Am I within my rights to leave this 'contract'?

Bella08

I'll make this as brief as I can, at the end of my 18 month contract with Orange I upgraded to a different phone and whilst on the phone to them they looked at my tariff and upped the amount of texts and minutes I could have, but kept my monthly payment the same, so I then received my new phone along with a new sim. Within a couple of days of having the phone, I decided I wasn't happy with it so phoned up and asked if I could send it back, they said ok, they would send a bag out and they told me to wait a few weeks and then phone up again and I'd be able to upgrade to a different phone, they also cancelled my sim immediately, so I was now back on my old tariff. After 3 weeks I still hadn't received the bag so I phoned up again and they told me they didn't have the request on the system but they'd send out another bag. It finally came a few days later and I sent the phone back. I waited a few weeks as I was told (I waited 2 weeks) and then phoned again to upgrade to a different phone and I was told that as of a certan date their policy had changed and I could no longer upgrade until I was in the last three months of my contract, so I explaned everything to the woman and stated that as far as I was concerned I wasn't in a new contract as I had been put back on my old sim. Being the weak person I am, I just gave in and got off the phone. I have since requested a postal address to send a letter of complaint to but got told that I have to phone them to complain. So before I phone again, could anyone offer any advice, am I in a legally binding contract if they cancelled the new sim and I am still on my old phone. Can I cancel and go PAYG instead or am I stuck with paying for this phone for 36 months which will amount to £900!!! I hardly use it at all now, my tariff is for 3000 texts a month and I don't even touch 100 a month these days which is why I would much prefer PAYG. I would stay with Orange because I would like to keep the same number. But I would just like to cancel my contract completely and just buy the phone I want. I think Orange are in the wrong because I requested my first upgrade before the date they changed their policy and despite speaking to them on the phone twice about sending it back I was never told about a cut off date, I was just told to 'wait a few weeks'.

I was trying to keep this short, didn't work! Basically what I'm saying is that I don't believe I am on a new 18 month contract anymore, since they cancelled they new sim, so I am back on my old contract terms - do I have a leg to stand on?!

Bella08

Anyone

Sid_Harper

write to their managing director at their registered office and send it by recorded delivery. Say that if you don't hear back in writing within 14 days of the date of your letter, then that is an implicit agreement with what you have stated (which will force them to acknowledge).

gushussain11

Dear Bella08 Peace

I am sorry to learn the difficulties you are having with the issue you mention. Considering your comments I can only assume that its simply maladministration. Therefore I would ask you to consider using the orange response form to issue the a complaint (www.orange.co.uk). I have quickly typed a complaint for you and request you use it as your foundation. Please amend accordingly and please keep me informed of your progress. And let me now if you require any clarification, apologies for any typing mistakes.

Dear Customer Service Adviser

Further to the telephone conversation today to which I have been advised that I have a binding contract for a term of 18 months and to which I responded that this is wrong. At the time of our conversation I reserved further comment and the adviser did not want to correct the information on the IT system.

I hereby include the facts and kindly request the you correct the information on the IT system:

When I reached the end of the minimum period of Contract A, I agreed to vary the contract (Contract pursuant to section 9.1 of the General Conditions. Accordingly I set condition that the phone that you shall subsidise should be suitable and that I try it for a period of 14 days accordance to your own terms and conditions advised by the adviser and pursuant to section 9.2(e) of the General Conditions.

Once I received the phone I rejected it by making a phone call to your representative who advised the service would be ceased and contract A and its terms be restored.
The phone was returned once arrangements were made for it to be collected.

Thereafter it stated on your computer system that I am under the terms of contract B. I would be grateful if you will correct this immediately as I had rejected Contract B and restored contract A.

Please contact me with details of the offers currently open to me that I may consider varying my contract alternatively please consider this a notice to leave my current contract to be bound to the terms of the Pay As You Go Agreement. Please issue a Sim card immediatley.

Yours Faithfully

Bella08

Thank you very much, I will definitely be using this template. Firstly though, could you just explain to me what section 9.1 & 9.2(e) of the General Conditions are or point me in the right direction to read for myself (I presume it is not the General Conditions of my contract).

gushussain11

Hi Bella08 Peace

Your Service Provider Contract must comply with current legislation.

The legislation that parliament has set to govern the telecommunication industry in a nutshell is the Communication Act 2003. Section 45 of the Act allows the Commissioner (OFCOM) to set certain conditions. These conditions are known as the general conditions and yes they take precedents over any small print in the terms and conditions of the service provider.

The conditions can be viewed at the Ofcom Website.

If you require any further assistance please do not hesitate to ask.

Peaceful Regards
Gus Hussain

Sid_Harper

I would suggest the letter should state that they're the general conditions of the comms act then, else it could be anything!