hi everyone,
in april i got an 18 month contract with orange. as soon as i got the phone home i saw that my reception completly died. it turns out in our area (in the country) reception is not covered by orange. i had to go to the end of my garden/yard to make or recive a call, in the house i would pick the phone up to see i had lots of missed calls.
i called orange and told them i could not use the phone, they told me i had signed the contract and could not cancel it now. anyway, i called again last night because i am getting tired of paying £35 per month for a phone i can only use if i travel 11 miles into town, after waiting an hour on the phone i was simply told that using the phone inside a building (eg my house) was not covered by the terms and conditions and they can do nothing.
i am now left with a nokia n95 (that i waited 8 months to buy) that i cannot use.
i have 12 months left on the contract.
people have asked me why i got the contract if they do not cover my area, i did not know this, i used to be on t-mobile without any problems at all, and only went to orange because they were doing a home broadband deal as well, nobody in the orange shop told me there was no reception when i bought the phone, i had no idea.
i called them again tonight, and they told me i could either buy myself out of the contract for £440, which means i would be out of a phone and over £500 down as i paid £89 for the phone...
or, i can sign the contract over to somebody else.
i have no idea about stuff like this, and i figured somebody here might, how do i go about signing over my contract to someone else? is it as simple as it sounds? what would i do once i found somebody who wanted the phone? they would obviously be getting the phone and sim, but i bought a 2 gig memory card, a rubber protective case, a krussel case and i also got it unlocked which cost me £25...so would i be ok to ask them for say £30 for that stuff if they wanted it?
i know my post was long but as i say i know nothing about this stuff and wanted to make sure you guys had the details, thankyou to anyone who takes the time to answer.
How long you had the phone... you can take it back within 30 days under various trade acts over in England... that sounds like a load of bollocks to me... dont waste any more time with them and get your money back.
EDIT >> didnt read your post very wel.. April I see... so whys it took you so long to get to this point... you've probably lost the period you coulda took it back in and got your money...
Best bet might be to just sell the phone on Ebay SIM free to someone.. and recoup what you can I guess?
and I suspect in yours (since thats where most of our laws came from originally) you have some protection based on a good or services advertised suitability for purpose.
In this case its clearly not suitable for the purpose - remedy they supply something suitable for the purpose or refund your money.
If you explained where you lived to the salesperson I'd say you have a STRONG case to argue. Maybe some community law expert (read free legal advice) is the go here.
Good Luck!
i got the phone in april, thats why i cannot end the contract, i have been trying to sort this all out since april.
well I guess it comes down to what evidence you have to support that you have been trying to sort it out since then?
Have a word with Trading Standards... I assume they are in NI too... they should be able to bring you up to speed.
At the end of the day tho... they will have needed your postcode to give you the phone... so they know where the service goes...
as seki says, they've now given you something not fit for purpose so you can try with that approach?
April does sound like a problem .. still legal advice can't hurt.
Well basically orange are correct you signed up for 18 months and its your responsibility to check coverage in the areas you go to ( its a pain I know 😞 )
£440 will be your remaining term multiplied by your line rental ( 12 and a half months * £35 ) not being with orange im not sure what there minimum term is but its either going to be 6 or 9 months. If its 6 then you can downgrade to the lowest possible tarrif which I think is £20 and then buy out ( If this is possible it should make your buy out £240 ) If not waiting 3 months will make your buyout £180
You *should* I imagine ( not sure what N95s go for ) get this for your phone if you get it unlocked and unbranded and flog it on ebay. Your other option would be to get your phone unlocked and unbranded and get a sim free deal on t-bag and buyout and count your losses. If not a new N95 on t-bag I think is £40 on Flex 35 ( Currently reduced to £30 a month )
I think your pretty much stuck on this, as it was april. While you could go to trading standards Im not sure what trading law they have broken.
I suspect they have something in the terms and conditions about accepting that in some places there is lack of signal, and of course after 14 days have gone by its taken that you have accepted them.
You could try trading standards, and perhaps CAB (Citizens Advice Bureu) but Im doubting you will get anywhere.
so dooferdingle.... you 'had a word'?? 😉