Intek/orange

[Darren]

I entered into a contract with Intek Torquay branch 22nd Sept. The phone I wanted was not in stock, and was collected the following wednesday by my wife. She asked about my phone number and was told it would take up to two weeks to transfer. I didn't want to pay line rental on both phones so I immediately rang Orange, and was told that they had not been given my PAC code. I gave them the code and my number was ported the following wednesday. the following morning I had a text saying I had 3 voicemails (all were left the wednesday evening) and was unsure why the phone had not rang. when I got home that evening I realised that I cant get a signal at home. I called Orange and they confirmed that the signal in my area cannot be guaranteed. I told them that I wanted to cancel, they agreed as I was well within my 14 day cooling off period.

 

I canceled in writing with the store (also sent a copy to head office and Orange) I received a call from the person who I dealt with at the store who promised to sort it out and cancel the contract. She called me again on the saturday and told me nothing could be done until monday, so she would call me again monday to sort it out.

 

Monday - no call

Tuesday - I called and was told someone will call me back

Wed - no call

Thurs -I called and was told someone will call me back

Fri - I called Orange complaints dept. she rang intek and arranged for me to take the phone back.

Sat - I took phone back to store and they refused to accept it

 

I have called, written (sent recorded), faxed and emailed - they are still ignoring me, and Orange are still being a bit of a pain saying they cant do anything without the stores permission.

 

 

Any ideas?

[Human Writes]

Any ideas?

 

Not really, you don't have a legal right to return the phone.

 

Mobile phone contracts are service agreements not credit agreements and are not covered by the Consumer Credit Act, this means you don't have a cooling off period unless the shop or the network want to offer one to you.

 

If you returned the phone to the store within 14 days they'd probably have cancelled it for you, but from what your saying you sent them a letter within 14 days which they responded to, asking to return the phone, yet you didn't actually take the phone back to the store until the 14 October, when you purchased it on 22 September?? At least that's how I'm reading your post.

 

From the look of it you've had the phone in your possession for 22 days after you bought it. The shop won't cancel anything until your stood there phone in hand waiting to give it back, its just common sense as otherwise the contract would be cancelled, they'd lose their comission and there is nothing to stop you dissapearing off into the distance with the phone, your just going to have to argue it out with the shop and see if they will let you cancel the contract.

[buzby]

Inclined to agree. By still having the phone in your possession you lose your rights to return (even under SOGA) as your contract does not guarantee service everywhere. That said, Orange may be able to assist, but not let you walk away from the contract. Contact them, as your dealer has done all they can be reasonably expected to have.

[Darren]

Not really, you don't have a legal right to return the phone. .

 

Yes I do, I have now had legal advice

 

If you returned the phone to the store within 14 days they'd probably have cancelled it for you, but from what your saying you sent them a letter within 14 days which they responded to, asking to return the phone, yet you didn't actually take the phone back to the store until the 14 October, when you purchased it on 22 September?? At least that's how I'm reading your post..

 

I did ask what they wanted done with the phone, both in the cancellation letter and when I received the call from them, I was told to keep it until they had sorted out the cancellation. It was Orange that arranged for me to return the phone, and when I did Intek refused it.

 

your just going to have to argue it out with the shop and see if they will let you cancel the contract.

 

There is no arguing, I have now had legal advice and have writen to the MD at Head office, as they are in breach of contract.

 

All has been agreed with Orange, but they still need the cancellation from the store.

 

I agree about still having the phone but I cannot force them to take it back.

 

Orange said I could post it special delivery but that won't guarantee they'll cancel the contract.

 

Intek have said that if I take a new contract with a different network they will cancel the Orange one, but it has been 2 letters, 4 emails and 7 phone calls and they still haven't called or written to me.

 

Would you sign another contract with a company like that?

[buzby]

Legal advice can also be wrong. Which section of your contract (out of interest) were Orange in breach of?

[Darren]

Orange are not in breach of contract, Intek are.

 

I told the girl at the shop that I am a plumber and I cover 'call outs' therefore a good signal was more important than price, she told me that orange had the best signal in the area and it was better than o2 who I was already with. This was only verbal but she has since left a message on the phone confirming this, which I have recorded. I also asked for a 12 month contract and signed a 12 month contract, but when I offered to buy out the contract orange tell me its 18 months, although I have been told that they cannot hold me to that as the agreement signed clearly states 12 months.

 

Orange have agreed everything and told me that they are ready to issue my PAC code as soon as they hear from Intek, and assure me I will get my number back. This is what has been worrying me most as I have had it a long time and alot of my customers only have that number

 

I am going to buy a PAYG mobile on o2 tommorow and have the number transfered so I wont miss any more call outs, as I have missed a couple already.

[Darren]

Problem sotred.

 

I had a reply from Intek saying that I signed a form in which I agreed to the following term:

 

"I agree that I am only able to cancel my contract within the initial 14 day period, and only where a new contract is taken out as a replacement prior to the cancellation taking place."

 

I replied to tell them that this is an unfair term under the UTCCR 1999(as advised by Consumer Direct) and it does not apply in this case as it was them that breached the contract.

 

I also sent Orange a letter saying how fed up I was with their refusal to intervene.

 

Last week I received a reply from Intek saying that all their terms are legal and above board, and taking legal action would be futile as there was no legal case to answer - where do they get such professional sounding legal terms from?

 

I then spoke to Consumer Direct again and on their advice started drafting an N1. When it was nearly complete I had a call from Orange Executive office, who agreed to cancel the contract asked for the IMEI no and 5 mins later I had a PAC code. Today my number has been transfered and the phone sent back (to Orange).

[buzby]

Glad you got it sorted - was it Bristol or Darlington that dealt with you (if you know?)

[Darren]

I dont know where that fax no conects, but it was Darlington that the phone was returned to.

[buzby]

Tks - the EO was normally in Bristol (where the Executives used to hide out)! I then heard Darlington were fielding these matters and I wondered if that had happened to you.... looks like it has been transferred. Thanks!