In April 2005 I took out a mobile phone contract with Orange via one of their retail stores in my local city. Just recently I decided it was time to change my phone, and move my contract to another provider.
I telephone Orange who inform me that I have a 24 month contract and if I want my PAC code I have to pay a termination fee of £54.00 At this point I decline the offer so I can check my original paperwork.
My original paperwork has a tick in the box '12 month' and also hand-written note '12 month' at the side of it. So I ring Orange again who tell me to go back to the retail store and they can verify this and sort it out for me. they also say they will try and match the deal I was going to take up with T-Mobile.
I return to the Orange store who agree with me and telephone Orange themselves. After some time I am asked to speak to the call centre operative who says 'no - you have 24 month contract we will not do anything', and also 'you were given a discount for your contract so you would also have to pay us that back too'. After almost an hour of discussion with the call centre operative, the store assistant (who also spoke to 2 different managers on the phone at Orange) faxes a copy of my original contract to them and says 'speak to them tomorrow as they will have the fax to prove the details'.
I suspect that since the contract activation was phoned through from the store, that somebody at Orange made a mistake when inputting the details.
I am now due to telephone Orange tomorrow (Wednesday) and as far as I can tell these are the relevant facts of the case:
I signed a 12 month contract and Orange cannot unilaterally change the length nor the terms of the contract without my express (i.e. signed) agreement. If they refuse to resolve the situation then it is breach of contract or possibly falls foul of the 'unfair terms in consumer contracts regulations 1994'. As far as I am concerned, I cannot be held responsible nor penalised for mistakes made by Orange.
If I don't get the matter resolved, and if a letter doesn't help either, then I feel that my only option is to seek reasonable restitution via the small claims court.
Anybody come across anything similar, or any suggestions?
I telephone Orange who inform me that I have a 24 month contract and if I want my PAC code I have to pay a termination fee of £54.00 At this point I decline the offer so I can check my original paperwork.
My original paperwork has a tick in the box '12 month' and also hand-written note '12 month' at the side of it. So I ring Orange again who tell me to go back to the retail store and they can verify this and sort it out for me. they also say they will try and match the deal I was going to take up with T-Mobile.
I return to the Orange store who agree with me and telephone Orange themselves. After some time I am asked to speak to the call centre operative who says 'no - you have 24 month contract we will not do anything', and also 'you were given a discount for your contract so you would also have to pay us that back too'. After almost an hour of discussion with the call centre operative, the store assistant (who also spoke to 2 different managers on the phone at Orange) faxes a copy of my original contract to them and says 'speak to them tomorrow as they will have the fax to prove the details'.
I suspect that since the contract activation was phoned through from the store, that somebody at Orange made a mistake when inputting the details.
I am now due to telephone Orange tomorrow (Wednesday) and as far as I can tell these are the relevant facts of the case:
I signed a 12 month contract and Orange cannot unilaterally change the length nor the terms of the contract without my express (i.e. signed) agreement. If they refuse to resolve the situation then it is breach of contract or possibly falls foul of the 'unfair terms in consumer contracts regulations 1994'. As far as I am concerned, I cannot be held responsible nor penalised for mistakes made by Orange.
If I don't get the matter resolved, and if a letter doesn't help either, then I feel that my only option is to seek reasonable restitution via the small claims court.
Anybody come across anything similar, or any suggestions?