I have posted this as a reply in a thread already, however, I thought I'd also start a new thread with it, (rather than rewrite the same information), as it may be of use to some of you.
Quote:
Huge companies have the best legal representation that other people's money can buy; (your money)
You the customer can't really afford to take on these big fat cats.
Hmm....
It is this attitude that allows Orange to get away with their shocking service.
In reality nothing could be further from the truth, I haven't had a proper read of the full T&C's yet, but eventually i'll get round to it and pick apart their contract on here.
However, for starters there are several paragraphs contained within the Unfair Terms in Consumer Contract Regulations 1999 which will serve you well when trying to get out of the contract. Bear in mind, I haven't yet done this successfully with Orange but the principle is sound.
Basically a term can be considered unfair for a number of reasons but I reckon the paragraphs below are the most relevant.
The following statute laws are all in Schedule 2, Section 1 of the UTCCR, (which for reference is Statutory Instrument 1999/2083):-
(h) automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express his desire not to extend the contract is unreasonably early;
(k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;
(o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his;
(p) giving the seller or supplier the possibility of transferring his rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the latter's agreement;
There are other statutory laws which will probably apply, primarily, The Distance Selling Regulations 2000 and The Sale and Supply of Goods Act 1994 and I will apply these in due course in the form of a letter which people can adjust to suit their needs.
However, if you are reasonably verbose and you can prove you have given Orange ample opportunity to correct their errors, (if you can't I can help you there too), then it can easily be proved that Paragraph 17 of their T&C's is in direct contravention of paragraph (o) of the UTCCR and this should be enough to declare the minimum contract period null and void.
As far as costs go, issuing a claim on the small claims track at your county court will cost you £150 as there is no monetary claim involved, (you can claim this back if/when you win). All small claims are protected from costs and therefore even if you lose, you will have 'only' lost £150, Orange cannot claim their legal fees from you. This also presents another advantage, as the liklihood is they would have to plough money into defending your claim, (their solicitors likely charge more an hour than your annual contract is worth to them), they will likely settle as soon as you issue the papers and they realise you are serious.
Although I haven't taken Orange to task, I have taken two LARGE financial institutions down this route, between them they settled for around £5000 before it got anywhere near a courtroom.
Although I tend to get baffled my the tech speak in here, I am reasonably well read in contract law and will do all I can to help.
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