"Bullied" by Orange, help!

Babbles

Early this year, my orange contract came up for renewal. I'd already decided to switch to a sim-only and virgin had offered me a good deal on one as the household is with them.

I called orange to cancel the contract (rather than let them renew it) and was talked into staying with them, they said they'd put the price at £15 (same as virgin were offering) and match the unlimited everything virgin offered. The only difference would be that I was tied into a 12mth contract as opposed to virgin's rolling month.

I mulled things over and decided to contact orange again and cancel the contract after all. I didn't have much time and couldn't get through on any phone number I could find for them so I wrote to them and sent it recorded, stating that I'd changed my mind and wished to cancel the contract after all (still within a couple of days of the old contract ending). I also said I'd pay the first bill as a kind of apology for changing my mind on them.

A month later, an orange bill arrived at around £23 I paid it, cancelled the direct debit and assumed that was the end of the matter.

Last month, orange (EE) wrote to me stating that I hadn't paid my bills and owed them (sorry, can't remember the figure) two months worth of the higher bill (23ish rather than their promised £15).

I wrote back explaining that I'd cancelled the contract right at the start and that I wouldn't be treated like a criminal for something that was neither my fault nor my intention. I included a copy of the original letter for good measure.

I've just had another letter from them, equally as unreasonable, asking for £70ish (three months worth). They've ignored everything I've said altogether and I'm (understandably) pretty hacked off.

Anyone know what I can do about this? Is there any free legal help I can get to help sort this, I really don't want to give in to their "bullying", I've seen other companies do the same to my brother and it really boils my ....

ZhugeEX

Did Orange ever confirm they'd received your letter or that they'd cancelled the contract.

If not then the contract was never cancelled and you'll still owe 12 months worth of bills.

JJ_Egan

The only difference would be that I was tied into a 12mth contract as opposed to virgin's rolling month.

You started the contract yes .

Anoneemoose

Although the letter might have been received at one of their offices, it is not to say it made it to the correct place in order for them to act on the cancellation. These things happen and you really should have checked this or spoken to them sooner to gain confirmation.

In regard to their 'bullying' - I take it you mean they have sent reminder/possibly dca letters - quite normal for outstanding bills and I wouldn't say bullying. In fact, I believe the letters they send are factual in that if you don't pay, they will trash your credit file, pass to dca etc.

Having said all of the above, if you can prove you sent the letter and there has been no usage on the SIM since you agreed to the new deal, then they may cancel the owing amount. You could write in again or send a message through the EE website. Or you could call customer service again and see if you can get someone sympathetic.

MataNui

Three replies, all saying its the OPs fault for agreeing to the contract in the first place and there is nothing they can do. Did you all miss something?

Yes the OP agreed BUT it was for £15 not £23. You do have a case here as Orange are in the wrong. If they wanted they could hold you to 12 months at £15 but have no right at all to charge the £23. I would speak to them and demand a copy of the conversation where they say you agreed to an upgrade at £23 per month. They will not be able to provide it (or will refuse). Use this as your basis to complain to the ombudsman as it is up to Orange to prove a contract exists, not up to you to prove it doesnt.

Anoneemoose

MataNui wrote: »

Three replies, all saying its the OPs fault for agreeing to the contract in the first place and there is nothing they can do. Did you all miss something?

Yes the OP agreed BUT it was for £15 not £23. You do have a case here as Orange are in the wrong. If they wanted they could hold you to 12 months at £15 but have no right at all to charge the £23. I would speak to them and demand a copy of the conversation where they say you agreed to an upgrade at £23 per month. They will not be able to provide it (or will refuse). Use this as your basis to complain to the ombudsman as it is up to Orange to prove a contract exists, not up to you to prove it doesnt.

I didn't miss anything..

The account will be noted to advise that OP agreed to the new 12 month contract and that will be 'proof' in that as long as there is a note there, it will be taken as fact. Chances are if it was supposed to be £15, there will have been a discount missed off. You are overcomplicating matters here.

At the end of the day if OP didn't get confirmation of the cancellation then he needs to pursue that, not necessarily quibble the amounts.

As I said, if OP hasn't used the SIM and can prove he sent the letter then he shoud get it sorted.

Babbles

Thanks all, doesn't sound too hopeful really though

I have no proof of either the conversation or that the letter was ever sent. Unfortunately the receipt for the letter being sent recorded was thrown away months ago.

So, there's really nothing I can do about this? Except ring them and hope for the best?

Herongull

If you had sent the letter recorded delivery and kept the receipt, you would have been fine.

The Distance Selling Regs allow you to cancel within 7 working days (now 14 I believe). Sending the letter would count as cancellation even if it got lost at their end, but as you lost the receipt you can't prove you sent it.

Some people will tell you that you can't cancel an upgrade, but this is not true - upgrades are not one of the DSR exclusions.

However you can agree to waive the DSR cooling off period if you want a service to start before the end of the cooling off period, but it sounds like you cancelled within the cooling off period but before the "new service" (upgrade) was due to start so you are ok on this front.

The only issue is without the recorded delivery receipt, you can't prove you sent the letter.

Did you transfer your number to Virgin? If you did, they must surely have accepted the cancellation?