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dial878

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  1. I guess they must have tried replacing your livebox, in which case if they still couldn't provide you with the service, as advertised, then you should have been able to liquidate the contract (they have an obligation under the terms of service to provide you with a 'reasonable' service or something to this effect and explain what this means- I'd check their terms and conditions for the exact wording) and because they were unable to fulfil the service that you signed-up for given you a refund for areas where they failed to meet their own terms. I would advise that you try sorting this peacefully first, giving them copies of the evidence and your bills (you can make an information request to them if you don't have these) all by written correspondance (paper trail). I would also work out how much they owe you (remembering that 08, non-orange mobile calls and some international calls are not included in the free calls livebox service). Then if this is not resolved see if the alternative dispute scheme will take your case and if this is unsuccessful take them to the small claims court. Remember taking a firm to court should be the last route to take, when all others are exhausted. Good luck!
  2. This is all true. BUT the fault must be inherent from the point of sale (i.e. a design fault). There are more details- within the six month period, discussed previously, the onus is on the retailer to prove that the fault wasn't inherent at the point of sale; so they just normally replace/fix it (to avoid complicated procedures). After this time and within the 6 year period* you highlight the consumer must prove that the fault is inherent in the product, as you can imagine the retailler normally wins. The way to get around this is to show that the problem is widespread (demonstrating the problem is inherent in the product)- if you can find evidence on forums or internet that other consumers are experiencing the same problem then this can substantiate a claim that the goods were faulty from the point of sale and inherent to the design of a product. You could also consider getting an experts opinion on whether the fault is an inherent feature of the design (but this could invalidate a warranty if they fiddle with the components of the product). A famous(ish) example of this is that someone bought a laptop and sometime after six months the letters on the keyboard faded. The retailler and manufacturer refused to refund the gentlemen as the warranty period that the retailer should provide had expired and the manufacturers did not see the problem as detrimental to the use of the laptop (wear and tear is not covered by warranties or SOGA). The consumer found that the problem was widespread as they found others on the internet with the same problem. He presented this to the retailer and they could not refute the claim (he went through the correspondance route) and subsequently his laptop was repaired/replaced. Also, the situation is slightly different for manufacturers- they must ensure that their goods are durable for a reasonable amount of time although this is a cause of major contention, in the case of mobile phones you would expect the good to be durable for the length of the contract you sign (although the manufacturer and retailer are separate entities the manufacturer, presumably, must not knowingly allow the retailer to sell their products with unsuitable services). The manufacturer is therefore responsible for replacing or repairing the phone when things go wrong and when there is no inherent fault in the phone and the fault has occurred in a reasonable amount of time. Sorry for the long ramble! The SOGA isn't perfect by any means and it is likely that a salesperson on the shop floor knows the finer details and are bound to get things wrong, normally its best to do things in writing with the company- that way you have a paper trail. *this is the period in which a claim must be submitted and does not refer to how long a good should be durable for
  3. I'm glad that your problem has been resolved. It is unfortunate that you probably got a bad egg when you asked to have your phone repaire/replaced in the first instance. Just to note SOGA only requires the seller to repair or replace a good if it is faulty from the point the 'contract' commences within six months- had you not got a bad egg you should have been offered the £15 repair service or contact details for Nokia. Either way you were still covered by Nokia's manufacturers warranty which is normally valid for 24 months.
  4. Can you name and shame the company in question?
  5. I don't know the particulars but the free calls normally only work by plugging your telephone into the livebox. The free calls are made through VOIP (like skype) over your broadband connection, this can only be done by plugging your telephone into the livebox. This does mean that you have a different telephone number for the phone plugged into the livebox but you can just plug another phone into directly into your telephone line (which should be used for receiving calls only). As you have left Orange this is not much help now! But if you were unaware of this issue or were not told of this despite seeking advice, and you have already complained to Orange without resolution it may be worth contacting the Alternative Dispute Resolution scheme, every telephony company should be party to one and you can ask Orange which one they belong to, more information can be found here: Submitted complaint to ADR scheme | Ofcom
  6. The best way, if you have not already done so, is to make a formal complaint, by letter to the company. The best way to do this is to contact the CEO/Executive/High level complaints office, where someone who is well trained will deal with your complaint. Alternatively if after pursuing your complaint and reaching no resolution you can go through the Alternative Dispute Resolution route. The ADR route acts as a middleman between you and the company. Information on the ADR route can be found here: Tried to submit complaint to Alternate Dispute Resolution (ADR) scheme - no ADR scheme | Ofcom It may be worth giving the company 'one last chance' to resolve your complaint by writing to them and say that you are thinking of taking them through the ADR scheme. Although Ofcom does not investigate individual complaints you can write to them where your complaint will be logged and used for monitoring purposes you can tell the company that you intend to do this and they may take your complaint more seriously. More information here; Complaint being ignored by customer services | Ofcom Either way I would definitely take it to the ISP first by writing to them (much better than phone as you have a paper trail) and warning them as they may suddenly be poised to take action if you show them you are serious with your complaint. There's nothing worse than the empty threat of "I'll leave you" when you are still in contract.
  7. First and foremost any contract (whether through pay monthly or payg) that you signed/agreed with Orange would relate to the service plan and the provision of a sim card. The handset is separate to the contract and is covered by the warranty provided by the manufacturer, the six months you refer to is an additional level of warranty provided by Orange. Normally, when you are beyond the first six months, and if bought in-store Orange will send the handset away for repair with an administrative fee of £15 (although this may only apply upto the 12th month from purchase). If you placed the order over the internet or over the phone there should be similar arrangements and should contact Orange through customer services. The alternative is to contact the manufacturer and as long as the fault of the phone is within the terms of the warranty then the manufacturer should cover all of the costs of the repair. Information on how to contact the manufacturer should have been provided to you in the original box your phone was sold in or through the manufacturers website. Remember Orange are not at fault for your handset breaking, they do not make the phones! You are already covered by the manufacturers warranty and therefore any mobile phone company does not need to provide additional levels of protection. Finally, Orange are not breaking the law , for further information on the legal side please look at the Sale of Goods Act and the agreement you signed with Orange. Anecdotally if your washing machine broke down you wouldn't take it back to Curry's you would contact the manufacturer, the same applies with mobile phones (even though they are a lot smaller).
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