Orange - Breach of Contract?

[edrobbo8]

Hi, looking for some help/advice.

Started a 24 month orange

contract at end November 2011, on a £41/month Panther plan, with £6/mth insurance through Orange Care, with a new Blackberry Bold 9900.

This phone had signal issues, but put up with them as didn't think anything of it. Had a fault with the phone within a month - put on charge one night and woke up in the morning and phone would not switch on, and Orange Care replaced handset.

Within another month, started having signal problems again, signal would drop to SOS when trying to make a call, again phoned Orange who organised a replacement handset.

That handset had exactly the same problem, so Orange changed my sim card. Still the same fault, and after many hours on the phone to customer service, they said it was down to the masts in the area having problems.

Put up with it for a few more months, until the handset started turning itself off when trying to take a picture or use other features on the phone, Orange again replaced.

Now, within two weeks of that replacement, the microphone has broken. This new replacement also has the signal problems that have plagued the phone since the contract started.

That is 4 brand new Blackberry Bold 9900s that have gone wrong in under 12 months, all with the same underlying signal problem.

I am normally quite easy going, but this has driven me insane, and I am at my wits end. Orange cannot replace with a 9900 as they are out of stock, so have offered me a 9360, a 9800 or a 9860, all of which are inferior to the Bold 9900.

I believe that Orange are in major breach of contract, as well as breaching the Supply of Goods and Services Act 1982, as does my legal adviser.

I would like to stay with Orange, as a past customer of vodafone

(who are ten times worse!). However, to do an early upgrade, they would like me to pay off the remaining 12 months of my 24 month contract, at a cost of £387.24.

I am unwilling to pay this, as I am already paying for a service I am not receiving 1005 of the time, whereas Orange say they are providing the service because they replaced the phones that have been faulty.

I am seriously tempted to cancel the direct debit

, and go and sign up for a new contract on the iPhone 5 with Orange.

What are your views?

Thanks for any input/advice.

Ed

 

[malcolmsanford]

Well after reading that think I'll stick to my

 

[Plonker 3]

What ever you do do not cancel your DD, as that will hit your credit rating for the next 6 years.

 

[edrobbo8]

But if you can prove that I was a good paying customer and that I stopped the DD for a specific reason, as listed above, then you can apply to have it lifted. But about as painful as taking it to court!

 

[Plonker 3]

Really, you have a legally binding contract with Orange who will give it the black mark on that part. Proving a good payment history means nothing as people stop paying all the time. It is also up to the credit agency weather it gets lifted too not just yourself.

 

[High Tower]

No they are not in breech of contract, they have taken all reasonable steps to repair your handset in a timely manner.

Why you would want another of the same model is beyond me. Have you tried asking them to supply you with a different make in light of all the issues you have had with the current one?

 

[telectrix]

as above^^^^^ see if they'll do you a samsung galaxy III.

 

[malcolmsanford]

I don't mind a bit of galaxy every now and then Tel but I thought Mars made them

 

[Hiddo]

Have you put your issues to them in writing?

Ring them and ask for a copy of their complaints procedure and who their dispute resolution scheme is with (Be prepared to be pointed at their website for the complaints procedure)

Follow their complaints procedure to the letter which will require you to write several letters and then see where you stand.

The network is obliged to provide you with reasonable level of network coverage and whilst you may feel aggrieved that you are not getting coverage they may be meeting their minimum requirements for your area.

Hope this helps.

 

[edrobbo8]

No they are not in breech of contract, they have taken all reasonable steps to repair your handset in a timely manner.

Why you would want another of the same model is beyond me. Have you tried asking them to supply you with a different make in light of all the issues you have had with the current one?

Well that is my point, to stick to the letter of the law they have to provide the same or better quality as the faulty model, and they will not supply with a different make becasue they say it is a 'Blackberry Contract', which is a load of rubbish! The other ones they offered are inferior models, and not equivalent to the one that is broken!

 

[Octopus]

Why don't you buy a sim free "unlocked" used handset off ebay??

I had to do this recently and its worked OK for me.

 

[ferg]

we have signal problems here all the time and with a bit of harassment the provider will give you a rebate, as you have been paying for a service that they have not been providing.

As above why go for another similar model after all those issues.

I'd have a read of the contract, as chances are the "customer service" person hasn't read it either.

 

[ashrow]

just to mention Orange (or now EE) will show every missed payment on your DD as a matter of course on your credit rating (i have seen the results and it down to you to sort if incorrect )