* Posts by Draksyl

3 publicly visible posts • joined 30 Nov 2011

Voda: Brit kids will drown in TIDAL WAVE of FILTH - it's all Ofcom's fault

Draksyl
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Surely the issue of contract price increases whilst still enforcing exit penalties is covered under the Unfair Terms in Consumer Contracts (UTCC) legislation:

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/unfair-terms/

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

Essentially this legisltation prevents contracts from being enforced which are completely biased in favor of the vendor, and against the rights of the consumer.

In the case of mobile phone price rises I have succesfully used UTCC to leave contracts without penalty, because whilst the contract does contain a clause allowing prices to be raised - when used in conjunction with a contract exit penalty the net effect is to bias the contract completely in favor of the vendor. I.e. they could effectively raise prices as often as they like, and by however much they like and still charge an exit penalty.

UTCC applies at this point, by only allowing the fair terms to still be enforced, and preventing unfair terms from being enforced. In my case, I offered the telecoms company the choice of keeping the contract price the same, OR allowing me to leave without penalty. But they cannot legally apply both contract terms as that would be unfair to the consumer under UTCC. They chose to allow me to exit without penalty - so I suggest anyone having similar problems studies up on the UTCC regulations.

Orange contract price hike angers subscribers

Draksyl

Unfair Terms in Consumer Contracts (UTCC) Legislation

I left Orange a few years ago when they hiked up the price of broadband - and they tried to charge a disconnection fee when I refused to accept the price hike.

However, the Unfair Terms in Consumer Contracts (UTCC) regulations mean that if a company has standard contracts that the customer cannot influence, and some of the terms and conditions are measurably unfair to the customer and biased towards the company - then those particular terms cannot legally be enforced (though all other T&C still apply).

See the OFT website for more information on UTCC.

In my case I sent a letter to Chief Executive of Orange stating that they cannot simultaneously raise the contract price, and also charge me for leaving the contract as this would be unfair under UTCC. I expected them to either honor my original contract at the original price, or allow me to leave the contract without paying an exit fee.

Orange subsequently wrote back and whilst not admiting they were in the wrong - offered as a 'goodwill gesture' to cancel the account charges.

So if Orange try to apply exit fees for you to leave then wave the UTCC regulations at them!

PS - Writing to any companies Chief Executive usually gets results far quicker than dealing with accounts :)

Draksyl
Mushroom

Unfair Terms in Consumer Contracts (UTCC) Legislation

I left Orange a few years ago when they hiked up the price of broadband - and they tried to charge a disconnection fee when I refused to accept the price hike.

However, the Unfair Terms in Consumer Contracts (UTCC) regulations mean that if a company has standard contracts that the customer cannot influence, and some of the terms and conditions are measurably unfair to the customer and biased towards the company - then those particular terms cannot legally be enforced (though all other T&C still apply).

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/unfair-terms/

In my case I sent a letter to Chief Executive of Orange stating that they cannot simultaneously raise the contract price, and also charge me for leaving the contract as this would be unfair under UTCC. I expected them to either honor my original contract at the original price, or allow me to leave the contract without paying an exit fee.

Orange subsequently wrote back and whilst not admiting they were in the wrong - offered as a 'goodwill gesture' to cancel the account charges.

So if Orange try to apply exit fees for you to leave then wave the UTCC regulations at them!

PS - Writing to any companies Chief Executive usually gets results far quicker than dealing with the accounts department :)