Help with Orange, trying to terminate contract.

[Dalew]

Hi People, I do hope someone can give me some advice and help on this somewhat difficult situation my friend has got her self into? The help and advice I am seeking is for the contract to be terminated.

I am currently being appointed “Power of Attorney” over my friends personal and financial matters, due to her mental stability. In a nut shell she has come out of a very difficult relationship, and finding her new found freedom, she went and done and bought a few things she doesn't really have need for, one being a new mobile phone contract from an Orange shop, even though she is already a customer of Orange on a pay as you go, and has been for years! This was on the 8th Oct 2010. Since then i have been fighting to get this contract cancelled, like everyone else who has posted on here regarding Orange i'm getting nowhere fast! Its like banging your head against a wall, customer services tell me sorry we cant do nothing because it was purchased from an Orange retail shop, and refer me back to them, and guess what Orange shop staff say the same and tell me to call customer services? NO ONE WANTS TO HELP! No thats a lie, the best and only advice i've been given by the shop staff was, and wait for it, because i was gob smacked by it to say the least, and that was to stop paying the bill and the account will be handed over to the collections dept! That way someone will in contact with you? What a great bit of advice, i think not! Where on earth do they train these people?

Anyway rant over, what can i do? i've sent an email to the executive office, no reply as yet? i've just sent one to Jonathan as that seems to be a good start going by what i've read.

O i must add the handset doesn't work correctly to boot, i've been back to the shop 3 times and as yet due to no stock ive been unable to exchange the phone. Again the only advice they gave me on this was to go around all the other Orange shops until i find one that has stock and exchange it there? My god what are these people like? Anyway what can be done if anything because i'm at my wits end.

Any advice would be very grateful.

[Dalew]

just wanted to say hi and thank you for giving such great information, i'm learning so much already! only wished i had found the site a long time ago!

 

Thanks again

[silverfox1961]

Hi and welcome to CAG

 

just wanted to say hi and thank you for giving such great information, i'm learning so much already! only wished i had found the site a long time ago!

 

Thanks again

 

You would be surprised at how many times that statement has been said.

 

When you are ready, post in the relevant forum and I'm sure help will come along

 

Fox

[buzby]

Hi Dale, Welcome to CAG.

 

Unfortunately, there's nothing you can do to wave a magic wand and make a binding contract disappear. With a PoA, you can certainly negotiate on her behalf, but this will be limited to agreeing a termination and sorting out the amount due under termination to close the account early. If, what you are asking, is why don't Orange treat your friend with more sympathy, the answer - as you'll probably guess - everyone would be at it, in an attempt to find any way to wriggle out of the service and avoid paying for a service that initially looked great on the day, but later the financial commitment hits home and the phone becomes a millstone.

 

Of the issue regarding the handset not working - you did not say how long she had her handset for, if it has failed, then Orange must replace it under the SOGA requirements. Being told they have none in stock doesn't cut it. They need to find one or she'll repudiate her contract. This can only be done in the initial stages, so if she's had the phone for more than a month (but under 6) she can squeeze them.

 

Providing she took out the contract herself, and she was over 18, then it is legally enforceable. If she packs it in, it would be most unlikely that she'd be taken to Court, all that happens is that they'll fry her credit file, but even if she doesn't pay them another penny, this will disappear in 6 years anyway. (But there may be a few DCAs that feel up to the challenge of getting money from her!).

Edited October 21, 2010 by buzby

[maroondevo52]

Hello and Welcome, Dalew.

 

I've started a new thread for you.

 

Regards.

 

Scott.

[Dalew]

That's a fair and to be honest i can't disagree with what your saying, however i have tried to keep my original post as short as poss, i have left out one or two details that i feel wasn't very suitable to post as you can imagine when it comes to someone's mental health. I guess what i'm trying to get at is, i would love nothing more than someone to contact me from orange, which is what i have been requesting via email, so that i can discuss and should they require it, medical evidence can be submitted to them. I wouldn't mind its not as if my friend went out and signed up for a new Iphone on £40 a month contract, it's £15. a month but its the fact i just cant get to speak to no one who has the authority to say i've reviewed and looked at your case and give me an answer yes or no, either way i owe it to my friend to do something, even if i'm not successful, i hope that sense?

Anyway as for the question regarding the handset, this was part of the 24 month contract that she was silly enough to agree to on the 8th of this month, however trying to get this exchanged is just as difficult and as frustrating then speaking to customer services!

[jacktheband]

Hi Dalew. There might be light at the end of the tunnel. I said might (so don't get too excited yet!).

 

Firstly, you seem to be quite peeved at Orange but i'm not too sure why. Your friend has taken out a contract and now does not want to fulfil her legally binding commitment. Of course Orange aren't going to turn around and allow out of the contract. They are a business, not a library. You say you seek to speak to someone who has the authority on such matters and get a definitive answer but it seems as if you have spoken to many such people and have been given a definitive answer quite a few times. The contract will simply not be terminated due to a change of heart.

 

However, the fact that the phone might be faulty gives you a glimmer of hope. If it is faulty within 28 days since taking out the contract then it can be rejected as unfit for purpose and the contract it came with terminated (although line rental and calls for the time it was connected would still require to be paid). This won't be a case of simply telling the store that it is faulty, i'm sure their staff will want to run their own diagnostics before agreeing that it is faulty and not just user-error or a quirk of that type of model. As they have already talked about replacing the phone then it seems that they are in agreement that it is faulty, you can refuse a replacement and insist on the contract being terminated in this case (key thing is that it is under 28 days since beginning of contract, your friend will probably have to be there with you as it is her contract).

 

So there's my advice. Can't cancel contract due to changing mind about taking out the contract, but can use the Sale Of Goods Act as a lucky get out clause in this scenario.

 

Do post back and let us know how it goes.

[MARTIN3030]

2 threads merged

[Dalew]

Thank you for that bit of good advice Jack its very much appreciated. However, i would like to mention that it's not so much of a change of mind, as more of, not in the right frame of mind when signing the contract! I only wish my friend would of purchased the phone etc via the web site, at least that way i could of returned it etc. Sadly mental illness when it strikes can make people do things they wouldn't normally do, hence the reason i've taken control of everything! I'm just pleased i did it when i did because she was looking at a new car!

The reason i seek to find someone with authority is because i've tried the customer services dept and the staff at the Orange shop where it was purchased, however neither would give me answer, both would give the same answer, we don't have the authority to do it? customer services replied with the only people who can this would be the shop? and the shop tell me no its down to customer services? Its for this reason i want to seek someone who can give me a answer, clearly there must be someone within the orange group who can say yes or no? I've even offered to pay for the phone out right as long as its replaced, and a few months line retail as a good will gesture? Alas all i get is sorry but i dont have the authority to make that decision?

[jacktheband]

And that's where the fob-off lies. The store do indeed have the authority to make that decision. How on earth do they manage to trade if no one in the store can deal with return issues? Crazy stuff!

 

Anyhoo, the faulty return is the way forward. Deal with the shop, ensure that they agree that the equipment is faulty, refuse any offer to replace it and insist on contract termination. You are in your full rights to do so, as long as it is indeed faulty and within 28 days. No point in going down the mental health issue route, i'm sure that's a tricky route which will be more of a nightmare than it's worth. Go with my suggestion and you'll be in the clear.

[Dalew]

Thank you again Jack that's very good sound advice. I can understand where your coming from with regards the health issue, i guess i'm trying to be too upfront and honest with whats occurred, when in actual fact good old fashion consumer law knowledge will work, and be far more successful. i will keep you updated. I'm so pleased i found this site!

[Dalew]

Well here is my update.

I got a reply to my email sent to the executive office at orange, asking for termination of the contract, and i'm pleased to say they accepted the reasons i submitted to them. They requested of course medical evidence to back up the claims i had stated in the form of a letter from my friends GP, and as from yesterday 4/11/10 the contract was cancelled.

 

I wish to take this opportunity to thank everyone one the site for there advice on this matter.

But i think its only right that i take this opportunity also to thank the staff of the executive office at orange for dealing with my friends case in such a professional and sympathetic manner, its been very much appreciated.

[maroondevo52]

Good stuff, Dalew.

 

Thanks for the update, I'll pass on the pm you sent me.

 

Regards.

 

Scott.