Orange data roaming charged - what to do?

[SM-MB]

Hi all,

 

here a quick overview:

 

My fiancee went to the Philippines, and

once there turned data roaming on.

 

Apparently it was not possible to call or text with it turned off, and

 

she wanted to be available in case of an emergency (me and our son stayed here in the UK).

 

She got a text from Orange with information about the usage - £8 per MB.

 

She thought it would mean 8p per MB and left data roaming on (she remembers the text saying £?8).

 

The result were several texts from Orange about data usage which were ignored as she was swamped with other texts

and busy first arranging surgery and later a funeral as a result of it. I.e. it was a pretty distressing trip for her.

 

The result of data roaming being on and apps running in the background (they were not actively used) was a usage of 200MB = £1600.

 

I realise that a good part of this is our fault, but I do not regard £1600 as an acceptable price to pay.

£8 per MB is far removed from their costs,

from the value of the service to us etc.

 

Also, their own data packages are cheaper by multiples (the same amount of data paid by packages would be about £240).

 

We've called Orange,

but the call center didn't want to amend the bill,

now we emailed them (executive office, customer service) as well, asking to amend the bill.

 

The direct debit is due soon, and I'd prefer the issue resolved before that date...

 

Questions:

 

1) Considering that there have been texts, what is the best way forward for us?

2) What is the best way to deal with the impending direct debit payment? I want to solve this as amicable as possible, and don't want to go down the route of cancelling the direct debit, getting additional charges etc.

[fkofilee]

For your benefit and to avoid further charges, CANCEL THE DD...

It will be better because you can reset it back up after all this has been sorted out...

 

You've sent an email to the execs office? Well id say that it might be an idea to wait and see what happens with that.

This was once on Watchdog... "BillShock" as it known.

 

any charges you do get charged if you dont cancel the DD you should claim back from orange.

Do you still have the original texts?

[SM-MB]

For your benefit and to avoid further charges, CANCEL THE DD...

It will be better because you can reset it back up after all this has been sorted out...

 

You've sent an email to the execs office? Well id say that it might be an idea to wait and see what happens with that.

This was once on Watchdog... "BillShock" as it known.

 

any charges you do get charged if you dont cancel the DD you should claim back from orange.

Do you still have the original texts?

 

 

I can pay the DD, so if I let if go through no further charges should come. I am just not sure if/how I'd get the money back if there'd be a solution for us.

 

The texts are gone, the Missus deleted the whole batch at some point (too many well wishing/condolence texts to read through she said). The call center people read the texts from Orange to me, so I have an idea what was in them.

[jacktheband]

One thing to prepare yourself for is the that they will probably not agree to the 'bill-shock' defence due to the text messages that were sent. From my understanding, the following texts are sent:

 

- when data is first used a text gets sent advising how much data is, what bundles are available to buy and how to buy them

- at various increments of data use a text is sent advising how much has been charged so far

- when £51 has been used then data is barred and a text sent advising that a limit has been reached and the service restricted. To lift this cap then you'd reply to the text as instructed to remove the bar and continue using data.

 

From the last point, does your wife remember receiving the barring text and did she text back to specifically reactivate the data roaming?

[SM-MB]

There have been no texts back to Orange. I thought the cap only applied to roaming within the EU?

[jacktheband]

The law changed (last year i think) to offer protection outside the EU as well: http://ask.ofcom.org.uk/help/telephone/international_3G_charges

[SM-MB]

Thanks for that. I looked on the other providers' websites, and they all have that cap in place, some at £40 some at £42.50.

 

So I paid the bill including a £42.50 data roaming charge, leaving £1557.50 data roaming charge unpaid.

 

I sent a complaints letter according to EE's Complaints Code of Practice as well, but didn't get a reply.

 

Today then an email from the executive office that they won't budge. I replied with above link, stating that I am not willing to pay more than these £42.50, and asking if there is any other option than CISAS.

[SM-MB]

Bugger. It seems she did actually opt in. She thought it was 8p, not £8, and sent a text to 6640 (she also deleted the texts, so I can't verify that, but it's what EE says anyway).

 

Is there any point in going to CISAS with this or is there no way around paying £1600 for misreading a text?

[jacktheband]

Your best bet now is to ask them to lower the amount as a gesture of goodwill in the circumstances, with the option of proceeding to CISAS if they refuse. Still worth going down the CISAS route as it is free for you but will cost Orange, so they might be more willing to reach a goodwill agreement rather than fork out for defending via CISAS.

 

The other option is to take it on the chin and not pay. This will then be a mark on your credit file for 6 years plus some usual chasing letters from debt collection agencies. So you have to weigh up whether this route is worth it or not.

[SM-MB]

Ok, it is with CISAS now, and EE put in their defence - a long list of points, essentially saying that it's all our own fault, they adhered to law and their T&C etc, i.e. we have to pay the full amount. I am not sure how to reply. Should I go both routes (a) ask to consider the situation of my fiancee/beg, b) argue the price is too high/usury, it's outlawed in Europe for a reason), or concentrate on one? What will CISAS be looking for in my reply?

[SM-MB]

I love CISAS. 8)

 

They decided 100% in our favour.

[jacktheband]

Great result. Well done, thanks for updating.

 

What were the details of CISAS's decision? Did it hinge on anything specific?

[SM-MB]

EE didn't provide enough evidence that they warned sufficiently about the removal of the data cap and that they got permission from my fiancee to do so.

 

They did provide evidence that my fiancee accepted their offer of a 10MB bundle, but they didn't include a text in their defence that stated clearly that accepting this offer would remove the data cap. The one text EE included in their defence was a sample text about a travel bundle, but a different travel bundle than the one my fiancee accepted, so it was unclear what the relation was to the issue at hand.

 

I have no idea what was texted, as all texts were deleted by my fiancee when she was still in the Phils, so the issue depended on EE providing the texts that were sent and received.

 

Not sure why EE didn't provide more texts - whether it was sloppiness in their defence, or if there were just no texts with regards to the removal of the data cap.

[SM-MB]

Well, well... So CISAS made the decision. Someone from the legal department emailed that they would adhere to the decision and waive the bill.

 

Now I received a letter from a debt collection agency, so EE sold the debt on...

[2Grumpy]

They could be collecting on behalf of EE. Either way, a swift curt letter explaining that EE's legal team have accepted a CISAS decision and cancelled the bill, so please explain their involvement and the basis of their demand. Also add you expect either confirmation that they have withdrawn their claim or a copy of their complaints procedure. Orange also deserve a kicking and a demand for an explanation - with a copy of the DCA demand & the email attached - maybe sent to their MD.