Are Orange in breach of contract?

[drmike]

On 13 May I wrote to Orange CS confirming a verbal request to cancel my contract when it expires on 26 July 2008.

On 18 May I received a letter from Orange CS giving notice that my phone would be disconnected on 14 May 2008. In the event, it was disconnected for outgoing calls by 23 May. My calls to customer services to resolve the matter were repeatedly rejected by their automated system.

On 3 June I wrote to Orange CS detailing the above situation, stating that I could not be without a phone and had taken out a contract with another provider. I asked them to provide a final bill up to 23 May.

On 3 July I wrote to Orange Collections with copies of the above letters.

On 8 July I received a letter from Orange Correspondence Dept in reply to my letter dated 3 June. It explained that there was "limited or no coverage" in the area in May, resulting in "a loss of up to 80% 2G coverage" They therefore credited my account £7.90 for the period 24-31 May (!!).

Are Orange in breach of contract by not providing a service and the contract effectively ended on 23 May?

With thanks, Mike

[stardust_john]

God, Im with 3 and they wont even let me cancel unless exact 30 days request received, wont let me do it a couple of weeks early.

[buzby]

Yes their system isn't 'set up' to allow modifications in advance of the required date. Just put a note on the fridge calendar, works for me!

[drmike]

Thanks for your interest, although it isn't the cancellation process I am asking about.

My question was whther, under the circumstances, Orange is in breach of contract and I am within my rights to cancel as of 23 May?

Thanks, Mike

[buzby]

No. Coverage is not an issue, as you'll see if you read the contract. They provide no performance guarantees, as wireless networks cannot be guaranteed to provide 100 coverage everywhere. They would be limited to terminating service within 30 days of the billing date (anything from 30-45 days in reality). If they fail to comply with this, they should rebate you to bring the amount due back in line.

[drmike]

An update

Yesterday I received a cheque for £120 from Orange to cover the disputed period (plus some extra for my trouble), although they did not accept any liability.

I don't know which action led to them to settle - (i) informing them I was about to go to CISAS as three months had passed with no resolution; (ii) copying Tom Alexander (CEO) into correspondence; or (iii) also saying I would go to the small claims court if CISAS proved ineffective.

The Executive Office took up my complaint. A short telephone conversation showed they did not understand the problem initially until I pointed them to a letter from Orange saying I would be disconnected before the end of contract.

Success. And well done Orange and its Executive Office for showing some grace.

[jody123]

Hi Dr Mike,

Do you have an address for Tom Alexander - I want to send him a copy of my letter regarding their none cancellation of an account.

Jody

[drmike]

Hi, Jody.

I wrote (registered mail) initially to:

C/o Central Office
The Point
37 North West Road
Paddington
London. W2 1AG

I can't remember where replies came from - I think most were by phone from someone in the Executive Office. I'll post again if I come across a different address, but the above one got a response.

Regards, Mike

[jody123]

Thanks drmike, but I wanted to post on Friday, so I sent signed for delivery to the St James Court address, in Bristol as per Orange's corporate website. I'll let you know if I hear anything. And as Orange do not have a number for me I assume that they will write. I'll post where the reply comes from, if indeed a reply comes, so people know where to write to.

Jody

[buzby]

The Bristol address is the preferred one, I understand that the 'executive' complaints section is actually handled in Darlington, BUT as Bristol is the Registered Office anyway, they forward everything on.