Orange contract cancellation letter.

Dear Sir/Madam,

At 19:21 on  7^th August 2009 I received a text message stating that Orange were altering pricing structures for calls that are not included in my plan.

This is an alteration to a contract which I signed and agreed on 26^th June 2009.

In the terms and conditions of the contract to which I agreed, the contract clearly states:

“4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:

“4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period.”

As a result of the contract alteration (varying of terms) by Orange, I made contact with Orange customer services three separate times around approximately 09:15 on 8^th August 2009 to begin the process of cancelling the contract since I do not agree to the new contract terms and conditions.

I was advised by at least three separate Orange representatives that I was not “eligible” to cancel as I was not exceeding my plan minutes. However, as stated in the text message sent by Orange:

“Hi from Orange. From 14 September we’ll be changing the cost of some calls that are not included in your plan. See http://orangeworld.co.uk/r/11/ for details.”

This message clearly states that the alterations Orange are making are outside of my plan, therefore I am affected and therefore I have a legal right, under the terms and conditions of the contract, to cancel.

My requests to cancel the contract were repeatedly ignored by telephone and I was categorically told in the rudest possible manner that my contract would not be cancelled because I was not “eligible”. Orange is in breach of the contract’s terms and conditions and is not abiding by a request to cancel the contract without penalty buy-out clauses.

I am notifying Orange as requested in writing, stating my disagreement with the alterations to the contract terms and conditions and, under the terms and condition of the contract, request that the contract is cancelled immediately with no penalties and a Porting Authorisation Code (PAC) be forwarded to allow me to transfer my telephone number. I expect this to take no longer than seven days.

If I do not receive any response within seven days, I will raise my complaint directly with Ofcom for them to deal with on my behalf.

Regards

Lewis Roberts