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bertiebump

New Orange Contract 2 Faulty Handsets

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Hi i upgraded my current contract with orange to a further 18mths on Monday a new handset was delivered and on Tuesday the handset was diagnosed with a fault so Wensday came and an exchange via courier took place now today the replacement handset has been diagnosed with a fault and a replacement of the same make and model was offered i refused this due to 2 handsets already failing and asked them for a completly different model they refused i said collect handset and i want to terminate contract before the expiration of 7 days they said i cant do that also in the second breath said i could have a different handset but i am now to send the faulty one to them under my own carriage they reckon that they cant send a courier i feel that they are stalling for time what should i do:confused:

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just spoke to orange they reckon i cant cancel the contract until they have posession of the handset but that wont be untill after the weekend so my 7 days cooling of period will have expired what should i do

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If the phone is still within the 28 days and it is faulty, you can return it and terminate the contract, or choose a different phone. Also they will be in breach of the 7 days distance selling act, if they are refusing to allow you to return the phone! I would call back, and demand a team leader, as they are not allowing you to return it.

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Afraid not. There is no 'cooling off' on upgrades. They may offer 7 days to comply with DSR, but as I understand it they do not have to, as your contract was rolling over to a new term. Get it back to them regardless, as the worst they can do is repace or return. The best, process the return and cancel. There's all to play for

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You can certainly cancel the upgrade within 7 days using DSR, and if it is faulty then this period is actually 28 days (although this is then to do with SOGA rather than DSR).

 

I can understand why they are asking you to return the equipment as essentially the route that you would be going down is 'upgrade cancellation' as opposed to 'a fault replacement'. Upon them receiving the equipment back they would then cancel the new contract dates and revert the contract back to the previous state. You simply then initiate a new upgrade to a different handset, one which would be more suitable for you (have a search of the internet prior to choosing as reading reviews from users can give you ideas which handset are great, and which ones suffer from software probs and other annoyances).

 

As for paying to return the equipment, ask them to provide a jiffy bag, as if returning it because of a fault within 28 days then they are liable for the cost of return. Or if they cannot provide a jiffy bag at least ask them to credit your account with six or seven quid to cover your costs for P&P. Finally, make sure you send it recorded delivery and do not lose the receipt with your tracking code!

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Returning the phone as faulty, they pay the carrage. Returning the phone under DSR you pay the carrage. The thing is you want to do both.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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And for clarification, do NOT use Recordrd Delivery. If it goes missing, you have to claim condensation which is £44 max. If the phone is worth more than this (the real value, not what you might not have paid for it) you'd need to fork out the rest yourself. Special Delivery is the ONLY way to do it.

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