Orange contract query

Melancholie

Because they're not accepting that, grumbler.

grumbler

How can they not accept their own letter?!

Cancel in Oct then (with 1 month notice) and tell them that you'll pay the ETC under protest and claim it back via online Small Claims Court with all related fees and expenses added. Regardless of 'accepting' it or not they don't have a leg to stand on.

As I said, if you upgraded early, Ofcom ruling doesn't apply. The fact that it was a new different tariff is irrelevant.

Herongull

Buzby wrote: »

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.

But the OP was given a new contract as well as new phone. She has a letter stating it was for 24 months.

"Upgrade" is an industry term often used market new contracts (with "free" phones) to existing (and sometimes new) customers. It isn't a legal term AFAIK.

If someone takes out a new contract after May 2011, the mobile phone companies are bound by the new rules.

Herongull

grumbler wrote: »

How can they not accept their own letter?!

Cancel in Oct then (with 1 month notice) and tell them that you'll pay the ETC under protest and claim it back via online Small Claims Court with all related fees and expenses added. Regardless of 'accepting' it or not they don't have a leg to stand on.

As I said, if you upgraded early, Ofcom ruling doesn't apply. The fact that it was a new different tariff is irrelevant.

Not necessarily - it depends on what was agreed. According to the OP the mobile phone company agreed to let her off the last 3 months of her existing contract as an incentive for taking out a "new contract" with them.

If it is described by the phone company as a "new contract", then it must be a "new contract" (with all the legal rights that entails). If you agree to buy apples, they can't say 1.5 years later that the agreement is actually for oranges.

Herongull

An alternative to paying the early termination charge under protest and then claiming it back via the small claims court (which should work ok) is to go through the mobile phone company's complaint procedure and then ombudsman in order to get the end date corrected.

The procedure to follow is set out here:

http://www.which.co.uk/consumer-rights/action/how-to-complain-to-the-ombudsman-about-a-mobile-phone-provider/