Mobiles.co.uk & Orange

[Surfer01]

Last year as we were selling up our home I decided I needed a 3G phone that would allow me to connect onto the Internet and download data. I made numerous inquiries and mobiles.co.uk came up with a Orange package that gave me the minutes and also offered a free 3GB download for the 1st 3 months. It was never stated whether it was 1GB per month or 3G over the months.

At the time we had 2 x pay as you go phones and I was a bit reluctant to enter into any long term contracts. An alternative way was to purchase a Vodafone 3G card which would allow me to connect to the Internet for £35 per month excl VAT and keep the PAYG phones.

I questioned by email what the price for the download would be after the 3 month trial period and in writing they responded that it would be £4 per 1000 megabytes. I thought this was very reasonable and consequently signed up for 2 new Nokia 6680 phones on the same package.

On the 29th March I received a bill for over £400 for the period 23/2/06 to 22/03/06 which caused me to turn shade paler than white. Realising that the DD would bounce I cancelled the DD with Orange and contacted mobiles.co.uk. After much negotiation and because I had it in writing they refunded me the data charges on the 19.04.06. At this time I just assumed that there had been a clerical error on the package and that the 3G data download would be re-instated at £4 per 1000 megabytes.

At the end of April I received another bill again for approximatley £400 and once again I questioned this with mobiles.co.uk. This time they refused to pay up stating that I was aware that the 3G data download would be charged at £1 per megabyte, however as I only received my bill at the end of March 2006 how would I know that was incurring charges for the period 23/03/06 through to the 29/03/06 and anyway I was still under the impression that there had been a clerical error. At no time did they advise me that there had been a clerical error and to stop downloading datauntil the issue had been resolved.

Either way I was induced into signing up for the contract because I would only be paying £4 per 1000 megabytes data download. I feel that the contract was mis-represented to me and is therefore invalid.

Orange have been very co-operative about this and have put me back onto the 3G trial data download but only from the 15/04/06 and only until the end of my contract. Another issues is that at the end of the contract, I will need to go back to Plan "A" and purchase the Vodafone card thus putting me even more out of pocket.

I have written to Trading Standards but no reply so far. Orange are going to start chasing for the outstanding amount soon and may even cut off out phones. I cannot blame them if they do this as it is a basically a bad debt due to misrepresentation by mobiles.co.uk.

As mobiles.co.uk are refusing to pay up the data charges part of the bill, this is causing me a great deal of concern and I would like to know if there is anyway I can force their hand prior to taking it to a small claims court.

Is the contract invalid due to mis-representation?

There is also the question of the arrears being registered against my name.

What about when the contract ends as in normal circumstances the supplier will rollover the contract, but in this case they may not and I will need to purhase the additional card. I need the data download but not so much the free minutes as my usage is below 60 minutes a month.

Any advice appreciated.

This is the 3rd bad thing to happen to us within a period of 2 months. I guess as they say everything comes in threes. Up to now we have not had any credit problems, but this is causing concern.

You do not mention your terms and conditions that you signed up to. All the charges should be listed there and you have 14 days to reject it and return the phones. On the point about after the 12 months are up you will have to buy a 3G card and thats more expense, surely you would have been in that position regardless of this hiccup?

I would be concerned about your credit file, and seek advice from orange about this.

I have also found this on their web site, so they have not "hidden" the info unlike some internet providers are known to do...

Monthly Bundle Monthly Charge Inclusive Data Additional Data Charge
World Access 4 £4.00 4Mb £1.00 per Mb


Im really not sure, unless your agreement says otherwise, that you will be able to get out of paying this, Im sorry to be the bearer of bad news!

Lou x

[Surfer01]

The deal was done over the Internet through mobiles.co.uk who are an agent for suppliers. My problem is with the agent, not the supplier Orange as the agent misrepresented the package and not Orange. The terms and conditions do not state the package. The package comes as "x" minutes per month etc plus Try 3G data download for 3 months but does not mention the cost of the data download after the 3 months and that is why I specifically asked about the cost of the download after the 3 months. They replied in writing that it costs £4 for 1000 megabytes after the three months.
If I had taken out the Vodafone card at the beginning I would not have changed my phones to the 3G network As the Try 3G data offer ends at the end of my contract in order to continue to download data, I now have an additional expense over and above the purchase of the phones. At present these phones are not on a PAYG and as far as I know this will not happen in the near future so I can't switch to that at the end of the contract. I can revert back to my old phones, but then the 3G phones might as well go in the bin!

Why can you not put the new phones on PAYT after the 12 months?

Sorry, Im just trying to find a way around this mess for you. If they wrote to you stating it was 1000 MG then you have a VERY strong case, I suggest you try to find out who the director is and write a very stern letter, but keep it simple, and include a photocopy of the 1000MG letter too!

So the cost of the MG is no where in the small print at all? Just checking as its on their website, and usually they HAVE to include this. I worked for Vodafone so I understand...

Lou x

[Surfer01]

As far as I am aware there is no facility bfor 3G phones to go onto PAYG at this stage. I suppose I could go to normal GPRS after the contract expires.
I have a copy of a second email whih I sent to them querying the package and specifically asking about the data download at £4 per 1000mb.
The issue is that initially the data download was 3GB for first three months and nowhere does it state that after the 3 months it will revert to another tariff, i.e. £1 per 1Mb.
Thanks for the help so far

I understand about the 3G now...but would this have happened anyway after 12 months? Im not making sense perhaps, but surely your would be without your 3G in anycase unless you either a. carried on with your contract (you can swap tariffs after 12 months) b.cancelled your contract and go elsewhere.

What was the exact tariff you took out? Just so i can check the details ect..

Thanks a lot

Lou x

[Surfer01]

It was "Your plan 200" which included the Try 3G data package for the 1st 3 months.

Your Plan 200
Free Music Stand &
Free weekend calls
Free
Bluetooth Headset
or Free 3G£ 30.00200 mins Any
Network Anytime *

Also on mobiles.co.uk website;

1 February 2005 sees the launch of full 3G services from Orange. There are many reasons to choose Orange 3G including:

• 70% population coverage and widest UK integrated network
• dedicated 3G customer service
• exclusive and official film, music and sport content

You can simply connect to any standard Your Plan bundle with a 3G phone and in addition can try all Orange 3G related services free:

• 60 minutes of Video Calling per month included for first 12 months (YP400+)
  or
• 30 minutes of Video Calling per month included for first 3 months (YP120 & YP200)

plus 1000MB data included per month for first 3 months – access Orange World, email and the internet

NO mention of price for 1000 mb after trial except what I was told in email. I assumed that £4 for 1000 mb was right.

Blow is the email received from them when I queried the price after the promotion

Hello,

Thank you for your email.

After the 3 month promotional period, 1000mb's will cost £4 per
month.

We also offer the following handsets that you may be interested in
viewing.

Nokia 6630

http://www.mobiles.co.uk/orange-nokia-6630.html

and the Sony Ericsson K600i

http://www.mobiles.co.uk/sony-ericsson-k600i.html

Regards,

XXXXXX

My reply;

Hi,
Just to clarify. I get a 3G handset Sony Eriksson, 200 mins a month cross
network calls with 3 free gigabits per month for the first three months
downloadable at speeds up to 300k plus and thereafter 1GB per month at £4,
all on a 12 month contract.
Regards,
Ian M Kirkman

Hope this help;s clarify the situation.

Right then they have not got a leg to stand on then!!!! Write a letter demanding that htey stick to the tariff that was agreed or you will be able to effectively terminate the agreement as they have breached their terms....(im not sure you will be able to do this in reality but they may back down)

Ususally Billing departments can add discount codes on to tariffs to lower the cost of a add on ect, so unless they have a rock solid defense for their mistake, then I would expect you to continue using 1000mg @ £4 even though this is VERY cheap, and they will be hugely out of pocket for doing so....no other network offers it this low as 1000mg is alot on a mobile to get through!

Good Luck

Lou x