You can cancel your Orange contract!

moombamike

Got a standard letter from EE saying that I couldn't cancel because their increase followed Ofcom regulations.

Called them and spoke to someone in cancellations to ask for a deadlock letter - she didn't know what that was and will get a manager to call me back.

The case continues...

RandomCurve

DamePeggy wrote: »

They also, laughably, claimed that they only keep a note of what version of the terms customers are under, but that they don't keep a copy. This is clearly rubbish -they’ve got dozens of 'legacy' terms on their website – quite how they thought they could get away with that is completely beyond me.

I maybe wrong, but I'm sure I read somewhere (OFCOM or OFT rules I think), that the company can only enforce a contract on you if they can provide a copy of that contract -the above sounds like they can't!

Also if Orange are claiming that you are still on the old terms then is that not a good thing - so all you have to do is either repudiate that they can increase the contract at all as Central Statistical Office does not exist, or prove detriment and not material detriment.

The above is easier said than done with this bunch of weasels. I have both an orange contract pre Nov11 and a T-Mobile post Oct 2012 so legally I should be able to cancel both -but boy is it an uphill struggle!

I have been trying to get media interest o the T0Mobile situation because it is easier to understand, but may be you could do the same, it might be more powerful if different "sections" of EE customers were writing to the press at the same time!

DamePeggy

I’ve just got back from holiday to find that CISAS gave their judgement last week. It’s not the best news – at least for me – as they have found in favour of Orange as they accepted their argument that I did not include enough evidence in my complaint to show that Orange had changed my terms from Version 14 to 15, and so there were no grounds to cancel due to change in Ts&Cs.

I’d therefore definitely recommend that anyone wanting to try to cancel under the change in Ts&Cs get all the evidence that you can that Orange have used the new terms in their dealins with you – this probably includes transcripts of calls to their call centres when they have used the new terms. Ask them specifically to confirm if the new terms apply to you and then include this in your complaint.

Perhaps more worryingly for people who are hoping to rely on a CISAS complaint is that their adjudicator also found that Orange did not act unreasonably or outside of their duty of care in their dealins with me. Apparently repeatedly reading me the wrong Ts&Cs when I called them, selectively removing the old wording from their website, pointing me (and I’m assuming everyone else) to the new version, but then denying that these terms actually apply to me (or anyone else) is not sufficient to meet their threshold for what is unreasonable. Neither, it would seem, is providing CISAS with demonstrably false statements in their response.

I’ll now be taking them to the small claimns court on the basis of the invalid clause 4.3.1 which they have now confirmed applies to me as I got my written request in to cancel on this basis a while ago.

DamePeggy

I'm still confused as to how CISAS could have concluded that Orange repeatedly reading me the new wording of the Ts&Cs before then claiming that they didn't apply to me could be seen as acting reasonably and within a duty of care, but I've now started the process of taking them to the small claims court under the old terms. I'll let you know how I get on.

powerful_Rogue

DamePeggy wrote: »

I'm still confused as to how CISAS could have concluded that Orange repeatedly reading me the new wording of the Ts&Cs before then claiming that they didn't apply to me could be seen as acting reasonably and within a duty of care, but I've now started the process of taking them to the small claims court under the old terms. I'll let you know how I get on.

Hi DP,

Any update yet?

diamonds

Orange prob bought them out of legal action lol, legal team is inept at understanding legislation, in my experience. Reading this thread is just further clarification.

RandomCurve

I have just submitted my CISAS claim. Based on the following:

1. My contract does not allow a price increase as the Central Stats office has not published an inflation rate;
2. If Orange claim I am on the new T&Cs then Clasue 15 of my old contract has been breached as the change is of deteriment to me;
3. Orange mislead me when the contract was first implemented in that their welcome letter draws my attention to the main parts of the contract - but not to the price rise clause as required by OFT rule 12.4.

So now we wait!!

powerful_Rogue

RandomCurve wrote: »

I have just submitted my CISAS claim. Based on the following:

1. My contract does not allow a price increase as the Central Stats office has not published an inflation rate;
2. If Orange claim I am on the new T&Cs then Clasue 15 of my old contract has been breached as the change is of deteriment to me;
3. Orange mislead me when the contract was first implemented in that their welcome letter draws my attention to the main parts of the contract - but not to the price rise clause as required by OFT rule 12.4.

So now we wait!!

RC,

Any chance you could share a copy of your claim to see how you've worded it? Currently at the stage where the missus can take the matter to CISAS now. Were going to call Orange CS a few times recording the call and ask what terms and conditions apply to her and get them to read a couple of sections out etc.

Also going to throw in the poor customer service (not that you would expect much more from Orange). When she contacted them, they emailed her back quoting T-Mobile terms and conditions!

RandomCurve

Any chance you could share a copy of your claim to see how you've worded
it?

I have sent you some PMs

Good Luck.

powerful_Rogue

RandomCurve wrote: »

I have sent you some PMs

Good Luck.

Thanks RC. I'll have a good read through those.