Dspute with service provider, can anybody help?

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Hi all,
I am 2and a half months into a contract on an Orange SPV M2000 on a £25 per month contract, I paid £250 for the phone and have had problems from day one. They have replaced the handset 3 times since then because of the phone not ringing when a call is made and at this moment I am awaiting yet another replacement. I have been offered the SE P910i as a replacement but this is a phone that I can get for free on a £25 per month contract elsewhere and is not as expensive as my M2000. I have also paid £60 for an SD card that cannot be used in a SE P910i. I have also lost work because of the faulty phones. Even though Orange have admitted that I have had a series of faulty phones they will not make true remuneration or let me cancel my contract. I am therefore stuck between a rock and a hard place and as such am forced to continue paying my line rental even though I have had a series of faulty phones that I cannot use. Can anybody tell me how I can sort this out and if I have any rights in this case.

Tell them you want a free upgrade to the M5000 when it is released.

take the SEp910 then sue them for the £250 - five minutes on www.moneyclaim.gov.uk

Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.

Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/fa...ofservices.htm

and here:
http://www.dti.gov.uk/ccp/topics1/fa...legoodsact.htm

Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.

Let me know how it goes.

V

Originally Posted by vijay555

Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.

Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/fa...ofservices.htm

and here:
http://www.dti.gov.uk/ccp/topics1/fa...legoodsact.htm

Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.

Let me know how it goes.

V

A couple of things to consider though:

1) there are two contracts, one over the phone and one over the network. the network contract ontains terms which deny right to service. I understand these are not contrary to UCTA.
2) the contract over the phone is as against the supplier not the network although in this case it sounds as though both are orange.

the most important thing though is this info: it will cost orange several hundreds to instruct someone like vijay plus counsel to defend a claim. they will not defend your claim and so you will be paid.

now go here and issue a claim: www.moneyclaim.gov.uk

sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.

However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.

To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.

V

Originally Posted by vijay555

sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.

However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.

To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.

V

Hi vijay glad we agree that he has little legal bases in claiming for the service element). However if he adds up days lost and works out value of tarriff paidthat was wasted he can add this to the claim since this claim would not be determined on legal merit but settled out of financial convenience.

You are quite right he should send notice of intention to commence proceedings. However many people find this an incredible hardship! If so then in this instance when the claim amount is low and given orange will not defend it and will not pay on the basis of a personal notice then you can skip the formality of notice especially given the matter will not get to trial so the minor procedural defect will not be of consequence.

Lets hope our friend with the grievance actually commences proceedings although I have to say, without smiting him, that most people don't even when they have been fortunate to get professional advice from someone like yourself.