Orange: Big problem with upgrading / Cancelling

piersb

Hi all, first post here I wonder if anyone has some advice or shares a similar situation with me?

I've been using Orange for ipad / 3G data for the past 2 years and have been due an upgrade since the middle of Feb. I decided to go with a new ipad mini as it would mean same cost as I pay now but a smaller and newer bit of kit :rotfl:

I phoned Orange up on March 3rd and ordered the upgrade. Was told it was in stock and would arrive the next day.

ipad didn't arrive so a few days later I phoned to check it had not been delivered to another address. It hadn't - I was told the item was actually not in stock and was on order, so I would need to wait a while, of which I thought was fair enough.

I got to end of the month 28th March remembered that the ipad still hadn't been delivered and called to cancel the order.

I was told the ipad actually WAS in stock and they don't know why I hadn't received it, so they cancelled the previous order and created a new one and told me the ipad would be sent out the next working day (Tuesday this week)

Of course as you'd expect, the ipad didn't turn up. I tried to cancel as was sick of having to spend 30 minutes at a time waiting for the upgrade department but was then told I couldn't cancel. I would need to wait for the ipad to turn up and refuse delivery to cancel the order, and after that I could cancel my account. I was told that because the order was recreated on the 28th then I would need to wait 30 days until I could cancel the upgrade order.

So what I've figured from this little exercise is:

- Orange collecting orders in goodwill from people who think something is in stock when in fact it isn't
- Despite this being distance selling, I'm not allowed to cancel my order when I find out it's actually not in stock. I was informed by someone that you are only allowed to cancel within an hour of making an order

So I'm guessing that they are NOT operating within trading standards / distance selling rules by following the above? Whilst it's not the end of the world, and I'm not the most patient person in the world, I think they are not playing fair with the consumer on this.

Added to that, each time I call... It's a 20 minute wait, plus repeating what I need to say again and again... it's time and as my mobile isn't orange phone money spent due to their problem.

Has anyone else had a similar problem to this? Or any advice you could offer. Feels like I'm banging my head against a brick wall!

Buzby

Upgrades are exempt from DSR - but having look at their pricing, have you done the math? It is a very expensive way to purchase, as data is cheaper elsewhere (£40 for 12 months/12Gb).

Incompetence is allowed - but I'd cut and run as soon as you can!

Silk

piersb wrote: »

Of course as you'd expect, the ipad didn't turn up. I tried to cancel as was sick of having to spend 30 minutes at a time waiting for the upgrade department but was then told I couldn't cancel. I would need to wait for the ipad to turn up and refuse delivery to cancel the order, and after that I could cancel my account. I was told that because the order was recreated on the 28th then I would need to wait 30 days until I could cancel the upgrade order.

Did you get confirmation of the order ?

If so does it state a period to allow for delivery ?

Herongull

Upgrades are not exempt from the DSRs so you can cancel within 7 days unless you agreed to waive your rights to a cooling off period by asking for the new contract to start before the end of the cooling off period.

But your 7 days are long up.

gjchester

Herongull wrote: »

Upgrades are not exempt from the DSRs so you can cancel within 7 days unless you agreed to waive your rights to a cooling off period by asking for the new contract to start before the end of the cooling off period.

Depends on the reading of the law, the DSR regulations are there to cover new contracts, not variations to existing ones.

The question is, is an upgrade a new contract or a variation of the old. Three also use the fact that a used phone has the software "unsealed" by use and this voids the DSR, regardless of if it's a new contact or upgrade.

Remember also the DSR is a right to examine a product, not a trial period. Many people think it's a right to use a phone for a few days and try it, it's not.

Most networks consider them new contracts and allow DSR, Three as mentioned only allow returns on unused phones, but not all stores do, Phones4U certainly don't allow returns of upgrades at all and must believe they are are within the DSR to do so, although it's not a very customer friendly approach.

Buzby

Herongull wrote: »

Upgrades are not exempt from the DSRs so you can cancel within 7 days unless you agreed to waive your rights to a cooling off period by asking for the new contract to start before the end of the cooling off period.

But your 7 days are long up.

Nope. Contract law supersedes. You then can only rely on goodwill if they refuse, that's an end to it. No need to waive any 'rights' - there are none.

oopsadaisydoddle

Also, with Orange - they actually give you 14 days with an upgrade to cancel for any reason (used to only be 7 but when I last upgraded my son's, it had changed). These 14 days start from the day after delivery - as OP hasn't received it yet then they should be able to cancel.

Orange systems work whereby once an order is placed, it can't be stopped until delivery has taken place or been refused and the device returned to their warehouse.