What to do?

[Guest chewie]

hey all, i need some advice.

I just smashed my phone up, i tehn thought hey it doesnt matter as i have Orange care. Well apparently i dont. I rang orange and they said sorry sir you don't have ornage care. I checked my customer signup form (the bg pinky one that you have to sign when you first get your phone at the shop) ands sure enough it says Orange care. I rang orange back and told them, they said that it wasn't on my satements (which it isn't) so i should have seen that it wasn't on the statement and rang and told them. (yeah like i was make suring that orange care was on thier every month when i got them)

So basically i have a busted phone, and orange refusing to let me get one on orange care.

Is thier anything i can do at all?

Cheers

[Guest ClintEastman]

I would push the point!

I had my house burgled, and i wasn't insured!!!

But i pushed the point with the insurance company (the 12 month contract on my insurance had run out but i hadnt been contacted about it (well that's what i told them :) )).

In the end they paid up £8000!!! And i didn't even have insurance!!!!

[Guest Monolithix [MVP]]

For a slightly more....leagal...alternative, you can take out emergency care. £30 up front then tied into the normal £5/month thereafter...

[Guest chewie]

I've had thought, the orange sheet that you fill in at the shop surely that is classed as a contract? Its the only thing i signed. Its not my fault that O haven't charged me for my Orange Care, surely if they wont accept it as a contract and accept that i have orange care, i can cancel my 12 month subscrition and sure there asses for breach of contract? :)

[Guest James]

if i were i would push the point of your signed contract.. its their fault not yours mate

[Guest ClintEastman]

For a slightly more....leagal...alternative, you can take out emergency care.  £30 up front then tied into the normal £5/month thereafter...

That is legal!!!

I made my point and they agread with me, simple as that!

If you sign a contract to have cover it is there fault if they didn't take payment! It's not up to use to make sure they are forfilling your contract!!

Push it mate....

[Guest Monolithix [MVP]]

You implied otherwise though Clint... ;p

And that is a good point, if you were under the impression of having insurance go for it :)

[Guest one.ear]

Go to the retail shope you bought the handset from, tell them the situation, if they aren't helpful. call up CS while you are there, and put the manager of the shop on the phone to them to sort it out. It's not strictly Orange CS's fault, they can only go by the information they have, its the retail shops fault, and up to them to sort it really.

Ben

[Guest ClintEastman]

You implied otherwise though Clint... ;p

And that is a good point, if you were under the impression of having insurance go for it :)

Sorry, on re-reading it is a bit misleading!!!

[Guest wilky]

mono is right.

as you smashed up the phone yourself you are not covered under the orange terms and conditions.

however I beleive the costs are slightly higher than £30 start payment as the spv is classed as a next gen phone so you`ll probably need to pay i think its £70 then £5 a month after that.

however i don`t know what you told orange when you called however if you told them it was smashed through being careless its not an accidental damage policy and they will not replace the phone and you are within the 12 month contract.

[Guest Honest John]

Might be covered by Household Insurance. Mine is.

[Guest Paul [MVP]]

I think that they should be bound by that request for care that you signed...

If you don't have any joy, ask to be put through to 'Customer Relations', and moan at them :)

P

[Guest madu]

Go for it Chew! They **** up once in a while and it will only do them good! And ESPECIALLY if you signed a contract stating so and so then everything is in force unless terminated by either party (subject to t&c, but..) ..but since you never received any notification of changes in your contract (nor changed it yourself, then you are entitled to that.

PS: By the way, a contract may sometimes even be considered in force if it is NOT signed, but the money has been paid on the terms of that contract. I don't think that applies to you re not paying for insurance since it's their cockup and the paper is there - just stick it in thei' face!! :)

[Guest Chris b.a.r.f.]

chewie: If you have the original signed contract, with the Orange Care box ticked yet O still won't honour this, you have two sensible choices:

1. most difficult but ultimately most satisfying if you're a vindictive bassa - sue them for breach of contract. It'll take donkey's years, but you'll win the case. Eventually.

2. most realistic chance of getting a result before you die of old-age - Contact the Consumer Association and ask them to handle the case for you. Way back when I used to live in the UK, the CA were extremely helpful in solving similar hassles with a guarantee on a hif-fi I'd bought.

Hope you get a result dude.

[Guest djthorp]

Slightly off topic but its to do with contracts.

Three years ago I upgraded my orange phone within contract in the Carphone Warehouse. The salesman informed me that an upgrade fee would applicable cos i was within contract, and this was confirmed to be £100. However the contract generated by the carphone warehouse for the upgrade clearly stated on it "orange upgrade £0 fee".

When i was charged the fee, i called orange up explaining the contract i signed stated on it no fee would be charged, it took a few calls to them but eventually i spoke to someone in their upgrades department who asked me to send a photocopy of my contract. Upon doing this orange refunded the fee, despite they were correct in charging in cos i had upgraded within contract.

So basically, speak to someone in their care department, if they refuse to acknowledge u have care, offer to send them a copy of your contract. You might not be too unreasonable requesting a refund to your service plan whilst you've been without your phone

Dave

[Guest chewie]

Cheers for all the help guys, i've now manged to get it sorted.

One of the supervisors rang me back and said that they would honour the contract if i started to pay for orange care, of course i accepted. So i get a new phone in the post 2morrow, yay :)