Orange billing query

The_Deep

I rarely use my mobile phone so have a sim card which allows me to make calls at 25 pence a minute, pro-rated for shorter calls, and receive calls for free. I have had this sim card for several years, probably over a dozen.

There is no monthly fee and the monthly bill is usually minimal, unless I am in Spain, but even then it is not unreasonable.

Or at least that was the situation until last month. I have just noticed that in June the charge went up to 33p a minute or part thereof.

Should I have been informed of this change to the T&C of my contract, and if so, how? If it was done by text message, is this legal? I usually delete text messages from Orange unread as they are nearly all spam.

Silk

The_Deep wrote: »

Should I have been informed of this change to the T&C of my contract, and if so, how? If it was done by text message, is this legal? I usually delete text messages from Orange unread as they are nearly all spam.

I seem to remember people saying they had text messages regarding the increase.
To be honest you need to think about changing to something like 3 on a PAYG if you hardly use a phone calls would be 3p a minute rather than 33p so a saving of 30p a call.
You could even make use of the feel at home advantages if you spend a reasonable time in Spain
Edit ...don't think Spain is covered yet but probably soon will be

macman

My MIL is on the same tariff (very high minute rate, but no monthly charge). Suits her fine as it's only used 5 mins a month at most. Her monthly bill is rarely more than a couple of pounds, if that.
I'm amazed that Horange haven't ended this tariff years ago, because it must produce next to no revenue: in her case the paper billing cost probably exceeds the revenue.
Can anyone confirm that the rate has gone from 25p to 33p per minute please?

The_Deep

An update. After 3 months of silence from Orange I took them to the Ombudsman. Orange are fighting it saying that they informed me in writing. I have put them to strict proof that I received this letter, (which I did not).

This must be costing them a fortune, they have submitted a ten page legal defence and the amount I am asking for is less than a tenner. Even if they win, they lose.

grumbler

I thought that for most people a text message would be the most convenient way of receiving a notice...
And no, IMO, increasing the price wasn't "change to the T&C of ... contract".

This time I feel sorry for Orange.

macman

They won't have to prove that you received the letter though, they'll only have to prove despatch.

Anoneemoose

They did send letters and texts I believe. This was regarding the old EQ Virgin plan.

This plan comes with no required minimum term contract so if you didn't like the changes to charges, you could leave without penalty.

As PP said, they will only have to prove the letter was sent.

The_Deep

macman wrote: »

They won't have to prove that you received the letter though, they'll only have to prove despatch.

I am afraid that you, the moose and grumbler are all wrong. The Ombudsman found in my favour on all counts.

Since the customer has put into issue that notice was not given the burden of proof will reverse and it is for the company to provide rebuttal evidence that it gave notice of a price rise increase to the customer either by post or facsimile.

The company has not provided any evidence that it gave such notice. In the absence of such evidence I am unable to find that proper notice was given and accordingly the company was not entitled to increase it prices under the terms of the contract.

I must therefore conclude that the company breached the contract and the customer is entitled to a remedy. ...

... In light of the evidence submitted I am satisfied that the company breached its duty of care owed to the customer in providing poor customer service in its refusal to correspond in writing and its failure to deal with and resolve the customer’s complaint.

So, I got a full backdated refund and a written apology. It was only a tenner, but the satisfaction of beating such a huge company cannot be overemphasised.









.

mobilejunkie

That does nothing of the sort. The company simply failed to show any evidence that it made an attempt by post or facimile to notify the customer.

Anoneemoose

mobilejunkie wrote: »

That does nothing of the sort. The company simply failed to show any evidence that it made an attempt by post or facimile to notify the customer.

And was probably cheaper than defending if they went to (I am assuming) CISAS. Once it gets that far, they (Orange) have to pay anyway so for the sake of a tenner, it probably wasn't worth their legal team taking the lid off the pen.

And I am not wrong OP. They did send letters and texts. My Pa in Law got both explaining what was happening. He just cancelled the contract because he didn't really use it. You have just been lucky. I am sure if the legal team wanted to, they could have provided the proof. IIRC, the account may have been noted. There is no way they can provide proof you received the letter and or text.

The_Deep

That does nothing of the sort

What do you mean by "that"

The company simply failed to show any evidence that it made an attempt by post or facimile to notify the customer.

True, but it was also criticised for breach of contract and poor customer service in failing to reply to a written request in writing.

... , it probably wasn't worth their legal team taking the lid off the pen.

But they did, they produced a full legal defence eight pages long, did you not read my previous post?


And I am not wrong OP. They did send letters and texts. My Pa in Law got both explaining what was happening.

You are wrong, they did not inform ME

There is no way they can provide proof you received the letter and or text.

Of course there is, have you never heard of "signed for"?

I am getting tired of know it alls posting comments such as this on MSE. Please check your fact before you ,press the submit button.