Orange putting up prices

[diddlydee]

Soooo, hubby had a text to say that his monthly charge on his mobile phone contract with Orange would rise from January 2012, and apparently he is not able to cancel his contract due to a clause:

terminating your Contract because Orange has changed its terms

4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:
4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or
4.3.2 the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or
4.3.4 the variation relates solely to an Orange Additional Service, in which case you may cancel that Orange Additional Service in accordance with Condition 15.1.


There is more info on this link http://www.thisismoney.co.uk/money/b...-New-Year.html


I believe that all Orange pay monthly customers still in a contract period will be in the same boat. Okay, so on a £30/month contract it might only be around £1.30 a month, but it just doesn't seem right or fair to me

Anyone wanna join together to fight? Do we seriously have any hope of beating these mobile phone giants?

[pompeyfaith]

Re: Orange putting up prices

First port of call is a complaint to Orange if they refuse to budge which I expect they will make a complaint to the Regulator.

http://consumers.ofcom.org.uk/tell-us/

I cannot see how they can include such a term in there contracts, I would of thought just like the utility companies if you reject a price increase you are then free to move.

Worth fighting me thinks.

[jen_br]

Re: Orange putting up prices

Yes A lot of people are getting screwed over by this. But the more that complain the chances go up for someone doing something.

I don't see how they can have it both ways mind you. Its a contract and im flabbergasted that they can just alter it like that. I mean even BT gives you more notice then this!

[garlok]

Re: Orange putting up prices

I would have thought that this could be interpreted as an "unfair" clause or unfair trading practice. the legalities and small print elsewhere in the contract would have to be looked at very closely but these things are not regulated credit agreements as far as I know therefore the founding principles of contract law must apply whereby any variance in the terms and costs wanted by one party must be expressly agreed to in writing by the other party in the contract.

The other way to make them sit up is to vote with your feet. We did with Vodaphone the moment our contracts came up for renewal. And STILL the idiots send us invoices every month for £0.00 Yes true! It costs them money so who am I to complain and every three months we get letters telling us of a great big welcome if we return

regards
Garlok

[Pixie]

Re: Orange putting up prices

It certainly doesn't seem fair to me Diddles - but I'm not with Orange.

[BBoo]

Re: Orange putting up prices

If you want to confuse them, write telling them you believe this contract to be 'nudo pactum,' governed by the maxim 'ex nudo pacto non oritur actio.'

Basically what you are summing up is the legal lingo for 'consideration' which is defined as an act or promise by one party to a contract that constitutes the price for which he buys the promise of the other (Dunlop v Selfridge [1915]AC 847 (HL)).Consideration is essential to the validity of any contract other than one made by deed.

In this case it is called 'executory consideration' - a promise in return for a promise as in a contract of sale.

They appear to be in breach of this to me.

[pompeyfaith]

Re: Orange putting up prices

Well my son is with Orange so am going to take this on for him in the new year as he has just had the letter.

Ill keep you all updated on how we get on.

[5corpio]

Re: Orange putting up prices

Posted on 28th Nov Blog about price hikes........LINKY