Orange Mobile Telephone Contract

[margaret124]

Has anyone out there ever been successful in getting out of an Orange Mobile Phone Contract.

My husband took a contract out for his son (age 17) after promises of yes he will pay the monthly fee, which has not happened (he does not stay in the same town so it is not as if we can do much about it) and has now taken the phone back from him as he will not pay the monthly fee �35. We do not want to be paying this as we are quite happy with pay as you go phones. The first bill was for �98 plus vat when it should have been only billed as �35 plus vat, they say they will correct it.

I asked at the Orange shop if this could be stopped but the say no.

My niece took one out at the same time and she has received 2 bills first one for �100 and second one for �300 - both wrong and should have only been for �35 plus vat.

Is there any way out of this 18 month contract.

Thanks

[bednobs]

no, that's what a contract is, and why they make you sign a contract is so that they get their money.

Im afraid this is a lesson thats going to cost you around 700 quid

[margaret124]

Yes - I thought as much - not to worry - we woun't be caught out by this again - thanks

[Stu Dent]

Who's name is the contract in, and what are the ages of the persons who entered into the contract with the phone provider? If the contracting party is the husband then it's him that owes the phone provider.

A person does not have full legal capacity to enter into a contract (other than very small transactions like buying sweets or a CD etc), until they have reached the age of 18. Certainly in Scotland, the contract can only be enforced if the contract is one which is of a kind that is commonly entered into by persons of that age and circumstances, and the contract terms are reasonable. If these conditions are not met the contract is void.

You could contact your local CAB if you think either of these grounds may apply to you and/or for further guidance on how the law con contracting with young people operates in England & Wales. My guess is though that there will be little difference.

In addition any contract is 'voidable' (it may be successfully challenged) if the terms of the contract were misrepresented. If the costs of the contract were represented as being far lower than has turned out, you may have a case on the grounds of misrepresentation.

Contracts are often not as watertight as companies would have us all believe. If they were, lawyers would starve.

[margaret124]

Thank you