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Orange retrospectively altering Ts&Cs to cover their backs on their in contract price hikes - hoping no one will notice?


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How far are companies allowed to change their terms and conditions of a contract without informing their customers that a change has taken place – and are they allowed to do this retrospectively?

 

I am asking as my fiancé and I both have mobile phone contracts with Orange – taken out in August 2011 and September 2012 respectively, on terms and conditions which included a clause that could be used to stop customers cancelling their contracts (without fee) if Orange put up their prices, providing this increase was less than a certain measure of inflation.

 

The issue I have is that in the original Ts&Cs this clause was very likely faulty and unenforceable as it referred to a government agency that has not existed since 1996 and to a document that no government agency has published since September 2011.

 

It appears that Orange updated their Ts&Cs for policies taken out after October 31st 2012 – with a replacement clause giving a broader range of measures and bodies that they can rely on to justify their price increases.

 

However, they also appear to have altered their Ts&Cs for contracts taken out between February 2011 and October 2012 to include the new clause, and the original February 2011 Ts&Cs have been removed from their site - luckily though, I have a copy of the original.

 

Orange were not able to tell me when this change took place (although the altered Ts&Cs on their site are dated October 2012). They were also unable to tell me what steps they had taken to inform their customers of this change – and in a phone call to their call centre I have been told categorically that they have not told anyone of any updates to their terms.

 

We have no record (on my bills or in any other correspondence) of being informed of these changes to the terms of our contracts – so do not accept that we are bound by the new terms.

 

Are Orange allowed to change the wording of their terms without telling anyone that they have done so? Is it legal that they can just quietly alter the documents on their site and back-date the changes?

 

This change in wording is significant as they are now relying on the new clause to increase the monthly cost for hundreds of thousands of customers who might reasonably have grounds to cancel their contracts - they have refused me the right to cancel mine without a hefty cancellation fee.

 

Thanks in advance for any advice.

 

The old wording of the clause (February 2011):

4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period;”

 

The new wording (October 2012 – backdated secretly to February 2011):

 

“4.3.1 we give you written notice to increase the Charges (as a percentage) by an amount

equal to or less than the percentage increase in the All Items Index of Retail Prices or

any other statistical measure of inflation published by any government body

authorised to publish measures of inflation from time to time, and published on a date

as close as reasonably possible before the date on which we send you written notice; “

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If there are significant changes to terms and conditions they should make you aware of them.

 

However, I am not sure whether this should be by hard copy in the mail - or just by bringing your attention to their online terms and conditions.

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Thanks for the response.

 

We don't remember getting such a notification and my phone doesn't keep texts from that long ago. When I spoke to Orange though they told me that they hadn't sent any messages out (but then they also told me to contact their customer services email - unaware that it is not responding as it is currently being 'improved' so I'm not sure I can rely on them completely).

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It might be in your interests to use snail mail and send an Official Complaint to their head/registered office. They company is then obliged to respond to your complaint within 8 weeks - if not to your satisfaction then you can then take your complaint to one of the regulators.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...

Just to update anyone who has come across this thread, I've taken Orange to CISAS (their arbitration service) and am awaiting their reply (by the 26th April) - more details in a post on the moneysavingexpert forums.

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Just to update anyone who has come across this thread, I've taken Orange to CISAS (their arbitration service) and am awaiting their reply (by the 26th April) - more details in a post on the moneysavingexpert forums.

 

Thanks for the update :)

My partner sent them and email and they just sent a generic one back which didnt answer any pf the points raised. Weve since sent a letter via Royal Mail recorded but yet to hear anything back. They certainly like to drag their feet!

 

Please keep us updated and best of luck...not that you'll need it!

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Thanks for the update :)

My partner sent them and email and they just sent a generic one back which didnt answer any pf the points raised. Weve since sent a letter via Royal Mail recorded but yet to hear anything back. They certainly like to drag their feet!

 

Please keep us updated and best of luck...not that you'll need it!

 

I'll let you know what they say as soon as I hear back from them. It looks like EE are busy with TMobile cancellations too now.

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