Orange query - Where do I stand?

[killinghall]

Hi there,

Stumbled across this forum; I think its great we have something like this where people can come to for impartial advice!!

My query is about Orange and their introduction of 07978 numbers last year. I'll try and keep it as short as possible.

Back in Novemmber, Orange sent a letter out to most people with contracts to say that 07978 numbers were no longer going to be part of inclusive minutes. I make a lot of use of these minutes and this was going to cause me a big hole in my pocket, so I rang a few times to argue this however was unsuccessful, usual tactics, hanging up on me, denying all knowledge etc.

So wrote a letter dated 29th November 2007, explaining that they changed the T&C's mid contract and according to the T&C's I could cancel the contract. I sent it recorded delivery and it got delivered. I never heard anything back.

Then towards the end of May 2008 I came across CISAS and logged this case with them. Things progressed quite quickly and the first comment from Orange was that the account number I had put on my letter back in November was of an expired contract (it expired May 2007) - I couldnt understand this so I checked and indeed, there was a mistake on my part in that I put the wrong account number on my November letter.

I still felt quite strongly about it though, as because of writing the wrong account number I got penalised quite badly. I wrote back to CISAS and explained that every single detail of my case is correct, only the account number is wrong. This went off the CISAS and I got a reply today from Orange.

Basically, as expected, they say that only the account number quoted on the letter would be referred to when handling any enquiries ; Orange submits that it is not responsible for the Claimant’s error on both of his letters and the application for adjudication ; it had no reason to believe the Claimant had other accounts, it cannot realistically be expected to search its customer database for other accounts which may or may not exist and are held by the same person when it is contacted by its customers; A T&C change complaint needs to be filed within 30 days (it had, but I think thats to say I cant file one now!).

What, if anything, should I reply to the CISAS adjudicator? In short, do I have a leg to stand on?

Technically, I suppose they are right, but I feel quite angry that if I had written the correct number, they would've been forced to pay up (I'm claiming £300) - I'm making my blood boil that companies get away with mistakes all the time (Estimated energy bills being the biggest scam on my list) but the little guy always gets screwed. Also, if Orange had responded to my correspondence and said, nope this contract is cancelled, I would've probably had enough time to notice this eariler and send another letter with the right account number (though I can see why they werent forthcoming with that information)

Rant over, but can I progress with this further? Is there any point in going via MCOL to get it seen by a judge who might have a more sympathetic view?

[killinghall]

45 views and no replies? Come on guys..

[2Grumpy]

How about:

It was an honest mistake on your part, Orange knew you had an account and could easily have found the correct one, just like they do when you want to pay your bill.

If Orange had looked at the complaint in a reasonable time-scale then this could have been sorted inside the 30 day limit, by provarocating Orange have been able to wriggle out of this

Here is the correct account number which you are sure Orange have been aware of all of the time, please update the claim.

[MrShed]

I agree with your first thought - you don't have a leg to stand on.

Not right, but also very little you can do about it and I would simply take it as a learning experience.

[OrangePrimate]

If i can expalin things from the 'other end' so to speak!
Any calls recieved end October/beginning November where dealt with without any hesitation or problems, frontline staff had no hesitation in dealing with these queries so cannot understand your claims of 'denying all knowledge' hanging up on you ect (hang ups by staff are picked up daily, investigated and dealt with severly)

There was a very simple tool that your mobile number was put into and it would determine if indeed you would be at a detriment by the introduction of these charges going by past usage. if so, you would be able to terminate your contract. if not, then obviously customers would then be aware of the charges so to carry on using them would be at their own expense.

If you ran up a bill of £300, that would suggest you carried on using them AFTER being informed about the changes and the charges introduced. so in that instance you would not then be able to claim those charges back.

The 'calling card' numbers advise when dialling through to them that they are chargeable and for users to check their respective networks for the call charges. so it is user beware i think.

Sorry, that this is still an issue for you, but despite Grumpy2 saying Orange could easily have found your other account - not so! there are no links between old/new accounts and why would an assumption be made that another account existed and the search for it carried out if details of account numbers etc had been entered on a letter??