ChatterBank8 mins ago
mobile phone contracts
I am on an 18 month phone contract with Orange, I am in my 6th month, from the beginning I have had bad network coverage, and I have reported it many times. They have just decided that my area does not have good coverage and it wont improve, I want to cancel my contract because 90% of the time my phone doesn't work and I am paying �40 a month for a service I cannot use. Orange say I can't cancel, how do I stand
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I am not an expert but isn't this a case that they are failing to uphold their end of the contract by providing a reasonable service, and admitted it, so why should you uphold yours. If what you say is true I'd get it writing, and then threaten them under sale of goods act or whatever UNLESS they let you cancel.
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There appears to be nothing wrong with the phone itself so I would rule out a claim under Sale of Goods Act 1979. But clearly what you thought you were agreeing to was a phone that was capable of using a service provided by Orange. Therefore you have a legal remedy under common law since Orange are in breach of contract.
You should exercise your right to rescind the contract by refusing to continue to pay. But you also have a right to damages for your losses incurred by Orange failing to meet their contractual obligation to provide you with a service.
In addition, or alternatively, (supposing Orange refute the breach), the contract is voidable on the grounds that there was a lack of consensus when the contract was entered into - i.e. you thought you were getting a phone that was capable of providing you with 'X', and Orange intended to only give you a phone that may give you certain services but that was not material from their point of view. A bizarre defence should they attempt it.
Have a check of your terms and conditions but don't worry too much if Orange have put in an exemption clause - because it is likely to be struck down by the provisions in the Unfair Contract Terms regulations.
So, write to Orange (and record it), tell tem that they are in breach of contract and, as a result of their breach, you are exercising your rights in law to rescind the contract. Request that they return all costs incurred as a result of that breach - including the cost of your stationary, postage, phone calls etc - anything directly connected to their failure to provide the service that was promised or implied. See what they do next. They may continue to harass you for the 'debt' and make threats. You can either let them, and see if they take you to court for non-payment, and you then defend the action and counterclaim...and most likely win. Or, you pursue them through the small claims court, present your case.
You should exercise your right to rescind the contract by refusing to continue to pay. But you also have a right to damages for your losses incurred by Orange failing to meet their contractual obligation to provide you with a service.
In addition, or alternatively, (supposing Orange refute the breach), the contract is voidable on the grounds that there was a lack of consensus when the contract was entered into - i.e. you thought you were getting a phone that was capable of providing you with 'X', and Orange intended to only give you a phone that may give you certain services but that was not material from their point of view. A bizarre defence should they attempt it.
Have a check of your terms and conditions but don't worry too much if Orange have put in an exemption clause - because it is likely to be struck down by the provisions in the Unfair Contract Terms regulations.
So, write to Orange (and record it), tell tem that they are in breach of contract and, as a result of their breach, you are exercising your rights in law to rescind the contract. Request that they return all costs incurred as a result of that breach - including the cost of your stationary, postage, phone calls etc - anything directly connected to their failure to provide the service that was promised or implied. See what they do next. They may continue to harass you for the 'debt' and make threats. You can either let them, and see if they take you to court for non-payment, and you then defend the action and counterclaim...and most likely win. Or, you pursue them through the small claims court, present your case.
One final point (a note of caution): If you failed to notify Orange of the problems you had receiving a signal fairly soon after becoming aware of the problem, and then continued to meet your obligations, Orange will claim that you were in acceptance and they will have a strong argument.
If, on the other hand, you continued to pay whilst regularly complaining, that shows that you did not accept the limitations on their service. The evidence will turn on the balance of probability - what circumstances were more likely to have happened than were less likely. You may have an itemised bill, or a letter, or witness to support your argument.
If, on the other hand, you continued to pay whilst regularly complaining, that shows that you did not accept the limitations on their service. The evidence will turn on the balance of probability - what circumstances were more likely to have happened than were less likely. You may have an itemised bill, or a letter, or witness to support your argument.
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the sale of goods act makes it clear that you can return goods that are not fit for purpose. the mobile company should not sell you a phone that does not work in your area. tell them you are enforciing your rights under the sale of goods act s.14. you are entitled to cancel the contract within 6 months and pay only for the 6 month period you have used. contractual terms CAN NOT trump statute law.
With respect I insist that this issue is not a sale of goods issue, since there is nothing wrong with the goods.
The phone is fit for the purpose intended but the network service is poor. That part of the contract is challengeable under normal contract law. You were promised a service and did not receive it. A challenge under SOGA will surely fail and would be a waste of time.
You can't sue ARGOS (under SOGA) because the radio or Freeview box they sold you is incapable of receiving a signal in Glencoe (a valley in a mountainous area of Northwest Scotland). But if they implied that radio signals could be received in that area then that is a breach of contract on grounds of misrepresentation. The freeview box or radio itself is faultless however.
At the very least the contract is voidable since it is clear that there was no proper agreement of both parties intentions (consensus in idem).
The phone is fit for the purpose intended but the network service is poor. That part of the contract is challengeable under normal contract law. You were promised a service and did not receive it. A challenge under SOGA will surely fail and would be a waste of time.
You can't sue ARGOS (under SOGA) because the radio or Freeview box they sold you is incapable of receiving a signal in Glencoe (a valley in a mountainous area of Northwest Scotland). But if they implied that radio signals could be received in that area then that is a breach of contract on grounds of misrepresentation. The freeview box or radio itself is faultless however.
At the very least the contract is voidable since it is clear that there was no proper agreement of both parties intentions (consensus in idem).
Hello
This is misrepresentation (of contract) and you would be entitled to claim damages for a new phone. They did not tell you about the area when you entered the contract (implied terms/express terms). The phone is supposed to work/working order/fit for the purpose etc and it is not up to standard. You need to contact Trading Standards first of all and then you could telephone the free legal advice line and put the scenario to them and they will give you the answers to the legal side of things, i.e. how to claim, template letters etc. I hope this helps you.
This is misrepresentation (of contract) and you would be entitled to claim damages for a new phone. They did not tell you about the area when you entered the contract (implied terms/express terms). The phone is supposed to work/working order/fit for the purpose etc and it is not up to standard. You need to contact Trading Standards first of all and then you could telephone the free legal advice line and put the scenario to them and they will give you the answers to the legal side of things, i.e. how to claim, template letters etc. I hope this helps you.
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