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Orange/EE - can I terminate?

Hi,

I wonder if anyone can help with this? I've been with orangeicon for probably 10 yrs now, same account & number, and I upgraded my phone in January after my previous 24 months ended, and opted for a non-iPhone deal for the Samsung Galaxy Note 3.

Anyway, since then, EVERY bill has been wrong and we have been charged for every megabite of data, even though as part of my tarrif I get 1gb included.

I called them on 7th April to complain about this and was told by a chap there that they hadn't applied the correct tariff and that he would pass it to their 'resolution' team or some other department, to deal with it and get things refunded.

It's today the 26th April and I called to chase them as we have heard nothing, and was told that it had never been referred to anyone (the lady today said it should be the billing department).

Up to now I was quite happy for them to correct their error and get on with it but quite frankly I've had enough of their shoddy service and believe that I have a right to terminate or rescind the contract, as they haven't fulfilled their side of the contract and provided me with the service that I signed up to.

Am I right? Surely they can't just say 'we're resolving the problem' as the person on the phone today said? It's very nearly May and not one of our bills has been correct.

Could I ask anyone who knows about this sort of thing a couple of questions please? Firstly, who should I write to, just the complaints department or cancellations department, or formally to the MD?

Secondly is it advisable to send the handset back with this letter? I'm not fussed about trying to cancel and keep the phone, that is not my objective at all, but don't know if I need to?

Thanks in advance for your help.

Mark.

Comments

  • Buzby
    Buzby Posts: 8,275 Forumite
    Not only not right, but not even close. Why not read your contract to see what your obligations are. Carp service, no coverage, and mistakes are fully allowable and no reason to believe they have lost all rights to hold you to account.

    The phone is yours - they don't sell secondhand phones, so no reason to send it back as it will do nothing to mitigate your responsibilities of your contract. If you stop paying, your credit file will be defaulted and further financial products denied from bring offered or accepted.

    Your rights to terminate at the earliest opportunity will be stated in your agreement so follow them carefully. One month before your minimum term ends give 30 days notice of termination and your contract will cease without any financial penalty.

    You may wish to reconsider taking out any service that has a minimum term, as you will be expected to complete this in every case before moving on without any cost.

    For EE, it's a 'No Brainer'.
  • Hi Buzby, thanks for your reply. Is there really no comeback on this shocking service other than a 'sorry about that'? That's appalling!
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Hi Buzby, thanks for your reply. Is there really no comeback on this shocking service other than a 'sorry about that'? That's appalling!

    You can complain to them and then to CISAS/the communication ombudsman (whichever one they're registered with) if they can't resolve your complaint themselves.

    But the likely outcome is an apology and, possibly, a goodwill gesture. It's unlikely you'll be able to cancel your contract.
    What will your verse be?

    R.I.P Robin Williams.
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    Buzby wrote: »
    Not only not right, but not even close. Why not read your contract to see what your obligations are. Carp service, no coverage, and mistakes are fully allowable and no reason to believe they have lost all rights to hold you to account.

    The phone is yours - they don't sell secondhand phones, so no reason to send it back as it will do nothing to mitigate your responsibilities of your contract. If you stop paying, your credit file will be defaulted and further financial products denied from bring offered or accepted.

    Your rights to terminate at the earliest opportunity will be stated in your agreement so follow them carefully. One month before your minimum term ends give 30 days notice of termination and your contract will cease without any financial penalty.

    You may wish to reconsider taking out any service that has a minimum term, as you will be expected to complete this in every case before moving on without any cost.

    For EE, it's a 'No Brainer'.

    What a load of old tosh. How come so many of us have got penalty free cancellations and compensation from EE then.

    OP, how long has it been since you complained to EE about this as it needs to be 8 weeks before you can go to CISAS
  • Phoned up initially 7th April, as waited for March statement to see if it was something they'd rectify themselves given it was an upgrade rather than new deal, nothing happened so chased today.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Send a formal complaint to [EMAIL="complaints@everythingeverwhere.co.uk"]complaints@everythingeverwhere.co.uk[/EMAIL]. Their usual response is absolutely nothing, so then you have to wait 8 weeks before going to CISAS. Ask for (say) £50 compensation for the inconvenience and aggravation and total lack of response, plus the amount you've overpaid. You could also asked to be released from your contract, but although you are highly likely to achive the other things this one is less likely. Sending the phone back or cancelling the direct debit are both no-nos (though you can offer to return the phone if they agree to realease you).

    In order to succeed you will need to prove that you have been overcharged; apart from that, you will succeed. You may be able to start the 8 weeks from 7th April, but would need to state who you spoke wioth and that it was a formal complaint at that time.

    Networks only get away with things like this because too many people let them.
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