Problem with an orange upgrade - urgent help needed please.

Legacy_user

Hello, I am posting this on behalf of a friend but I have all the relevant details for them (just trying to get them some help).

Basically, my friend is with Orange (EE now) and was looking to upgrade his phone. His contract was applicable for renewal via the website/telephone etc, so he spotted an offer for a Nokia Lumia 920 with an Xbox 360 free included with the deal. This was for a 24 month minimum of £26 contract so he upgraded via the website checking the terms & conditions (which had no start date/end date for this deal - don't have those as they've been changed on the website).

Basically, he upgraded, the phone came, the Xbox didn't so he called and they advised that it comes 28 days after taking out the new contract but stated that they didn't know about the offer and that they would need to speak to their 'web team'. Two days passed, then they e-mailed and said that when they investigated with their 'web team' they stated that the offer didn't actually start until the 16th of April (this was ordered prior to this). This was despite there being no start or end date in the terms & conditions but this offer being advertised on the Orange/EE website. So he was told to cancel his order, send the Phone back (unopened of course, which he did) and then they reimbursed the delivery back to them and offered to cancel this upgrade.

Well so then my friend waited until the 16th of April, when the offer was supposedly then starting, he had to wait until roughly business hours and the offer still wasn't there. He logged in at work (during business hours), and at lunchtime he tried to upgrade and noticed that it now said that his contract was due to end in two years time (2015) this was despite Orange stating that the upgrade would be cancelled. So then he called Orange, on the phone, and told them about how it wasn't cancelled, they then cancelled this and he finished the phone call. Then re-loaded the website, looked for this offer, couldn't find it now, noticed a message inviting him to speak to someone on live chat so he entered his mobile number and they allowed him to speak to someone on live help. I will include some details from the live help chat that happened (via their website link).

He was advised by 'Phil' that he needed to take out a contract for a minimum of £26 a month, which he was, then my friend asked if he would definitely receive the xbox as well as the phone as that is what has made him decide on that particular phone, he was advised that the Xbox doesn't come with the phone but is sent out 28 days later providing the phone is still connected (standard terms really). Then he was given the terms and conditions to confirm that he wanted to still go ahead, he checked them (the provided link), said that was fine then the operative offered to get the order set up for him, which he did, offered insurance which was declined, then confirmed the address etc, then advised that the order was all done, once again linked to the terms and conditions and got an order reference number. That was the end of the conversation and a transcript was emailed over of course.

My friend had e-mailed Orange on the 16th, when he couldn't initially upgrade because of the problem with the upgrade date now being 2015 and today he has received a reply from Orange stating the following (taken from the e-mail).

'I can see that you have reupgraded directly via our upgrades team which from what I can tell would stop the chances of you obtaining the Xbox as it is a web only offer.'

Here you can find a link to the terms and conditions that apply now, and applied when my friend upgraded via the Live help chat. Link http://shop.orange.co.uk/content/pdf/terms/2012/nokia%20xbox%20promotion%20march%202013.pdf

Apologies for the long message but basically I am looking for some help on what to apply to the e-mail with. Obviously the upgrade was done via the web, through Live help, and despite my friend checking that he would receive the Xbox 360 nowhere did the live help agent advise him that if he upgraded through them that he wouldn't be available to partake in this offer. Despite him saying that he wanted that specific offer the operative did not mention upgrading via Live Help would make him ineligible and instead set this order up for him now.

'I'll keep with the same price plan if it means I'll be eligible for the Xbox'

Phil: 'No problem, would you like me to place your order now David? We can get the new phone delivered to you tomorrow.'

Further on

'The Xbox doesn't come out with the phone, it will be sent out 28 days later providing you are still connected. I'll send you a link for the terms of the order so you can make sure yo still want to go ahead'.

Any help gratefully received. The phone has been opened now and is being used so it isn't possible to just return it this time.

unholyangel

Have they categorically stated that they wont be providing the xbox? Its possible they had the authorisation to put the contract through under web terms because he was having problems with it.

System

Well the latest email states: 'from what I can tell would stop the chances of you obtaining the Xbox as it is a web only offer).

I am going to have my friend email them back but he has already been told that this person is now 'not really be able to speak until next Monday'. Not really award winning customer service. Anyway, I will have him message them first and will post here when he has had a reply.

Would really like a reply back to them if someone could help compose one please? I'm prone to being a bit fiery when helping people so figured the calm MSE people might be a good idea to ask

unholyangel

Would likely be covered by misleading information.

Should be fine with written evidence of what was agreed, if it had been over a telephone call then it may be harder as notoriously whenever something goes wrong, they never have a copy of the call.

Send a copy of the email transcript to them along with a short paragraph explaining (was told would be sent 28 days after contract so agreed to go ahead, have now had conflicting information saying wont get xbox) and asking whether they plan to honour their contractual obligations as agreed.

What outcome would you be happy with (or what is your ideal outcome and what is an acceptable outcome)?

As of yet, there has been no breach. Asking them straight out will a) highlight the issue to them if they werent aware, b) give you a straight answer of whether they will be honouring what was agreed or whether there is possibly grounds for an anticipatory breach of contract.

System

My friend would be happy just to get the Xbox they've agreed previously.

Thanks for the help, going to draft him an e-mail today, hopefully he will hear back Monday and things will go to plan.

molerat

Stop e-mailing / phoning and write a proper old fashioned letter headed COMPLAINT. Your friend will be contacted within a week and everything will be sorted. (from experience of dealing with Orange) It seems that letters and calls/e-mails have a different track and only the former gets anything done.

System

Thanks for the advice. If he doesn't get a favourable response to his e-mail I will help him get a letter sent. Thanks a lot

System

So the e-mail was drafted up and sent over the weekend by my friend. Somebody from Orange, Nick someone, has called up and advised that the projects team have had to pull the offer and that my friend WAS eligible for it, as far as he is concerned as the order was placed via the web/web team. He advised that my friend would have to wait 28 days after which time he would either receive the Xbox 360 or he would receive either £100 credit or £100 cash to buy an Xbox. They didn't make it clear if there was a choice between the two either.

My friend has made it clear that he is unhappy with how this has been handled, to which this customer service man (Nick) agreed and started to moan about the projects team pulling the promotion without telling anyone. My friend has made it clear that he is unhappy with the offer of £100 cash or credit and he wants the Xbox.

I just want to know how to proceed with this? Of course, in 28 days (been advised it should be received by the 16th of May). Could someone please advise what to do next? Obviously we will wait until the 16th of May, when Orange have advised that the Xbox should be received by, but basically I want to know what happens if the 16th of May comes and they effectively rip off my friend.

paddyrg

I see second hand xboxes for £40-odd on Amazon, so of the £100 offset is still on the table he can get a unit plus a spare one plus a case of beer. I doubt he has any phone contact cancellation rights of he had started issuing the service, so this may be your best option.

System

paddyrg wrote: »

I see second hand xboxes for £40-odd on Amazon, so of the £100 offset is still on the table he can get a unit plus a spare one plus a case of beer. I doubt he has any phone contact cancellation rights of he had started issuing the service, so this may be your best option.

Thanks anyway but it is a new style Xbox that is wanted, hence him ordering this offer, he doesn't want an old style second hand Xbox as they're mainly riddled with the Red ring of death which is notoriously difficult to fix.

I don't want to know his rights regarding cancellation, I want to know his rights regarding getting what he was told he would receive, i.e contractual obligations and possible small claims court visit if required. Thanks for trying to help though.

unholyangel

katykicker wrote: »

Thanks anyway but it is a new style Xbox that is wanted, hence him ordering this offer, he doesn't want an old style second hand Xbox as they're mainly riddled with the Red ring of death which is notoriously difficult to fix.

I don't want to know his rights regarding cancellation, I want to know his rights regarding getting what he was told he would receive, i.e contractual obligations and possible small claims court visit if required. Thanks for trying to help though.

What are the specs of the xbox they were offering? What size hard drive? How many controllers? etc.