Guest artax Posted December 16, 2003 Report Posted December 16, 2003 I have just exceeded 12 months contract with my original SPV and have changed to Virgin Mobile tariff as I only use the phone sparingly (mainly use it as a PDA). I was told by the woman in OVP that I couldnt cancel orange care as it had been renewed for another year. This was news to me, she said that this was done automatically as I was sent a letter a month before the renewal date saying that if I didnt cancel orange care it would get automatically renewed. I didnt receive a letter, what should I do, is this legal, sounds a bit dodgy to me? Dave
Guest SirGaz Posted December 16, 2003 Report Posted December 16, 2003 If they sent you a letter then there is nothing illegal about it. Even if you didn't receive the letter, if they can prove it was sent then that's good enough in the eyes of the law. I'm affriad it would be up to you to prove that didn't receive it (and that takes some proving if you think about it - just saying I didn't receive it ain't good enough).
Guest ferret Posted December 16, 2003 Report Posted December 16, 2003 Have they changed the structure of care then? I thought it was £5/month then one less depending on your no claims bonus, and you could cancel anytime giving one months notice. O haven't sent me anything stating otherwise and as far as I'm concerned, I'm still getting free care because I'm on a Talk 60. [mental note] Must check my bill [/mental note]
Guest artax Posted December 16, 2003 Report Posted December 16, 2003 Yes thats what I thought :lol: I shall be checking everything when I get home. The original contract says nothing about renewal. Dave
Guest Bonzo Posted December 16, 2003 Report Posted December 16, 2003 Not sure how it affect's O care on older contracts if U still have them running but yeah they changed the structure to a flat £5 rate either earlier in the year or late last year... can't remember which
Guest Chic0 Posted December 16, 2003 Report Posted December 16, 2003 Yep i recieved a letter from Orange a few weeks ago saying that the Orange Care Structure had changed. Everyone now has to pay a flat rate of £5 a month and if you make any claims you will be charged £15! Even though the price has changed I still think you are allowed to cancel your Orange Care at any time though. You should just contact Orange to clarify this.
Guest velocityboy Posted December 16, 2003 Report Posted December 16, 2003 hi, once orange care is activated onto your account its not possible to cancel it for 12 months, the only way out of this is if your contract expires before the care does and you can cancel the contract.
Guest idavid Posted December 16, 2003 Report Posted December 16, 2003 VERY interested to hear this! the other day i phoned up orange to get a new handset (headset profile problem). i have been a customer for five or six years and have always had care. anyhows... when i spoke to them, they suddenly said that i would have to accept a 15 quid charge due to my new care contract!!! they did not inform me of this (they said thsat they sent a letter) at all!!! i was f**king furious. basically they started to debit me for a new contract without informing me that one, a new contract had started and two, that the t and c had changed! not impressed with orange that htey are doing this. you are the third person i know of that has had a new care contract 'renewed' without being informed. :shock: all i can say is keep an eye on the b******ds! see this post http://smartphone.modaco.com/viewtopic.php...6607&highlight= i would be very interested to here if this has happened to anyone else...
Guest Rob_Quads Posted December 17, 2003 Report Posted December 17, 2003 If they sent you a letter then there is nothing illegal about it. Even if you didn't receive the letter, if they can prove it was sent then that's good enough in the eyes of the law. I'm affriad it would be up to you to prove that didn't receive it (and that takes some proving if you think about it - just saying I didn't receive it ain't good enough). What about if you counter it saying you sent back a letter saying you did not want to renew the contract. Just get someone to say they remember you sending the letter then surely thats just as good as them saying they have sent it? Also how would they prove they sent it? Do they have a picture of the letter? or would just saying "it was printed out so it must have been envloped and sent out"
Guest SirGaz Posted December 17, 2003 Report Posted December 17, 2003 What about if you counter it saying you sent back a letter saying you did not want to renew the contract. Just get someone to say they remember you sending the letter then surely thats just as good as them saying they have sent it? Also how would they prove they sent it? Do they have a picture of the letter? or would just saying "it was printed out so it must have been envloped and sent out" If your name is on a mailing list and they bring other people forward who are also on the mailing list who testify they received the letter then that is proof enough. In the eye of the law you have to prove that they didn't send it. Interesting thought on sending a letter back though. Obviously not to do anything illegal like lie about sending a letter but you could send one back and "accidentally" put the wrong address on it or something, or bribe the royal mail to lose it :lol:
Guest artax Posted December 17, 2003 Report Posted December 17, 2003 In the end I couldnt find such a letter so I rang orange customer services (not the OVP dept) and explained to the woman what the other person had said. The woman I spoke to said you can just cancel it after 12 months which was what I thought and so I'm happy now :lol: Just have to see what my next bill has on it. Dave
Guest sponge Posted December 18, 2003 Report Posted December 18, 2003 I am very interested in this 'prove you didn't receive it' line. Can you show us some proof of the law being on their side? As far as I am concerned you cannot send someone a letter (or any other form of correspondance) saying if you do not reply we will assume you agree with the contents of that letter! Simply because letters do go missing and it would be open to such abuse. If a letter is that important, it would require a signature on delivery. Not just a simple 1st class stamp. If I am incorrect, then there is nothing stopping you saying you sent Orange a letter informing them that you did not wish to continue with the service (like you say) and ask them to prove they didn't receive it. (A letter would be a reasonable way for you to respond to their attempt to contact you, as it was also a letter - like for like correspondance.) Every contract I have ever seen/read has clauses mentioning 'proof of postage is not proof of delivery'. It works both ways imho.
Guest Coucou Posted December 18, 2003 Report Posted December 18, 2003 I am very interested in this 'prove you didn't receive it' line. Can you show us some proof of the law being on their side? As far as I am concerned you cannot send someone a letter (or any other form of correspondance) saying if you do not reply we will assume you agree with the contents of that letter! Simply because letters do go missing and it would be open to such abuse. If a letter is that important, it would require a signature on delivery. Not just a simple 1st class stamp. If I am incorrect, then there is nothing stopping you saying you sent Orange a letter informing them that you did not wish to continue with the service (like you say) and ask them to prove they didn't receive it. (A letter would be a reasonable way for you to respond to their attempt to contact you, as it was also a letter - like for like correspondance.) Every contract I have ever seen/read has clauses mentioning 'proof of postage is not proof of delivery'. It works both ways imho. I agree. I have heard of cases where even when people have had proof of posting the receiving party has successfully said proof of posting isn't proof of what's in the envelope!
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