Orange- Moorcroft

[cetisbest]

This is my first post on these forums, so apologies if it is in the wrong place etc.

 

I bought a mobile phone from an orange store with a contract, but then decided I did not want it. Because I bought it as part of a student deal, I could not refund it. However, in my terms and conditions, it said that because it was a student deal, I could take a 12month break in my contract at any time, so I took this offer up, and took a 12 month break until my other phone's contract expired.

 

Then I went abroad for a year. While abroad, Orange decided that since it was a new contract, I could only have a 6month break, not a 12month one like the terms and conditions said, and as agreed by the store manager I bought the phone from. So when I returned, I had £361 in charges and late payment etc.

 

The problem I have since had, is that the Orange store who sold me the phone have said it is a problem I need to deal with through the company, yet the company accpet no responsibility, and say it is a problem of the franchised orange store I purchased it from.

 

I continued to try and resolve this, and my debt was passed to a company called moorcroft. As I am a student, they said I could repay them at £10 a month, and that this was the best thing to do, as the debt would never be paid by Orange due to a "third party loophole".

 

Is this true? Or are they just trying to get me to pay something I shouldnt?

 

I'm very confused and quite worried, any help at all would be greatly appreciated!x

[Perseus]

Hi cet

 

I have had dealings with Orange/Moorcroft. Moorcroft are quite relentless in their approach to gain repayment. Although on this subject-you may be in possession of your own answer in the T&C's.

 

How did you notify them of the required payment break - and did you get confirmation from anyone that you had requested it or it had been accepted?

 

If the 12 month break is in their T & C's, and you have excercised your right to use it - then Orange are in breach of their own T &C's.

 

If you have any statements, letters, notices etc that verify your account was 'on a break' - in the first instance, I would write a letter to Orange, using their communication address on any formal letters they've sent.

Photocopy and enclose their T&C's that you quote from, highlighting the section offering the 12months clause, enclose any details/letters/conversations you remember having advising them of the break request - and ask them to clarify their position. Also to justify the involvement of a Debt Collection Agency, whilst also damaging your credit file history, and casuing undue/unwarranted stress and no doubt charges.

 

I would send a letter off recorded to Orange, with a copy to Moorcroft with a covering letter stating that you dispute the charges - and why, asking them to suspend any legal action pending a reply from Orange.

 

Post back any reply on here - it will help in order for others to advise!

 

All the best

 

Perseus

[baileyboyhammer]

Hi I need help, opened an orange account in August 2005 with the promise of a free football shirt, despite numerous phone calls and emails eventually in September 2006 they emailed me to say they couldn't get the shirts anymore and I could have a £50 airtime credit, this I agreed to but for three more months they wouldn't credit it and so after more phone calls I cancelled my direct debit and refused to pay unless they produced the shirt or the credit, they then denied that the person that sent the email worked for them even though I sent them copies and eventually they called in dlc to recover the debt which I am refusing to do after reding some of the threads on here and sending off my letters to them.

Can anyone advise how I can go after Orange as they seem to not listen to reason or answer letters or emails and seem to be advertising goods that they cannot supply, any help would be great as this is driving me round the bend

thanks

[buzby]

You are in a pretty weak position - they had you under contract which you broke. The promotional offer is a separate issue and has to be dealt with in isolation. You would have been within your rights to pursue them for the agreed alternative offer, and even take them to court for the value of the offer they initially agreed to refund.

 

What you have done may seem a reasonable retaliatory action, and it would have been if they had not tied you to a contract. The contract takes precedence, and in any action against you they would win as you've not completed your side of the bargain. Yes, they didn't provide the shirt or the promised compensation but the way to pursue this is to take it up with the Executive Office in writing, explaining the problem and the what you want done.

 

Breaking your contract just opens all the horrors of a default on your credit file and a mess you really don't want to get into. Restart the payments if you can to prevent the contract cancellation, and demand the agreed inducement (or an alternative) is provided.

[Perseus]

Hi

Could you also quote that the 'football shirt' was an inducement / deciding factor in entering into the contract, and to now be aware it was neither available / nor would an offered alternative ever materialise - then the initial contract has been entered into under a misrepresentation (all-be-it innocent), and may be a bargaining point to re-instate the contract - with compensation and removal of any bad credit markers?

 

Just an idea?

 

Perseus

[buzby]

Very true - however to give credence to the argument you'd need to pursue that through the courts in an effort to get the original contract set-aside, and there's no slam-dunk rule a judge could use that would guarantee success, and it many not even be appropriate to the Small Claims track, so it's down to how much you'll suffer if they win, than if you just forgot about it and completed the contract.

[baileyboyhammer]

thanks for that guys, but the contract has already been cancelled and they have a debt agency hounding me DLC which I have read about on another thread.

[buzby]

Ah - well, the cancellation of the contract means you've now got a default registered on your credit file, with the total amount owing due based on what you would have paid to complete the contract, plus any call charges outstanding for that month. In view of the delay, they might not be prepared to negotiate, so the DCA will be hounding you for the money owed.

[Perseus]

As you have nothing (more) to lose, it would be worth writing a letter to Orange head office, stating your case, enclosing copies of all correspondence you've sent, received, and verbally been advised before during and after by your local orange shop.

If you emphasise that the offer of the football shirt was what clinched the deal for you (as there were other comparable offers-with lesser inducements!) and because that item was not supplied, nor was the promised alternative - you believe that they were in breach of promised goods. (i'm sorry, I'm looking for the appropriate phrase to fit this but it escapes me-mental block!)

Buzby - surely the misrep act 1967 should levy some weight in a complaint. Goods or services promised as an incentive or invitation to enter contract - which then do not materialise (even though a promised replacement is offered and not received), it must be arguable?

 

It's certaainly worth a try - or maybe a call to your local Trading Standards office. They would maybe assist or guide you ?

 

P

[buzby]

It may be arguable, but there are more pressing things taking place with greater consequences. To have any hope of success the claimant must keep his side of the bargain, but since there has been a contract breach - it could be held that the OP never had any intention of completing the contracted deal irrespective of the value of the gift. Let's say it had a value of £15 to the network, this cannot end up being the tail wagging the dog... a contract of some £350 being recinded because of a mistake by someone in the marketing department. It would have to have equal weight, not simply a way of informally 'getting back' at some injustice.

[Perseus]

Yep - I understand now... Makes perfect sense.

 

P