Orange SMS delivery receipt

arism74

In the beginning of June they called me from Orange to tell me that my 18-month contract was about to expire soon and if I'd like to upgrade etc. I said yes because anyway I was going to call them since I wanted to change my plan and handset, which I did over the phone and got my new phone the next day (12 June).

But the other day I received my first itemised bill after this change and I got really angry when I saw that now they've started charging me £0.009 for each SMS delivery report!!! Someone told me that they've been doing this for a while, but they were not doing that to me, maybe because it was not so when I started the previous contract.

Now, I've been with them for years and I've been a good customer but this is way too much, I really find the reports too useful. I'd like to ask if there is any way I could get them to stop doing this. I'm even thinking of leaving them and breaking the contract if they refuse to do it. I've been reading the t&c's regarding terminating the contract during the minimum term and I found this:

4.3. You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if: 4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or 4.3.2 the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or 4.3.3 the variation relates solely to an Orange Additional Service, in which case you may cancel that Orange Additional Service in accordance with Condition 15.1.


I was never notified by them about this change, either by phone, e-mail, or post. Would I be eligible to cancel? Later in the contract, it also reads:
13. 1. we reserve the right to make changes to your Contract
When you Register you are asked to choose a Service Plan and to indicate which Orange Additional Services you require. You may switch to a higher Service Plan at any time. You may switch to a lower Service Plan as often as you like after 6 months following your Connection to the Network, unless otherwise stated. In the event you do switch Service Plan and add to or cancel Orange Additional Services you must give us not less than 10 days notice before your Billing Date (subject to the terms of any promotional offers you have accepted). We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your Service Plan. We acknowledge that if we do increase the Charges, withdraw Orange Additional Services or introduce new mandatory Charges - or if your contractual rights are affected to your detriment - you may terminate your Contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).

Any help by any lawyers, moneysavers, or others who've dealt with this would be really-really very appreciated. Thanks a lot

patwa_2

The SMS reports are not an additional service, certainly not as far as the website seems to indicate. However, sending a large number of text messages, or say using up your monthly (for example 100) quota would mean £9 extra in charges which is excessive. Therefore one would logicaly assume that you could argue your right to cancel.

Did they inform you of these charges? Was any information presented to you, in any format, or was the charge for a delivery report mentioned on their website at the time you took out the new contract?

I've heard of some people being refused their right to cancel on various contracts despite not being directly told of chages to price plans. Some providers take it that it's the customer's duty to keep up with changes. So a note on their website about the new change would constitute notifying customers, it would be up to the customer to check the website to read the notification. Of course, I don't know if Orange do or have done this.

H.

mobilejunkie

I took out three contracts with Orange last September - reports were chargeable then. I doubt if this would be regarded as a significant change of tariff. You might do better by arguing with them, assuming you can actually get through to them in the first place!

diamonds

but at upgrade it is your right to be informed of such changes by your mobile company, If they fail to present new T&C or Charges then you have everyright to ask for the contract to be null & VOID, or agree compansation to your suiting

mobilejunkie

Maybe message reports were always chargeable but you escaped through the net originally. With contracts in effect I would assume the upgrade was an entirely new one and it could be argued it was your responsibility to check out the t&c. A similar position (more so!) might arise now with O2, since new and upgrade contracts (in theory at least - it seems they are not consistent) don't inlcude 0845/70 numbers in their bundle. There are endless threads on that on here.

belfast_child

do 02 charge for delivery reports?

gaming_guy

belfast_child wrote: »

do 02 charge for delivery reports?

afaik, only orange charge for delivery reports

belfast_child

i cant get my o2 6111 on 02 to give me delivery reports. sorry to butt in on your thread btw. does anyon know how to

arism74

First of all, thanks a lot for your responses,all of you ;-)

I really doubt that reports were always chargeable, I've been with Orange for 6 years and upgraded quite a few times, never before has this happened.

The upgrade to a new phone/service plan happened over the phone and I wasn't told at all that delivery reports will be chargeable, we just discussed the new number of texts/minutes I'll have and some additional offers.

They didn't notify me of any changes either by phone, letter, or e-mail, not even in the monthly bill statement that they send.

I don't understand the logic that 'it is my responsibility to check the t&c's' - what was I supposed to do? They called me, asked me if I'd like to upgrade - should I tell them, 'hang on a second, let me log on to the website and check if anything's changed'??? Does anyone do that?

gaming_guy

belfast_child wrote: »

i cant get my o2 6111 on 02 to give me delivery reports. sorry to butt in on your thread btw. does anyon know how to

you have to type *0#[space] before the message

for example: *0# this is how to get delivery reports working on o2

mobilejunkie

Virgin also charge for message delivery notifications. Vodafone don't. O2 is a pain as has been mentioned - but don't charge.