How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I contracted with Orange mobile phone Feb 2014. The phone

Resolved Question:

I contracted with Orange mobile phone Feb 2014. The phone never worked in the areas I needed so I cancelled. They are still pursuing me for £350 through Moorcroft. Surely they are in breach of contract because I was unable to either make or receive a call.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know whether they accepted your cancellation?
Customer:

When I telephoned Orange a young lady took my call. I told her the details and she said she would check my account . She then said I was right there had not been any calls and she would cancel the account and |I should take the phone back to the shop . I subsequently did this and the Manager told me the shop had been taken over by a new firm and the person who sold me the contract had been dismissed. He spent a long time on the phone to orange and then told me that I would have to ring them and ask rteturns package to send the phone backl to them which I did. They never responded and the phone is packed ion the original box on my desk awaiting their instructions.

Alex Watts : You should formally write and complain to Orange. Let me get you the details
Alex Watts : Customer Services, EE,***** Sunderland, Tyne and Wear, SR3 3XN,
Alex Watts : They will investigate the matter and come back to you. They should also have records of when you cnacelles.
Alex Watts : cancelled.
Alex Watts : That should be the end of the matter and if not you can complain to the ombudsman. They offer a free and indepemdent service at
Alex Watts : If that does not resolve the matter then you can complain to the Ombudsman. They offer a free, independent service at
Alex Watts : http://www.ombudsman-services.org/communications.html
Alex Watts : that should resolve any complaint you have.
Alex Watts : Can I clarify anything about this today please?
Customer:

i HAVE ALREADY DONE THIS SEVERAL TIMES . tHEY IGNORE ME. Orange is now EE and they have passed the case to Moorcroft debt collectors > i have contacted Moorcroft and they ign ore my complaint and jsut keep chasing me aand more money.DASsay I have to pay Moorcroft £10 but I cannot see how this helps as they are not going to admit they are wrong. Is'NT this A BREACH OF CONTRACT AS THE GOODS SUPPLIED WERE NOT SUITABLE USE THEY WERE INTENDED

Alex Watts : Have you been to the Ombudsman?
Alex Watts : i agree, the goods supplied were not fit .
Alex Watts : purpose
Alex Watts : This is why you need to take it to the ombudsman.
Alex Watts : The ombudsman will have a view.
Alex Watts : Even then you can refuse to pay, say take me to court.
Alex Watts : They would then have to show that their equipment did provide a service. They can't show that because it did not.
Alex Watts : But the ombudsman is the next step .
Alex Watts : Can I clairfy anything about this ?
Customer:

I originally asked with O2 network as I had previously found this worked. and I lost my old phone. The salesman told me theydid not do O2 any more which was a lie and sold me on orange. When I found it did not work, and I did try it over a reasonable period ,, I rang and cancelled. I have since purchased a new phone and got an O2 network and it works perfectly .

Alex Watts : Sure. You need to go via the ombudsman that has to be your next step.
Alex Watts : That should resolve the complaint once and and any alleged debt
Customer:

Ok Thankyou I will get that done. Can you tell me who is CISAS?

Alex Watts : http://www.cisas.org.uk
Alex Watts : Adjudication scheme. The ombudsman may refer the dispute to them
Alex Watts : Either way you get an external body to look at this.
Customer:

Thankyou . DAS say I should inform them of the case

Alex Watts : Poor network coverage won't be the first time the body has needed to deal with that as s complaint
Alex Watts : yes,I would do that too. The ombudsman and CISAS
Customer:

Many Thanks I will do as you say.

Alex Watts : Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the scren
Alex Watts : screen
Alex Watts : If you need more help please click reply
Ash and other Law Specialists are ready to help you