You can cancel your Orange contract!

DamePeggy

RandomCurve wrote: »

Should I open up a new Forum on the "legality of Price Rise clauses in mobile phone contracts" or just keep posting on this one? I want to publish "step by step" the process, my letters and the responses.

Good luck with the SCC. I'd definitely start a new thread with the legal details - as both the Tmobile and Orange threads are pretty huge now and things have certainly developed since I started this thread. Cisas deciding to adjudicate, problems with them, EE's behaviour etc, that have all complicated things. A step by step guide is just what's needed.

RandomCurve

I trust you have all seen Ofcoms statement on mid term price rises. protects from future rises as "Material Detriment" has been defined as "Any Increase". I have no idea why Ofcom have not applied this retrospectively - see my email to them below - feel free to send to Ofcom too!

http://media.ofcom.org.uk/2013/10/23/protection-for-consumers-against-mid-contract-price-rises/

RandomCurve

I've just sent the email below to Ofcom (media and MP copied in - distribution list below (My MPs name removed))



Dear Lynn,

I am glad to see that Ofcom has now published its Statement on price rises in fixed term contracts. Whilst it is welcome news that future price rise will not be allowed I am still perplexed as to why Ofcom has not applied the rules retrospectively to ensure that all consumers who were subject to a price rise are reimbursed for the sums taken under the price increases clauses.

I will not quote from your statement as you clearly know what was written, but the wording around transparency, surprises etc. can only lead one to the conclusion that the price rises already imposed under these clauses are likely to fall foul of the UTCCRs, so please can you explain to me why Ofcom is not taking a case to the courts under your consumer protection enforcement powers to have the price rises ruled void?



Whilst that case is pending can Ofcom protect the consumer by taking the following actions:

1. Publish a template letter for consumers to copy to their mobile operator that requests a refund of any sums taken from their accounts over and above that of the originally agreed contract price.
   1. Your consumer protection legal staff can draft the best the case, but I would have thought it would be along the lines of the UTCCRs re price increases not being transparent, companies passing risks to consumers that they could have foreseen and the principle of good faith. And now possibly also material detriment as that is now defined as “Any increase”
2. Rule that any Operator receiving the letter that does not agree to the refund MUST issue a CISAS case reference number to the consumer in their “rejection” reply; and
3. Publish a template for consumers to send to CISAS (which I assume would be almost a copy of the letter being sent to the operator.
   1. This is required to ensure CISAS do not reject cases just because the consumer (who is not required to be a legal expect – and who Ofcom is supposed to protect) has referred to the price rise rather than the implementation of the price rise.

The above should be clearly sign posted on your website and Ofcom should also make press releases to advertise the fact that these templates exist.
I look forward to your response detailing your next steps in this matter.

Regards

Distribution list:

TO:

Lynn Parker <Lynn.Parker@ofcom.org.uk>; "graham.howell@ofcom.org.uk" <graham.howell@ofcom.org.uk>; "VAIZEY, Ed" <ed.vaizey.mp@parliament.uk>; [EMAIL="Claudio.pollack&#64;ofcom.org.uk"]Claudio.pollack@ofcom.org.uk[/EMAIL]; "Ed.Richards@ofcom.org.uk" [EMAIL="Ed.Richards&#64;ofcom.org.uk"]Ed.Richards@ofcom.org.uk[/EMAIL]


CC
"watchdog@bbc.co.uk" <watchdog@bbc.co.uk>; "which@which.co.uk" <which@which.co.uk>; "joel.taylor@ukmetro.co.uk" <joel.taylor@ukmetro.co.uk>; "Edwin.lane@bbc.co.uk" [EMAIL="Edwin.lane&#64;bbc.co.uk"]Edwin.lane@bbc.co.uk[/EMAIL]

RandomCurve

DamePeggy wrote: »

Good luck with the SCC. I'd definitely start a new thread with the legal details - as both the Tmobile and Orange threads are pretty huge now and things have certainly developed since I started this thread. Cisas deciding to adjudicate, problems with them, EE's behaviour etc, that have all complicated things. A step by step guide is just what's needed.

Thanks DP - it is taking me some time to get around to this, but I will!

How is your SCC case coming along?

RandomCurve

No surprises here !!!

http://www.mobilenewscwp.co.uk/2013/...ints-to-ofcom/

RandomCurve

Please se my posts #2147 and #2148 on the T-Mobile price rice forum

https://forums.moneysavingexpert.com/discussion/comment/63590562#Comment_63590562

I think anybody who wants a refund of the price rise amounts applied to their contract (both the 2013 arise and any earlier rise) can get a refund - from ANY mobile phone operator on ANY CONTRACT which is 24 months duration or less !!!

I stumbled across this whilst preparing to start a new thread as my post #211 above so I will post a the details on that new thread (when I open it).

RandomCurve

I've finally got around to creating a new thread to detail how everyone should be able to get a refund of sums taken on price rise clauses.

https://forums.moneysavingexpert.com/discussion/comment/63754559#Comment_63754559

RandomCurve

T-MOBILE CUSTOMERS ON V59 of the contract

Please see post #2162 on the T-Mobile price rise forum - Ofcom's corrupt actions with T-Mobile have opened an opportunity for a PENALTY FREE CANCELLATION if you act IMMEDIATELY

Please facebook/tweet a link

https://forums.moneysavingexpert.com/discussion/comment/63788885#Comment_63788885

RandomCurve

My sons case has gone to the SCC (for cancelation of price rise only), and EE have decided to settle out of court! So another unenforceable price rise clause!!


:j

DamePeggy

[FONT=&quot]I’m the OP for this thread – and it’s been dormant for a while, but I finally got round to taking Orange to the SCC (family and life commitments got in the way). [/FONT]
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[FONT=&quot]As has been the case with every other case I’ve heard about, at the last step they agreed to settle my case in full. I had to take it to the stage where I paid the final £25 hearing fee, but then got a letter telling me they would pay in full (including the £50 fees I’d paid for the SCC proceedings). [/FONT]
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[FONT=&quot]The actually SCC process wasn’t as arduous as I was expecting – some pretty simple form filling and getting some documents together (which I’d got for the CISAS complaint anyway). [/FONT]
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[FONT=&quot]In the end I got the reimbursement of the full amount I’d paid them for the six months contract that I had left after I’d cancelled. So it was only a couple of hundred pounds, but it’ll go towards a nice new hand-set which I will be buying outright rather than ever bothering with a contract again.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I will now be taking them to court on behalf of my partner who tried to cancel at the same time, but who has since paid them more than £500 for her contract – we’ll be claiming this full amount to see whether that tempts them to actually try to defend themselves.[/FONT]

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