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Orange want me to return phone due to contract disagreements |
cornishbird
Joined: Jul 22, 2006
Posts: 30
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On 2006-07-28 00:45:19, Boz250 wrote:
Right this is actually quite normal, I used to work for carphone and ill explain what it is.
Orange and T-Mobile, do 2 credit checks, the first one which is the one you passed and usually upto 5 days later another one and this is where u must have failed it. Now in my time at CPW i saw this a few times, its bloody annoying but lets me say this none of my customers brought the phone back nor did i have to force them as far as CPW where concerned the phone was sold! so i wouldnt even personally bother ringing them dont send it back use it and if they bar it which im sure they wont then thats that. But as far as explaining why this happens thats it ive seen it before and its the worse thing both companies do.
Hope that helps
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I missed your post earlier - I LOVE YOU!!!!!
Im so glad im not the only one who has had this happen and it makes me feel soooo much better to know others did the "dishonest" thing by keeping it too lol
Im going into college tomo so i think il pop into somewhere to buy an orange payg sim - then if its all ok and stays ok and unbarred, for a few weeks, i can get it unlocked - sign up for another 12 months with my current provider - o2 - and see what phone they offer me for my upgrade!!!!!!
yippee hopes this works after the stress orange have cause me this week
BUT at least i can use the radio etc - you guys have got to see the camera quality -its wicked!!!! |
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london-uk
Joined: Oct 01, 2003
Posts: 214
From: Londres
PM |
Whilst I do not know your exact position regarding whether or not you had entered into a contract with Orange. I would tend to think, on balance, that should Orange ask for the phone to be returned, that they have a basis for this. It would most likely be through a clause stating that you had to pass some type of credit check in order for them to enter into a contract with you. It would seem that you failed the credit check, thus voiding any potential contract you were about to enter into with them. The handset itself would be part of that contract. At this point, your failed credit check would have voided the contract. Thus far it is a civil matter in the eyes of the law i.e. you return the phone, and the matter is resolved.
I feel that I must advise you as to the ramifications, should you choose to keep the phone. Legally, Orange could argue that you have misappropriated the phone. This is the point at which the situation transforms from a civil matter into a potential criminal case. The CPS will not be interested with such a small case. However, Orange might choose to go ahead with a private prosecution. People are often surprised by the arrival of summons. It is not a nice thing to have to appear before a Court answering criminal charges.
I hope you work the situation out to your satisfaction.
(The above statements are general in their nature. Do not take any action solely or partly based on the above statements. Before taking any action (or omitting any action) you should take independant legal advice. Any "advice" given above should not be construed as legal advice)
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[ This Message was edited by: london-uk on 2006-07-28 11:47 ] |
goldenface
Joined: Dec 17, 2003
Posts: > 500
From: Liverpool City Centre
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Quote:
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On 2006-07-28 02:05:49, london-uk wrote:
Legally, Orange could argue that you have misappropriated the phone.
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How could they possibly argue this point?
In this scenario, Orange would have to prove that Cornishbird deliberately intended to enter into a contract, knowing she would fail a credit check, in order to misappropriate the phone.
How could they possibly prove this when she has already has a contract with O2?
She failed the credit check.
There is no contract.
They boobed.
Their loss.
Case closed.
Thats how I see it 
(please, correct me if I am wrong  )
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aminator
Joined: Jul 13, 2006
Posts: 138
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ive come accross this with o2 aswell, its not uncommon for it to happen, normally the network lets it go as it was their mistake for supposedly doing a credit vet, then accepting you, then saying actually no we cant give it to you. Keep it!
Also they cant tell you why you failed the check as its not the companies buisness to know, if you do however want to know, the people to ask are Equifax and Experian who manage peoples credit in the UK |
Cycovision
Joined: Nov 30, 2003
Posts: > 500
From: England
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I think the best thing to do would be to go to your local citizens advice bureau and explain the whole situation to them just to see where you do stand legally.
However, personally I agree this is entirely Orange's mistake. If they knew that you had to go through a second credit check that would take a short while, why on earth did they send the phone out to you before getting the results back?
I don't see how you could have misappropriated the phone if Orange were happy to send it out to you in the first place. It's not like you were refused a contract straight away and so ran out of the shop with the phone in your hand!
To me, it sounds like this is their cock-up although you need to make sure that this kind of situation isn't covered in the small print of anything you signed, verbally or 'electronically' agreed to. This is where citizens advice could be useful.
I'd like to say that surely Orange wouldn't go to the bother of taking legal action over a single mobile phone but considering the crazy way that many large organisations operate these days, I really can't. Don't let that put you off keeping it though, just get some solid advice under your belt.
Good luck and keep us informed!
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thegreatone
Joined: Sep 28, 2005
Posts: > 500
From: hellmouth,sunnydale
PM |
i don't think they go that far i think they will just block the phone so you can't use it.@cornishbird good luck with it
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[ This Message was edited by: thegreatone on 2006-07-28 10:56 ] |
cornishbird
Joined: Jul 22, 2006
Posts: 30
PM |
Thanks for all your replys and advice - just to give you all a quick update......
Today i went into college and thought id try my best mates orange sim card in my phone - guess what!.............it worked - let me send a txt with her sim lol - although i dont know how long this will last lol
Just a matter of waiting now i think.....im gonna wait until next week - try her sim card again, and just use the phone for photos, radio etc in the mean time...THEN if it still works next week i might get it unlocked to any network - keep my o2 contract!! sign up with another 12 months with them ( after blagging a really good deal outta them lol) - and use my o2 contract sim in my new unlocked k800i (IF its still working!!)
I cant seem to be able to get any solid advice in phone shops - but hey - its worth a try! |
peanut
Joined: Mar 18, 2002
Posts: > 500
From: UK: Oxon and Leics
PM |
I can tell you quite certainly (I deal with similar contract issues) you do not own the phone nor are you entitled to use, sell or unlock it. You failed the credit check and unfortunately as all organisations will tell you they are not able to give you the reasons why.
IF orange hadn't contacted you within 90 days you would be entitled to keep the phone - but keeping it isn't using it. That's something entirely different. You would in effect just have a box that doesn't work on the orange network.
The issue is they have contacted you and adivsed a no cost address for you to send it back to - therefore you can't argue that you don't have to send it back.
If I was you I would go and see a CAB anyway and get the visit logged with them - because if Orange come after you (which they won't, a collection agency will) then you won't have a leg to stand on if you can't prove you have at least tried to seek out your legal position.
It will simply look like you have ignored them AND it will be registered on your Insight data with both Equifax and Experian as either a fraudulent account or a Default even if you have been refused the second credit check. It's not worth the hassle - these things can pop up and bite you on the arse at any time in the future. |
Spawn
Joined: Apr 25, 2003
Posts: 338
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Why not just send it back to them Orange, go back to o2, im sure you have a certain few days in which to change your mind should you want to go back. Im pretty sure the letter they sent to me said something along those lines etc.
Anyways you can get the k800i on o2 as well, personally i think orange suck big time with their butchering of the phones they have whereas o2 dont really mess with their phones too much and are unlocked to all networks. |
whistla
Joined: Aug 22, 2005
Posts: > 500
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Well... nowdya syou cant trust the royal mail so if you sent it back to them via first class it might just get lost in the post!
I would just keep the phone and dont use it for 90 days and after that if it does get blocked then ebay it, it will still be worth a bit and if not, use it!
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Mr Miyagi
Joined: Mar 28, 2005
Posts: > 500
From: UK
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yeah i agree just send phone back and stay with o2 and get it with them. At the end of the day, they will chase you for the money value of the phone, weather or not you got it free with the so called contact they did not let you go onto. They will bill you for the full value of the phone, if you fail to pay up, it will be xferred to the debt collections to chase you up, then they will issue you with a county court judgement etc. so just be aware of that. |
cornishbird
Joined: Jul 22, 2006
Posts: 30
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well.....what a mix of opinions we have here lol!!!
Theres the good honest peeps, the slightly in the middle peeps and........ the downright naughty peeps!!!
hate to say it but.... ive never been one for behaving myself - and you have to admit - its good to be naughty every now and again!!!!!!
guess il be counting down the next 90 days eh!
well actually im down to 87 already!!!!!!!!! |
goldenface
Joined: Dec 17, 2003
Posts: > 500
From: Liverpool City Centre
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Next time you speak to them just tell them you have sent it back to the address provided already, to keep em quiet. :-)
This message was posted from a WAP device |
maggflodd
Joined: Apr 20, 2006
Posts: > 500
From: <500
PM |
Well, cornishbird... Maggflodd's all for a bit of fun with corporations - and there are plenty of nice ways of getting a bit of fun out of their mighty arrogance... However, you really want to take a moment to consider all the bite-you-in-the-back-later-possibilities: by the time they'll hit you the k800 may well be half price and an oldish hat. So once you're over the new-excitement will it still be so naughtily funny, or will it be 'f*ck, I was a bit daft'? Only you can tell. And s.o. WILL say, if it'd been a leased car would you have considered using it and selling it off to poland once it gets to hot? Contracts with those big-f*cks are painful, and no, they don't give away stuff for free (they add the con to tract...), so who cares... I am not saying do a, b, or c! I am just saying this thread explains quite nicely why I would never go contract! If you give them back the phone, you can still have some nice and thought-through revenge. Just a thought... I'm not the preacherman, though, so, yeah, do fu*k them. But do it smartly and after you've gotten over the initial frustration. |
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Posted: 2006-07-28 01:29
W810i
