In contract law there must be substance within a clause such as FUP. There is as such no substance in the Orange FUP T&Cs.
If the FUP clause stated that the maximum download limit was <40Gb per month then that would stand up in court.
That sets a static limit, it gives no flexibility as it becomes a part of the contract. Any change that Orange then wanted to make has to be a T&C change which has many more implications.
The other cases I've read about refer more to imposed sanctions that mean you can't escape the contract rather than outright termination. Thats one area that Orange are at least reasonable in, they let you go than forcing you to stay with a much reduced service or speed, that was until the latest trial and even then currently you can just walk away if you don't want to stay at that point.
The other cases I've read about refer more to imposed sanctions that mean you can't escape the contract rather than outright termination. Thats one area that Orange are at least reasonable in, they let you go than forcing you to stay with a much reduced service or speed, that was until the latest trial and even then currently you can just walk away if you don't want to stay at that point.
That is the same as "constructive dismissal" in employment law and Orange's actions are no more legal than that.
I'm just curious has anyone who has had this problem of their line being capped had any joy so far getting it resolved.? I am no further forward myself after talking to them on the phone on numerous occasions with them constantly spouting the same rubbish as if they were reading off an autocue.
I called today again and asked when my line would fixed (if ever) the guy told me no work had been done on my line since i got broadband back in january and that my line has'nt been capped. They are all saying different things on sunday a guy told me it had been capped. In the conversation today he said my line would be fixed in 24 hours somehow i think that's going to be very unlikely and will be totally amazed if it is.
I called today again and asked when my line would fixed (if ever) the guy told me no work had been done on my line since i got broadband back in january and that my line has'nt been capped. They are all saying different things on sunday a guy told me it had been capped. In the conversation today he said my line would be fixed in 24 hours somehow i think that's going to be very unlikely and will be totally amazed if it is.
But if you are capped because of extreme downloads then it won't get repaired will it ?
I called today again and asked when my line would fixed (if ever) the guy told me no work had been done on my line since i got broadband back in january and that my line has'nt been capped. They are all saying different things on sunday a guy told me it had been capped. In the conversation today he said my line would be fixed in 24 hours somehow i think that's going to be very unlikely and will be totally amazed if it is.
But if you are capped because of extreme downloads then it won't get repaired will it ?
I have spoke to 6 different people from sunday and only one of them has said my line was capped so who is telling truth?. Anyway i'm not putting up with their garbage any longer i'm going to tell them if it's not sorted very soon then they can stick their broadband where the sun doesn't shine and they won't be getting another penny out of me contract or no contract.
Latest update i called them again for an explanation and i actually got a guy who admitted that my line has been capped for 6 weeks between 6pm and midnite. But what he didn't realise was that my line has been capped 24/7 for over a week now and he said he would get it fixed (not holding my breath). One bit of good news my contract is up next month though i haven't had any problems with Orange before this but their customer service department is so shockingly poor i will be jumping ship and will be joing an isp who doesn't advertise a false service and has you calling the taj mahal for customer service.
AFAIK if you were capped as part of the trial then you could jump ship whenever you wanted without fees.
The 24/7 caps are apparently being treated as errors and getting looked into as such.
Yes thanks i was thinking the same thing because they are in serious breach of their contract. I have a little under a month to go of my contract one more payment for them take in all honesty i am annoyed about having to pay for a reduced service but i will see it out and change as soon as possible.
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theres a first for everything lol.
