Orange - Fair Usage Policy

[MungoPL]

Hi there!

 

I started to use Orange Broadband in july last year. I`ve chosen Unlimited package, because it was told that there`s no download limit . Ok, everything was fine, 18 months contract, 35 quid a month. Then in december last year they started Free Broadband promotion for Pay monthly mobile plans worth 35 quid+. I thought, ok, why should I pay 35 quid for only broadband, when I can have mobile with 500 minutes a month and "unlimited" (3000) text per month + broadband for 40 quid/month (35 + 5 for unlimited usage). So I bought pay monthly phone with free Broadband.

 

Everything was OK till about 5 weeks ago, when I recived letter from Orange saying that my average data transfer is 30 gb per month. They said me in this letter to reduce amount of data downloaded, otherwise they`ll close my account, because I`m in breach of their so called "Fair Usage Policy". This was the first letter, and they stated that next step will be closing my broadband account:eek:.

 

Then after 3 weeks (it was today), I recived another letter from them, saying that my usage increased to 63 gb per month and they have no other option than suspending my account tomorrow, and closing it on the 5th of October. They really ****ed me off...

 

And here is their "Fair Usage Policy" which doesn`t mention anything about download limit!

 

"

Fair Use Policy for Broadband

 

If you're on either our unlimited or uncapped broadband service then our Fair Use Policy applies to you.

Why have one?

Well it's designed to make sure your broadband service is fast and reliable whenever you use it.

Some of our broadband customers use file sharing software and download large files like music and videos. This uses up lots of network capacity leaving less available for you. If they're doing this at peak times, it could mean that the speed of your broadband service will be affected.

Am I likely to be affected by the Fair Use Policy?

If you don't use file sharing software or download large files from the Internet it's unlikely you'll ever be affected by this policy. If you do, all we ask is that you do so considerately, perhaps by downloading outside the peak hours of 6pm to 11pm.

What will happen if my use is very high?

If you only occasionally have very high usage, we're unlikely to be concerned unless it becomes a regular occurrence. If this does happen then we'll get in touch to help you find ways to reduce your usage.

If your usage continues to be very high, we'll get in touch again. Ultimately, if your usage still remains excessive despite our attempts to help you reduce it, we may have to suspend your service and possibly close your account.

We don't want to do that, and with your support and goodwill we'll work with you to see if we can avoid this happening."

 

 

 

 

Now may I ask you a favour... Could You please advise me what to do now. I don`t want to lose my broadband, and stay only with mobile phone. That`s because, the reason for buying a mobile was only that I`ll get broadband together with phone. To be honest, I care mostly about Broadband, as they offer free phonecalls throught Livebox to other countries. I`m using it often because I`m Polish and I call my family in Poland.

 

 

 

I would be grateful for any help.

 

 

 

Thank You!

 

Simon

[Shanks]

Hi MungoPL, sorry to hear the hassles you have had with Orange and their FUP. I have crossed swords with two ISP's on this matter and tbh it is a tricky issue.

 

Sadly it has been tested in court and they found that it was OK for ISPs to advertise unlimited access even if there was a fup attached which effectively then limited the amount you could download etc. I think that the other problem you have, is that after getting their first letter warning you that at 30 gb you were pushing the limits beyond what they thought was fair. You then proceeeded to more than double your download rate. This probably wasn't the best tactic

 

But, in fairness to you I don't think they have been reasonable in their timing from first warning to account closure. Their policy states that they will contact you twice before taking this action. I would try contacting them and discuss their agreement with you, saying that you don't feel you have been given sufficient warning and that you are willling to reduce your usage levels accordingly if they will postpone the suspension.

 

Of course this asumes you are prepared to drop your usage. If you are not then I can only suggest that you bite the bullet and move on to a different supplier.

 

Sorry I can't offer anything more postive but this is an issue with almost all ISPs and 30 odd gb is about the average before the fup start to cut in.

 

Cheers

[MungoPL]

Thanks for replying Shanks! Your post is very useful for me. Ok, but how do you think will the situation look like when they`ll suspend my broadband account? Can I request them to terminate my mobile phone account as well, because of closing my broadband account? It would be useless for me to pay only for mobile phone (I`m using only maybe 1/5th of monthly minutes), without having broadband in this price... What do You think about that?

 

And one more thing. The increase of my usage was mostly because of the number of people (higher than usual) using my livebox. I had friends of mine staying at my home for couple of weeks, and each of them had his own laptop connected to livebox. Now they went back to Poland and the situation is different... Only two computers are sharing connection.

[Shanks]

Hi MungoPL, Hope fully if you can have a sensible conversation with them tomorrow it may not come to suspension/closure of the account.

 

Ask them to check your recent activity and it should be clear that your usage has dropped back to a reasonable level. Assure that it will remain so and you might be bale to convince them not to close it.

 

As for the contract if they are both part of the same package I think they will have to cancel the whole lot which will include you mobile. If the contract you have is a for internet access and mobile calls and they cancel your internet access because they say you have broken the terms of the contract i.e. by excessive downloading. Then I can't see how they can keep you tied and liable for one part of the contract but not the other.

 

Hopefully someone else will be along shortly to clarify the situation here but, I guess some of it depends on whether you want to change suppliers for one or the other. If your download usage is going to remain at around 30gb then this may not be an option for you anyway.

 

Cheers

[MungoPL]

So. Now I`m really ****ed off. I called Orange (f*cking) Customer (Annoying) Service a minute ago. And very unpleasant woman after taking my details like BT landline tel number etc. told me that my account will be closed and there is nothing I can do about that. And then she asked me if I want to take my MAC code. Can You please help me now. Anybody who knows the problem? Any idea?

[Shanks]

Hi MungoPL, I'm not sure if it is too late but i have found in the past if you get a particularly objectionable phone monkey in customer services it's worth a try calling back and a bit later and seeing if someone else there is willing to take a more co-operative approach. Calling at 5pm on a Friday you likely caught somone at the end of a hard day. They were far more interested in going to the pub or back home to catch up on Eastenders than they were to make any effort to help someone.

 

If the CS line is open now try again and tbh you havn't go a lot to lose.

 

Did they discuss how they would handle the mobile part of the contract with you? Are they withdrawing the lot?

 

If they are adamant that they are going to close the account then you must get a MAC code from them. Your new ISP will need it to get you started and without it you may lose the connection then have to be reconnected, this can take weeks and there is usually a £50+ charge to do it. With a MAC code it can be done within a few days and usually without penalty.

 

Then I guess it's time to look for another ISP.

 

hth post back and we'll take it from there. Cheers

[MungoPL]

Thanks for replying again Shanks.

 

I went to Orange Shop yesterday, and I spoke to one of their staff. When I told her about everything, she called Orange Customer Service, told the operator what is all about, and passed me to the phone. I was told exactly the same as the day before, but in more politely way. Woman told me that the account will be closed automaticly, and there is nothing I can do about that. She also told me that she understand me, and if she could do anything, she would have done it. Now what can I do? Anybody has got an idea for letter to their Customer Service? I`m not so good to write an official formal letter. Anybody who can help?

 

Thanks

[Shanks]

Hi MungoPL

 

I think before you go any further with letters etc. you have to be sure that you are going to be able to reduce your monthly usage to comfortably below 30gb a month on a consistent basis. If this is not posible then tbh I think there's little point in fighting this battle any more with them. You *may* get them to reconsider but without a reduction in usage you will be back to square one within a couple of months anyway.

 

Is this posible for you?

 

Cheers

[MungoPL]

I`m sure that I`m able to reduce this usage. That`s not a problem. The thing I care of mostly are those free calls to Poland. None of other ISPs in UK provide free international calls both to landlines and mobiles 24/7.

 

Can somebody help me with this letter?

[Shanks]

Hi MungoPL, try this...

 

 

Dear Sir madam

 

Re Account No. ******

Telephone No. *******

 

I am writing in response to to your letter dated ******. I understand that my past broadband usage may have been in breach of your fair usage policy. Howvever I have now taken significant steps to ensure that my usage is now, and will continue to be well within your indicated guidelines.

 

Your web site, which outlines your policy and how you will enforce it, does state that you will provide at least two 'warnings' before the threat of account closure becomes a consideration. I was notified only once that my use was excessive and the next letter from you informed me that you would be closing the ccount. This level of notice is therefore contrary to your your quoted procedure. You also mention that "with good will and support we'll work with you to see if we can avoid this [account closure] happening"

 

I have demonstrated my good will in this situation and agree to moderate my usage in the future. Therefore I would be grateful if you could please reconsider your decision to close my account at this time.

 

Should you be unwilling to comply with this request, I would be grateful if you could provide an explantion as to why you have not dealt with this matter in accordance with your published process.

 

I look forward to hearing from you.

I have taken the following from their web site so you will need to include all the information requested below (in bold) so that they can deal with the complaint without delay. It also states that written letters can take up to 5 days before a response is received whereas emails will get a reply with 48 hours. Given the timeline you have before cancellation I would email this to them

 

 

 

• If you would like to e-mail us, simply go to our ‘help channel’ (Orange UK - Contact Us) and follow the instructions. We aim to reply to all e-mails within 48 hours. However, remember that e-mail is not a secure way to exchange personal or sensitive information.

• You can send your complaint to:

Orange Customer Care

PO Box 486

Rotherham

S63 5ZX.

25. How we will deal with your complaint

 

This will depend on how you make your complaint. However, when you contact us we will need to ask for:

* your e-mail address;

* the phone number from which you dial the internet;

* your date of birth;

* your full postal address (if you can complain in writing); and

* your password.

If you can have this information to hand or include it in your original complaint, it will speed things up.

Once we receive your complaint we will record it. If you write to us we will give you a reference number, which we will let you know and will ask you to quote when you contact us about the complaint.

 

We do try to settle all complaints immediately, but sometimes we may have to investigate the matter before we can get back to you. We aim to reply to complaints made by e-mail within 48 hours, and complaints made in writing within 5 working days.

 

If you are not satisfied with the way we deal with your complaint, you should ask for it to be considered again by someone with more authority. You can do this immediately if you are on the phone or we will arrange for someone to contact you. If you have asked for this by e-mail or letter, you will receive a response within 48 hours for e-mails and 5 working days for letters.

Hth, post back if you have any other queries. Cheers

[MungoPL]

Hi!

I`ve send them letter on wednesday, they should have recived it by thursday, it was recorded special delivery. I still have internet connection at home. But they`ve switched off my internet telephone service, and I can`t call for free to Poland, I can`t call anywhere. When I tried to log on to orange internet account on their website I logged in, but there was no options availible, apart from pay-as-you-go ;/ i don`t understand that...

[Shanks]

Hi MungoPL, it sounds like they have carried out their threat then. Your letter may have got through, although with the post the way it is at the moment there is no guarantee. If you sent it by special delivery then you can check on the Track and Trace section here http://www.royalmail.com/portal/rm to see if it was signed for.

 

Other than that it looks like you are going to have to find another route to get the cheap calls. Did you get a mac code from them?

 

One of the best deals I have found is 1899.com. It is a free carrier service so you need a BT line and you just dial a prefix number before whatever number you would normally dial. It is a free to join system and they are currently charging 2p per minute to Poland. I know it's not free but 2p a min isn't bad. It would also free you up to join whatever ISP you want, posibly one with a more generous fup.

 

Or you could try any of the skype type services. Although there is usually still a connection charge and it can cost a fair bit albeit a lot less than BT's rates.

 

Cheers

[derekmcl]

Hi shanks and mungopl

 

I am having similar problems with orange. I was originally a wanadoo internet customer with a package that had a 2 gig limit. I went over this limit frequently and by a lot. I got a warning letter from them which mentioned a 40 gig limit. This happened about 18 months ago.

I upgraded to their unlimited wireless package, and got a mobile phone package from them thus making my internet payment a measly £5 a month.

About a month ago I moved house and contacted orange to move my broadband with me. This all went relativley smoothly, although it took a couple of weeks because its a new house with new phone line etc.

Then a couple of days ago after about a week of being online again. my internet connection failed. I got in touch with orange expecting that i'd set things up wrong or there was a problem with bt's phone line and was told that i was abusing their Fair use policy. I explained that i'd had no warnings and no opportunity to reduce my usage but was informed that it was too late, there was nothing he could do. I was told that my average usage had been 41 gig and their FUP recommended a limit of 40 gig. He accepted that I hadn't had sufficient warning and was sorry but said that my account was "targetted for closure" and ther was nothing that could be done to stop it.

 

In my opinion, orange have little time for customers who have taken up their free internet offer. I am now about 8 months into an 18 month mobile contract that I only signed up to because it meant free internet(In my case £5 for wireless unlimited internet).

 

Ideally I would like to stay with orange because other than this it has been fine and the deal actually works for me. But as they have already cut me off the least i would hope for is to be able to get out of my mobile phone contract. Any ideas?

 

Intersetingly, unlike mungopl, they have stopped my internet usage, but the phone plugged into the livebox still works, cynically I suspect this is because i never use this feature.

 

Cheers

Derekmcl

[MungoPL]

They`ve cut off my internet connection yesterday about 4 pm. And I`ve checked royalmail website and it says that letter have not beed recived yet . I`ll wait for their reply.

[Shanks]

Hi derekmcl

 

Sorry to hear you have been having hassles from Orange as well. It seems like they are taking a zero tolerance view on this and other issues. I am aware that they are making these account closures with very little/sometimes no notice at all.

 

tbh it sounds like you're almost better off without them derekmcl, I would contact them and confirm how they intend to deal wiit he thremaining part of the contract. I think they are going to find it very difficult to hold you to one part when they have cancelled another part of a contract. If you end up having to change ISP make sure you get a mac code from them, it will make the change far easier and cheaper.

 

I woud agree with your cynical conclusion although I would expect that part of the service to be stopped soon as well. I would call them and find out exactly how they intend to apply the rest of your contract and then work it out from there. Post back here if you have any problems

 

Cheers

[Shanks]

Hi MungoPL

 

tbh your letter is presumably stuck in the postal strike so it's unlikely to get a response within the next two weeks. As they have already cut you off, I wouldn't think they even going to consider reversing this descision. I have known a few of these situations and while I have seen them agree to put off a closure I have never known it to be reversed once it is completed. I would call them again, explain the situation. Confirm that your usage will be lower in the future, push on the fact that you were not given the notice stated in their t & c's and hope for the best.

 

If they refuse to deal then ask for a mac code and start looking for an alternative deal. You are very unlikely to get a different result from your letter, and this way saves you waiting around for days on end while they take their time to get through the mail.

 

Cheers

[derekmcl]

Hi shanks

Many thanks for your reply.

I have already obtained a MAC code from orange, although it took them 3 days to supply it. I think their purge on us evil FUP abusers overloaded their MAC creation system. I have instructed BT to take over my Broadband supply, lets hope they prove to be a bit more sympathetic to us high users.

I have written a letter of complaint to Orange, borrowing heavily from the one you posted above, thanks for that. In it i have asked that if they don't reconsider their decision to close my account then i should like to be released from my mobile contract. TBH I dont expect much joy from them as I am sure they will state that somewhere in T&C's, In the very, very small print, it says that the two are seperate contracts and not reliant on each other.

 

Incidentally, on the days following my account suspension I could not access my Orange members Centre Account. Today it has miraculously re-appeared and I have the option change my speed or package, weird!

 

Mungopl, sorry if it appears I have hi-jacked the thread, just our experiences seemed very similar and , I thought, worth sharing. Hope you have more success than I anticipate I will.

 

Cheers

 

Derekmcl

[MungoPL]

Derekmcl that`s not a problem, and thank you.

 

I tried to check status of delivery for my letter and I recived the same result as yesterday, saying that letter has not been delivered yet sh*tty post office...

 

I don`t insist to stay with Orange, i can use different ISP. But the thing is, that I`d like to get rid of my Orange mobile phone contract. Because without internet it`s unprofitable for me. I made the same mistake as Derekmcl and I went from Unlimited Orange Broadband to Mobile Phone Contract with Unlimited Broadband in it costing me only £5/month.

 

Is there any way of cancelling mobile phone contract without any additional fees, because of the fact that my internet account is closed? And at the moment Orange is not providing me functionality that was mentioned at the beginning when I signed mobile phone contract with them. (I know that`s not a mobile phone sub-forum) But if it`s not possible to cancel mobile phone contract using this excuse, then what is the procedure of leaving Orange, and how much will it cost me? Contract ends in May next year.

 

Thank you in advance.

 

Simon

[derekmcl]

Hi

Mungopl,

I, like you, am attempting to get out of my mobile phone contract on the basis the they have terminated my broadband agreement. I'm not sure how effective this will be but will let you know what response i get from them.

 

My internet is now back up and running! Anybody know if this is standard procedure after a MAC code has been issued, or could it be they have changed their mind about disconnecting me, or most likely, in my opinion, just another example of their ineptitude.

 

Cheers

[MungoPL]

Hi!

My girlfriend just came to my office and told me that telephone connected to Livebox is working and she can make phonecalls. There is no "Service you requested is not availible" message anymore while trying to call... Maybe internet will be up and running when I`m back home...

[2Grumpy]

They say in the policy that they will attempt to help you to resolve your high usage issues

 

I don't see any evidence of them doing this with you

 

That, along with only one warning letter and teh short time between the warning & cutting you off might mean that they have broken their t&cs - they might be in breach of contract.

 

You could phone customer services & ask for an email address & telephone number of their complaints dept - they do have one (phone & email that is).

 

Grumpy

[MungoPL]

I`ve send them this letter you proposed me over two weeks ago, and I still haven`t got any reply from them... any ideas?

[buzby]

It takes them nearly a month to respond. (And there's also been the postal strike).

[MungoPL]

It's been over a month and I still haven't recived reply from them. Any idea what can I do? Thanks in advance...

[buzby]

You could always phone and ask if the letter has been received (they are usually scanned and added to your account, so it should be easy to check.