Getting out of the mobile contract

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TheFaQQer replied

12 September 2013, 08:22
Originally posted by mickey View Post

What governs a contract between us if it has not been signed and there's no recording of the conversation? On top of that hinges a case of a double identity - they are still figuring out whether the alleged contract is with Orange or EE.

Sounds like a free money-printing machine, am surprised they have not done well!

He who asserts must prove.

If they are chasing for payment, then they are asserting that you have a contract, so need to prove it.
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Old Greg replied

11 September 2013, 19:11
Originally posted by mickey View Post

What governs a contract between us if it has not been signed and there's no recording of the conversation? On top of that hinges a case of a double identity - they are still figuring out whether the alleged contract is with Orange or EE.

Sounds like a free money-printing machine, am surprised they have not done well!

Tell them that the camera on the phone doesn't work and invite them to take a photo of you. When they hand it back, you have proof they've been taking the mickey.
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mickey replied

11 September 2013, 18:35
Originally posted by TheFaQQer View Post

Write to them, asking for a PAC. When they ask for a break fee, explain that you are out of contract and ask them to provide proof that you are not - either a signed contract (which they probably won't have) or a copy of the phone call recording where you accepted the contract.

What governs a contract between us if it has not been signed and there's no recording of the conversation? On top of that hinges a case of a double identity - they are still figuring out whether the alleged contract is with Orange or EE.

Sounds like a free money-printing machine, am surprised they have not done well!
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northernladuk replied

11 September 2013, 17:04
It does seem Orange are a bit tight when it comes to getting out of contract though...

Father's fury at Orange after they insist he has to keep paying for his 14-year-old's Blackberry after he jumped to his death | Mail Online
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BigRed replied

11 September 2013, 14:43
^ WHS. I'm surprised you haven't been plagued with upgrade offers.
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kevpuk replied

11 September 2013, 14:43
What GJ said ^^

Generally, and I have yet to see anything different in 20+yrs of mobile contracts, when a contract comes to term, it becomes a rolling monthly/30-day contract according to the T&Cs.
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gingerjedi replied

11 September 2013, 14:37
AFAIK your're only tied in for a month at a time once the 12 months are up, I moved from Orange last year.
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TheFaQQer replied

11 September 2013, 14:12
Write to them, asking for a PAC. When they ask for a break fee, explain that you are out of contract and ask them to provide proof that you are not - either a signed contract (which they probably won't have) or a copy of the phone call recording where you accepted the contract.
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northernladuk replied

11 September 2013, 14:11
Read your T&C's carefully and see what the policy on renewals is. You need to find out on what basis the continued the contract. If it says it is auto renewing you might be on the back foot but there has to be ways out of auto renew contracts, usually a cooling down period or something. If you can't find then get them to explain why they believe it has been renewed.

Find the basis of the renewal and it may give you options.
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mickey started a topic Getting out of the mobile contract

11 September 2013, 13:51
Getting out of the mobile contract

The previous contract with Orange has expired. They claim I am into a "new contract" now. I haven't signed anything. I want out, and they want a break fee.

Ombudsman says Orange is not registered for the scheme (see here Ofcom | Alternative Dispute Resolution (ADR) schemes).

How can they support their claim of having a contract with me if I haven't signed it on paper or online, and they haven't got recordings of our conversations?
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