Cancelled my contract early, do I need to return the phone? - HotUKDeals
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Cancelled my contract early, do I need to return the phone?

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I've recently cancelled my contract with Orange as they breached DPA on the account. I've spoken to someone at orange's exec office who has advised he can cancel the contract for me but I will have t… Read More
Merilaht123 Avatar
6y, 7m agoPosted 6 years, 7 months ago
I've recently cancelled my contract with Orange as they breached DPA on the account.

I've spoken to someone at orange's exec office who has advised he can cancel the contract for me but I will have to return the phone.

I know that when Orange changed their t&c's I didn't have to return the phone to them and I could cancel my contract.

I was under the impression that the phone was separate to the contract - I had to pay £49 for it.

Can anyone shed any light on this for me?
Merilaht123 Avatar
6y, 7m agoPosted 6 years, 7 months ago
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#1
i wouldnt have thought so as the additional you paid was seen as a "top up". This is usually applied if the contract is for light use or short period as they can not recoupe the money as they would in a long term contract. So in short, keep the phone cos it aint their's.
#2
oo what did they breach? yeh the phone is always separate, they probably just want your phone to keep themselves.
#3
Just out of intrest what did they breach??? i was with orange and they are rubbish.. t mobile are so much better. But with there merger i hope t mobile custoner service brushes off on to orange.
#4
You paid £49 for it so why would you return it, just mention that fact and it was them that broke the terms and conditions of the contract, and if they don't you will cancel the DD and take it further (trading standards)
#5
Good luck proving a DPA breach,
#6
Sounds like they've agreed to cancel your contract if you return the phone? Or you keep the phone and the contract - I'd ring them and find out.
#7
They do have the right to ask for the phone back as it is part of the contract. They are using this as a make weight for cancelling early.
#8
They emailed me 400 other people's email addresses, along with mine to them.

They have admitted the fault, I have the email saved on my PC which I've forwarded to their chief exec and he's passed it onto their exec office to make arrangements with me.

He called me this morning confirming that he will close the contract early but I have to return the phone to them.

When Orange changed the t&c's last June when loads of people cancelled (there was a thread on here / bitterwallet) I didn't have to return the phone.

Is there anyone I can ring to confirm this for me, or any website that may shed a light towards it?
#9
I was in the same situation last year. I got an orange contract and paid £20 for the phone. I had no signal in my area and after a huge battle on of the executives agreed to cancel my contract but I had to return my phone. There was no other way around it and what they did do is refund me the £20 I paid for the phone.
#10
greenhell - exactly what I didn't want to hear!

he said he'd refund me the £49 for the iphone, got 22 months remaining on my contract and I was hoping to take out a new contract and sell the brand new iphone for some extra money over christmas!!
2 Likes #11
I can't see how you were expecting to keep a £300 phone after cancelling a 24 month contract after 2 months!
#12
You cancelled your Orange contract and then signed up for another one? I'd never go back to Orange, even if it meant paying a bit more somewhere else.

That aside, you'll probably have to send the phone back due it being so valuable. If it was a cheapo one, they probably wouldn't bother but I don't think you'll get away with keeping an iPhone. Count yourself lucky you've managed to cancel early and get outta there.
#13
Agreed. No hope in hell. Nice thought though x
#14
dcx_badass
YEah you'd maybe have a point after say 18 months, but you expect an iPhone for £49 and two months contract, jog on and get some common sense.


yea true say
banned#15
I laughed when I finally caught the gist of what the OP was trying to do.
1 Like #16
In other words you are a bit of a scam artist.

You end your previous contract early because of a slight t&c alteration, which would probably not effect you at all so you can get a free phone to sell on.

Then you sign up with the same company, proof positive the above statement is true. As if if the t&c effected you so much you would have moved networks.

Then you want to cancel again, 2 months into the contract and keep the phone.


Just to quote you

Merilaht123 - Dec 14, 2010 11:35

"I was hoping to take out a new contract and sell the brand new iphone for some extra money over christmas!! "

Also just to clarify, the phone is not really separate from the contract, as the phone is heavily subsidised by the contract.

Edited By: sven256 on Dec 14, 2010 13:19
banned#17
scammer

do some overtime and buy yer own phone outright.
#18
I would check with the original terms and conditions of your contract. If the deal was 24 month contract and £49 for the phone, I would suggest you have a valid claim to keep the phone unless the T&C says you don't own the phone until the end of the contract. Sky TV is an example of somewhere the box is yours to keep from day 1
#19
They broke data protection on my account. I would have stayed with them for the full 24 months had they not done so.

Their customer service is a joke and I've wasted so much of my time the last month speaking to their call centres. Why should they get off so freely but just lose fifty quid a month when their raking it in.
#20
You got out of a 24 month contract because they broke the DPA but you still wanna keep the phone? Thats not very fair is it?

Next you'll be asking for compensation
#21
Compensation, good thought.
#22
Trauts78
They do have the right to ask for the phone back as it is part of the contract. They are using this as a make weight for cancelling early.

cdm22
I can't see how you were expecting to keep a £300 phone after cancelling a 24 month contract after 2 months!


No the phone is not part of your contract. I was in a simialr possition, cancelled 8 months into the contract, never asked for the phone back.
#23
The op is a serial phone scammer as said in one the following posts in the thread where they said they have tried this on before. You can't blame Orange for taking this stance.
banned 2 Likes #24
sven256

Also just to clarify, the phone is not really separate from the contract, as the phone is heavily subsidised by the contract.


Trauts78
They do have the right to ask for the phone back as it is part of the contract. They are using this as a make weight for cancelling early.


Funny - as the terms and conditions clearly state it isn't

14 Devices
your Device is not a part of your Contract


Can't really get much clearer than that.

The reason they keep the phone seperate is so that if it gets a fault and is away for 6 weeks getting repaired, you can't insist on 6 weeks line rental refund.


Edited By: colinsunderland on Dec 14, 2010 17:08
#25
The breech they have made on the DPA would be probably be classed as minor at best, to get compensation you would have to go through the small claims courts. I am surprised they are entertaining you at all.
#26
I don't want compensation! I just want to keep the phone because they've wasted my time.

I will email him later on, where can I find a copy of the terms conditions? The details that came with my handset only goes up to section 8.

I'm not a phone scammer!! I couldn't upgrade my phone for another 4 months and I needed a new phone. This instance is purely because they've wasted my time and annoyed me.
#27
Merilaht123
I'm not a phone scammer!! I couldn't upgrade my phone for another 4 months and I needed a new phone.


:D oh no?
#28
So you reckon you're entitled to the phone as they've 'messed you around'
#29
If you werent a phone scammer would you have used the t&c loophole to get out of a contract only to sign up for a new one with the same phone company only to do the same again?
#30
mods ban this scammer

gives us decent hukd members a bad name
#31
Scammers really annoy me. It's people like you that make our phone contracts and insurance so expensive because you are always look for ways to do over the big nasty company, who in turn do over everyone else. Stop being and idiot and give them the phone back. If they are refunding your cost it's doesn't matter anyway.
2 Likes #32
I love it when it's one person he's a scammer, but when everyone is trying it it's acceptable :)



Edited By: bazzaric on Dec 14, 2010 18:10
#33
Who said it's acceptable?
#34
the only way you could keep the phone is if orange breached thier terms + conditions (for example changing the prices of your plan,like hiking or adding things that would otherwise cost you more,) , then you would be entitled to keep your phone, due to the fact that the phone Isnt part of your airtime agreement.regardless if the phone is cheap or expensive

Edited By: n1ttygr1tty on Dec 14, 2010 18:53
#35
bazzaric
I love it when it's one person he's a scammer, but when everyone is trying it it's acceptable :)




That's not acceptable either
banned#36
n1ttygr1tty
the only way you could keep the phone is if orange breached thier terms + conditions (for example changing the prices of your plan,like hiking or adding things that would otherwise cost you more,) , then you would be entitled to keep your phone, due to the fact that the phone Isnt part of your airtime agreement.regardless if the phone is cheap or expensive


That doesn't make any sense. If the phone isn't part of the airtime agreement, how will cancelling the airtime agreement mean that they have to return the phone?
#37
Rupz
Just out of intrest what did they breach??? i was with orange and they are rubbish.. t mobile are so much better. But with there merger i hope t mobile custoner service brushes off on to orange.


tmobile customer service is much better. but i have to say thier call quality is very low even if you have full signals they calls are always breaking off. this is in london
#38
Merilaht123
They broke data protection on my account. I would have stayed with them for the full 24 months had they not done so.

Their customer service is a joke and I've wasted so much of my time the last month speaking to their call centres. Why should they get off so freely but just lose fifty quid a month when their raking it in.


data protection? how did they do that?
#39
monkeybrains
Merilaht123
They broke data protection on my account. I would have stayed with them for the full 24 months had they not done so. Their customer service is a joke and I've wasted so much of my time the last month speaking to their call centres. Why should they get off so freely but just lose fifty quid a month when their raking it in.
data protection? how did they do that?
emailed him 400 other customers email address and they his... or something ?
just the same as forwarding a joke email to all your contacts with the previous emails fm: to: addressees on it.. no big deal really? lol
#40
cdm22
I can't see how you were expecting to keep a £300 phone after cancelling a 24 month contract after 2 months!

Totally agree, I would give the phone back and ask them to refund you the initial cost of the phone which you paid out. That way you have had an iphone for 2 months and it only cost you the line rental. Your happy, their happy..... everyone is happy.... merry xmas

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