Orange + debt collection

[malcolmdgama04]

I moved house recently and wanted to stop my contract with Orange (2 year contract had expired). No way to contact Orange (check their paperwork and websites) by email and their telephone contact numbers are at 35p a min with the average waiting time to speak to anybody is over 30 minutes. So I wrote a letter. I was contacted by their collections team about a week later who informed me that Orange have a 6 week back log dealing with written correspondence and insisted I telephoned the Orange cancellation office. I suggested that they got somebody in that office to ring me as I was having so much difficulty ringing them and they told me that that facility "was not available to them". So I sent another letter to them this time recorded delivery. I now have received a letter from a debt collection agency who have been given this debt. I telephoned said agency to explain but are telling me that I need to telephone Orange. Surely I have taken sufficient actions to inform Orange of my intent to cancel. Can anybody suggest how to take this forward and close this matter?

[CleverClogs]

Re: Orange + debt collection

The Unfair Terms in Consumer Contracts Regulations spring to mind.

[Hurricane Puffrose]

Re: Orange + debt collection

Hi and welcome to Legal Beagles.

this is right up my street and I am happy to help.
Firstly, I agree, the EE/Orange website is THE most user unfriendly site known to man!

I work in the mobile industry, not for EE I hasten to add, and unfortunatly, I have bad news

you say that you have to pay 35ppm for a disconnection call
well..
How to request a PAC

If you decide to leave EE, you need to request your PAC at the same time you give us notice that you're leaving.
Just call customer services on 150 from your EE phone, 07953 966 250 from any other phone or+447953 966 250 from abroad.
If you're on a pay monthly plan there's no charge for a PAC code.
But, if you're still in contract, some charges may be applied.
Any disconnection requires 30 days' notice.


the Terms and Conditions of the contract (which are freely available online) state


2. Your Contract and the Minimum Term
Your Contract runs for at least the Minimum Term
2.1 For each Device you own, your Contract starts on the date of Registration and will continue for the Minimum Term and thereafter You
have limited rights to terminate your Contract during the Minimum Term as described in Section 4.
What happens when the minimum term ends?
2.2 After the Minimum Term ends, we will continue to supply you with Services as normal until your Contract is terminated in any of the
ways described in Section 4.


Terminating your Contract after the Minimum Term
4.1 You may terminate your Contract to expire at any time after the Minimum Term by giving us at least one month’s notice. You are free to
restore your Contract throughout this notice period, should you change your mind

I will ask about the whole no email thing, but as far as I am aware, a company can stipulate that you must call in and give verbal disconnection only

[CleverClogs]

Re: Orange + debt collection

I will ask about the whole no email thing, but as far as I am aware, a company can stipulate that you must call in and give verbal disconnection only

Had I not been playing with my pussy earlier, I'd have explained my previous comment at greater length.

If one looks at the Unfair Terms in Consumer Contracts Regulations 1999, particularly Regulation 5 (link), Regulation 8 (link) and Schedule 2 (link) (n), one will see that requiring certain formalities of the customer is likely to be considered unfair. I'd say that requiring a customer to waste at least £10 on a telephone call merely to cancel a contract, whilst the same instruction could as easily and as clearly be done by an email or a signed-for letter delivered to the company's registered address, is certainly an unfair formality.

[Hurricane Puffrose]

Re: Orange + debt collection

unfortunatly Cloggsy, if they can say that the Op could call them free from the handset, which in all contract mobile phones you can, the OP cannot claim unfair costs.

you cant say its unfair not to charge you for a call!

as for the debt collectors, has the OP had any bills/letters from Orange?

[malcolmdgama04]

Re: Orange + debt collection

thanks for your replies. A couple of things, my contract was for supply of 3G for an Ipad, I do not have a phone from them. I am happy to ring them from my phone (not Orange contract) if there is somebody to answer but if they do not have sufficient staff to answer calls and it takes over 30 minutes to get a response, I do not see why I should spend over £10 to cancel when I have written (recorded delivery) twice, and they do not provide email addresses or refuse to ring me. I have received 2 letters from Orange, both times I have tried to respond but without success for these reasons. Surely if I have sent written correspondence then I have fulfilled my obligation.

[ostell]

Re: Orange + debt collection

For that expensive number to call have you tried saynoto0870.com? The 0795 number given previously has a suggested number of 01707315000 as an alternative.

[Hurricane Puffrose]

Re: Orange + debt collection

thanks for your replies. A couple of things, my contract was for supply of 3G for an Ipad, I do not have a phone from them. I am happy to ring them from my phone (not Orange contract) if there is somebody to answer but if they do not have sufficient staff to answer calls and it takes over 30 minutes to get a response
unfortunatly, I know the feeling all too well, I am normally on the other side of the phone :tinysmile_twink_t2:.the staffing levels are unfortunatly not part of the terms of your contract (which you will be held to). Although it is a pain in the neck..


I do not see why I should spend over £10 to cancel if it says "must be verbal disconnection IT MUST BE VERBAL DISCONNECTION.

when I have written (recorded delivery) twice, and they do not provide email addresses or refuse to ring me Again, if the policy is verbal disconnection, the company are entitled to hold you to a verbal disconnection, and if you have not received a "sorry you are leaving" letter, your account has not been disconnected.

. I have received 2 letters from Orange, both times I have tried to respond but without success for these reasons. Surely if I have sent written correspondence then I have fulfilled my obligation. not if policy is verbal disconnection, this would only be done as goodwill

my answers in blue hun, I wish I could say 100% you would get the response you want from Ofcom, but my gut is saying you will be told you did not follow the companies policies, and if they have written to you and had no response, they cannot be held responsible for this.

[CleverClogs]

Re: Orange + debt collection

I wish I could say 100% you would get the response you want from Ofcom, but my gut is saying you will be told you did not follow the companies policies, and if they have written to you and had no response, they cannot be held responsible for this.

Whilst I suspect you are correct about OFCOM - a quango that long ago "went native" and which rarely (if ever) helps the consumer - I still believe it is manifestly unfair to require a customer to use the electric telephone to request termination of an account.