Orange contract query

Melancholie

I upgraded my Orange phone in October 2011, taking a new 24 month contract. I checked my upgrade date this week (as I've previously always been able to upgrade my phone before the end of the contract period - been with them since 1999) and both the Orange app on my phone and my account on the Orange website said my upgrade date was January 2014. The website listed my contract length as 27 months.

I went into my local EE store today to query it and was told that, because I'd upgraded early last time, the last 3 months had been added to the length of the new contract. This hadn't been the case any of the previous times I'd done an early upgrade and I hadn't been told when upgrading in store that this would happen. I was just told it was a new 24 month contract and the letter I received from them said 24 months and listed the start date as October 2011.

I mentioned the Ofcom ruling that contracts cannot be longer than 24 months and the guy said that the change had come in during 2012, after I upgraded, so that ruling hadn't applied to my contract. He said they now don't do upgrades 3 months early, they do them 45 days early with no rollover of the previous contract, and if I want an earlier upgrade than January 2014 I would have to pay out the rest of the contract (currently £175).

I've just googled the Ofcom ruling and what I've found all says that it came into force in May 2011, 5 months before I took out my new contract.

Can anyone advise on where I stand legally with this? My partner seems to think they can't hold me to my contract as it breaks this ruling.

Thanks.

grumbler

Melancholie wrote: »

I upgraded my Orange phone in October 2011, taking a new 24 month contract. I checked my upgrade date this week (as I've previously always been able to upgrade my phone before the end of the contract period - been with them since 1999) and both the Orange app on my phone and my account on the Orange website said my upgrade date was January 2014. The website listed my contract length as 27 months.

I went into my local EE store today to query it and was told that, because I'd upgraded early last time, the last 3 months had been added to the length of the new contract. This hadn't been the case any of the previous times

I am pretty sure it was always the case. You just didn't notice it because you always were able to upgrade very early, that has changed recently.

I'd done an early upgrade and I hadn't been told when upgrading in store that this would happen. I was just told it was a new 24 month contract and the letter I received from them said 24 months and listed the start date as October 2011.

Well, if you still have this letter, then you can demand a cancellation without fees in October 2013.

I mentioned the Ofcom ruling that contracts cannot be longer than 24 months

New contracts only, not upgrades.
Ofcom doesn't disallow adding the remaining months to new contracts.

Melancholie

grumbler wrote: »

I am pretty sure it was always the case. You just didn't notice it because you always was able to upgrade very early, that has changed recently.

Previously you could upgrade 3 months early. My upgrade date came forward by three months each time. Had the 3 months been added on to the end of the contract every previous time, my upgrade date would always have been in the same month.

Well, if you still have this letter, it is your strong argument.

I do.

New contracts only, not upgrades.
Ofcom doesn't disallow adding the remaining months to new contracts.

It was a new 24 month contract. Different tariff and everything.

Herongull

You've answered your own question really.

A 24 month (minimum term) contract can't last 27 months - a 24 month contract has a minimum term of 24 months.

Also (as you say) the ban on contracts lasting more than 24 months came into force on 1st May 2011. http://crave.cnet.co.uk/mobiles/eu-ban-on-36-month-contracts-has-limited-uk-effect-50003718/

Of course you can leave without penalty once the 24 month period has expired. No ifs no buts. But you need to give 30 days notice and if you ask for a PAC number you need to use it.

So wave good bye to EE on October 2013 and move to another company that has better trained staff. Why bother with EE if their systems don't work properly and their staff don't know the rules.

Perhaps EE should pay you to give their staff training;)

If you can't find anyone in EE who can put in the correct end date for your contract, make a formal complaint and mention that you will be reporting them for not following the EU rules if things aren't sorted out promptly.

Melancholie

Herongull wrote: »

Why bother with EE if their systems don't work properly and their staff don't know the rules.

Because they give me a 25% discount on my line rental for being a teacher and all my family are also on Orange so I have them all as magic numbers and don't have to pay to call them! :rotfl:

I suppose my question really was whether they could legally add the 3 months to the end of the contract and hold me to it. You seem to think not. grumbler seems to think they can. I can't find anything to confirm or deny either way on the Ofcom website.

pinkladyof66

i took any early upgrade on 10th may 2011 and as i still had 3 months or more to run my current contract is for 27 months too, so mine finishes on 10 set 2013 in fact that works out as 28 months !!!! so how can mine was set up after 1st may mine is with orange too.

pinkladyof66

i am getting rid of orange come september as i am paying £36 per month for iphone that broke after 16 months so i had to get a new phone anyway.

pinkladyof66

i would like to find out if this is the case too as i am in same position as op with a 27 month contract

Buzby

The contracts are not 27 months, the minimum term is. However, the OFCOM requirement is for new contracts, not when they try to head off a customer deserting by advancing the upgrade. This is viewed as an incentive, nothing more.

What you are asking for is the ability to benefit from a 21 month term instead of the 24 agreed to.

Melancholie

They weren't trying to "head off a customer deserting". I wasn't trying to leave. They contacted me in the October and told me I was eligible for an upgrade. As I've already stated, this was a new 24 month contract on a different tariff. I'm also not asking for a 21 month term - I want my contract to finish at the end of the 24 month term I agreed to, which ends in October 2013, not January 2014.

I've been with Orange for 14 years. In that period I've upgraded 5 times and only 2 of those upgrades were free. I fail to see how I can be considered to be taking advantage of them merely by wanting my 24 month contract to run for 24 months. Even if they let me out early, which I'm not asking for, they certainly haven't lost anything from me as a customer, especially as I plan to renew with them.

Had I been told when I signed the new contract that it was for 27 months then I may not have gone for it but, if I had agreed, I would not be complaining now. I wasn't told. I was told it was a 24 month contract. At best I was misled when taking out the contract. Now all I want to know is whether they can legally hold me to 27 months, given the Ofcom ruling.

grumbler

Why do you need Ofcom ruling if you have the letter clearly saying 24 months from Oct 2011?