as I have been using it as a "battering ram" to try and persuade Ofcom that they need to take retrospective action re price rises as they are unenforceable, and not just banned for future implementation as was widely expected. I have also persuaded my MP to write to Ofcom on this very point so the heat is on them a bit.

I may be being a bit vain, but Ofcom have delayed announcing the results of their price rise consultation and I'd like to think that the delay is in part due to my emails on this matter - although in reality the delay is probably so they can make sure that all of the operators have put through one last price rise before they ban them (cynical me - never).

RandomCurve

Just had an adjudicator appointed to my Sons case - it is some one new - a woman. So back to the waiting game!

Ofcom have confirmed that all they can do is ask for a court to rule on the fairness of the Orange clause, and then the court will decide if it is fair or not, and if it is not fair if Orange have to repay the sums taken already, or just prevent Orange using the clause in the future. Only problem is Ofcom have not decided whether or not to take it to court! I'll keep pushing them, but the more people who email [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL] complaining of the situation the more likely it is they will ask for a court review.