Cancelling a contract with Orange - fair?

Howlinbob

I'm an O2 contract customer but rang Orange to see what their contract deals were and was given the hard sell on a slightly better deal than I was getting from O2, with a spanking new handset, so I went for it. (yes I know, that's where I went wrong!) Two days later I rang O2 to transfer my existing phone number to Orange, and of course they offered me a much MUCH better deal than Orange, including same new handset, and more free minutes/texts.

So I arranged to return the Orange phone and cancel the Orange contract.
I had 14 days in which to change my mind, and I was well within that time (received phone Monday, arranged return on Thursday).

I have 3 concerns with Orange:

1) They took £5 off my bank card when I first ordered the phone 'as an anti-fraud measure', which was going to be credited off my first direct debit payment, and I have made 4 or 5 lengthy phone calls to them to try to get it refunded (still waiting).

2) They do not pay for return postage although they sent me a returns bag. I had to send it Recorded Delivery, which cost £5.05.

3) They have now sent me a bill for £2.98 + VAT (£3.50), which they say represents my pro rata line rental for the 6 days I had the phone. I was an Orange customer for 3 days, as I changed my mind on the 3rd day and did not use the phone after that. I actually had the phone in my possession for 2 weeks, as I was waiting to receive their returns bag before posting it back to them.

We can all see what the moral of the story is (always go back to your existing supplier for a better deal before you change networks), but is Orange acting fairly? When the Orange salesperson said 'don't worry, you can change your mind within 14 days', I did not realise that changing my mind would actually cost me money, in return postage and pro-rata line rental. This was probably all in the small print somewhere, but I placed my order over the phone so did not have a chance to find this out.

Apologies for the long post! Many thanks for any comments.

Cavey

To be honest, I'd pay the £13.50 and chalk it up to experience, but I am lazy and a little wasteful.

Looking at The guide to Distance Selling Regulations (PDF) from the Office of Fair Trading it seems to imply you should get a full refund and that, unless specified in the contract and made clear to you before agreement was reached, the company should cover return postage costs.

However, I would expect to pay for a service which was rendered (ie the three days you could use oranges network) and there might be something in the contract you were sent (there isn't in the version online) about postage terms and you might not be protected under the DSR as the service had started.

Howlinbob

Thanks for the reply. After refusing to let the matter drop with Orange, and a couple of lengthy 'on hold' calls to their customer services dept, I have been promised a refund cheque for £5 and my bill of £3.50 has been cancelled.

Moneysaving result eh?

La la la la la!