phone contract advice needed to terminate it! - HotUKDeals
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phone contract advice needed to terminate it!

penguin 88 Avatar
6y, 11m agoPosted 6 years, 11 months ago
right heres my story.... in june i finally got my first contract phone on orange. a few weeks later the fone in question (lg cookie) developed a fault of which it cut out during calls and lost battery life extremely quickly. I have now had my phone back from its third repair with orange and the fault still exists. i took the phone bak to the store and was confronted by "we no longer deal with it here" so i'm thinking fair enough. Are otange in breach of contract or can i cancel my contract without termination fees i am fed up with the this network and need a phone as i need to be able to contact family in the situation we are in at the moment.

can anyone give me advice? (be much appreciated)
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penguin 88 Avatar
6y, 11m agoPosted 6 years, 11 months ago
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#1
Your contract with Orange is NOT for the phone, but the network use.
As long as you have coverage where you live you have no rights to cancel

However, as the phone came from Orange then the guarantee/warrenty IS with Orange, they supplied it, they have to repair it or replace it, and as it's been repaired 3 times then you can insist on a replacement, and if they dont stock that make/model anymore then you can specify any other phone up to the same value.

If they try and fob you off by saying return it to the manufacturer, refuse and remind them of the sale of goods act, it's Orange who deals with returning it to the manufacturer not you, you only have to deal with Orange
If they refuse contact trading standards
#2
As above, the phone and the airtime aren't the same.

You 'could' put the sim in another phone and still use the service. Orange will not let you cancel.

If the phones had the same fault 3 times they will offer you a choice of 3 others (but it has to be the same fault and you don't get to pick from all their handsets, just the 3 they offer you).
#3
If the mobile is not "fit for purpose" Orange have technically broken the terms of contract and must supply a replacement mobile.

If they refuse to replace the mobile you should recite a log of everything, slowly, clearly, comprehensively and say that you will be complaining to Ofcom, Office of Fair Trading and Trading Standards and for a cessation of contract without penalty as they are the ones who have broken the contract and sales of goods act by doing this.
#4
schizoboy
If the mobile is not "fit for purpose" Orange have technically broken the terms of contract and must supply a replacement mobile.

If they refuse to replace the mobile you should recite a log of everything, slowly, clearly, comprehensively and say that you will be complaining to Ofcom, Office of Fair Trading and Trading Standards and for a cessation of contract without penalty as they are the ones who have broken the contract and sales of goods act by doing this.


Not true, as it's the network access, including calls and texts the contract is actually for, the phones are usually free, or a small amount paid for them, but they are not what your contract is for, the contract is access to the network.

Like I said above, the phones will be under warrenty for a year but only through Orange, not the manufacturer.

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