marquise:

It was agreed that I would have illimited Internet access and I don't. We agreed that my evening and week-end calls would be free but they are not etc.

Once you are over 18 it is generally accepted that if you say "I agree to an 18 month contract" then you mean it. However, as I stated previously, if there is a problem you can ask them to put things right and then, if they don't, you can end the contract. You do not have much reason to take the provider to court but, if you stop paying, they may well take you to court and that is where you can put your case. Before you stop paying, I would advise that you take the following steps.

Write (don't phone), giving full details of the problems, related communications and any action taken. Your letter should request that the problems are rectified within 30 days. If they do not put things right, your next letter should state that you believe that they are in breach of the contract and, unless they start to fulfil thir side of the agreement within the next 30 days, you will cease payments.

The likely outcome of the above course of action is that the alleged debt will be passed to debt collectors. You should state in writing that you dispute the debt but would be happy for the matter to be passed to a local court and decided there. If it goes to court, you should attend, take copies of your letters, posting receipts and any other relevant documents and you should put your case there. It is possible that, if you state the reasons for disputing the debt and you state that you would like the matter to be decided by a court, then the provider may well not take things any further.

Its a simple matter of Terms and Conditions. If you do not like them then you do not sign up to them but this will mean that you will not have a landline and quite probably no internet either. It is no different for any other person and nobody will force you into a contract but it is the companies T&C and its not a matter of whether you like them or not, it is a matter of whether you agree to them or not and if you do and then xchange youir mind then the company will have set down what the penalties are. If you pay the penalties then you can leave the compnay and look for a new provider but they will likely haver the same type of contract that will also be legally binding.

So far as your own contract, if it was signed up over the phone then they will have a recording of the phone call which they can use as a verbal contract (still legal) however this will also work the other way too. If they have a copy of the verbal contract with which to legally bind you then they should also have a copy of what the contract involved so if you did agree to unlimited internet and evening and weekend calls then the phone call will list this too. I would suggest that you get them to check over the phone call to see what was agreed and if it was not what you are receiving then you ghave the breach that you are wanting and can then discuss leaving the provider....or they can just rectify the problem and get you what you want.

Thanks.

I'm actually talking about my land line and internet connection and not a mobile phone.

I was done over the phone so I did not tick any boxes. It was agreed that I would have illimited Internet access and I don't. We agreed that my evening and week-end calls would be free but they are not etc. I did call them but they said that they couldn't change anything and that if I wasn't happy I could leave but I would have to pay for another 12 months. I will take them to court, it is not a problem; this matter is being legally looked at and I will make it as public as possible because they do not try to solve the problem, they just claim money, money, money! They really don't care about customers. Pathetically they staff do not understand that it is only a job and they think they can threaten you or insult you over the phone.

All this was not the point. If a provider is good why do they need to force you to sign up for 18 months? And why excactly the law does not entitle you to choose and leave them at anytime without penalties. I don't care about they terms and conditions - I am a human being with rights and I should be allowed to choose who I deal with without being punished!

You really look to me like a little soldier... nobody should be allowed to force you to do anything you don't want to do and you should be allowed to change your mind... nobody should be allowed to take the money you work hard to make if you don't want or need their services. Isn't it something called human rights? We are a few here to look at it and see if the contract is legal - signed or not signed! I have just contacted a journalist who is ready to publish the outcomes of this investigation. Orange might win and get 12 months money from me but how many potential customers will not sign with them after that? Forcing people has never worked.

The Unfair Terms in Consumer Contract Regulations 1999 (UTCCR's) could be applicable to your problem. If you believe you have been placed at a significant imbalance or disadvantage, or the contract term has been extended without your knowledge or permission then section 5 clause (1) and (4) may be applicable to your case.

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

A contract is a legal document that is binding on both parties so if the contract term is for 18 months then Orange are entitled to be paid for that length of time and you are entitled to upgrades (if applicable) and a good service for that period of time. It is how they recover the cost of the shiny new phone you got for "free" at the start. If you didn't sign any documents than I assume you signed up over the internet and ticked the relevant box to say that you agreed with the terms and conditions. This makes you liable to fulfill them and Orange could take you to court if you don't.

If Orange breached the terms of the contract then yes you could ask them for a contribution towards the costs of phoning them up and chasing them as well as exiting the contract early with no penalty.

If you don't want to feel like you are in a prison then at the end of your contract buy a new phone outright or keep your old one and have a SIM only rolling contract which you can cancel at a months notice.

Actually I feel like we are back to the slavery time.

Providers impose you a minimum time and they have terms and conditions to which you have to obey and you cannot leave them or else you'll have to pay them money!

Am I the only one who feel like in prison? Do they own us?

They provide a service - good or not this is not the question! - and we pay them for it. But we should not be penalised if we don't want to deal with them anymore for whatever reason. We do not have any freedom!

Is it because Orange (not only though) is so bad at taking care of the customers that they create rules so that you can't leave?! If they fail to provide the service they promised you can leave but you can't ask for compensation for the trouble it caused you trying to make it work or the time you wasted contacting them, the frustration and the stress but if you want to leave you still have to pay them! Am I really the only one who think this is normal?

Thank you for this although it looks a bit like you are jugding me. Do you work for them?

If you read my text you'll see that I did not give a reason - and I have one which is not that I just changed my mind. And even if it was the reason, I still think that I would have the right to be Free to stop the contract at anytime! That is why I asked the question about legal rights, not about what they can impose and what I must do to make them happy!

The question is not "Am I right or am I wrong", the question is "is there any laws that protect customers and their freedom to choose"? Not to mention that I have never signed any documents.

You are expected to stand by what was agreed, and so is the provider. If you've been promised good coverage at your address but don't receive it, or if there is something else seriously wrong with the service, then you might have a case for cancelling if you tell the provider and they fail to put things right. If you've just changed your mind, then you either complete the term or pay the penalty.

Another time you should consider pay as you go or rolling 30 day contracts if you are unhappy with an 18 month committment.

Hi there

Do you know if there is a law that overrules a 18 month contract? or overrules providers terms and conditions?

Orange is saying that if I want to terminate my contract with them I have to pay for the rest of the contract because I agreed (yet signed no documents) an 18 month contract with them.

Does this means that when we agree a contract with a provider we lose our freedom? Have I really to pay the total fee for another year if I want to leave them? So I either pay them the total fee for 12 months in one go and I'm allowed to have another provider or I am stuck with them for another year?

What are the legal value of those terms and conditions that they impose us? It's like going to prison; they can change the terms but you can't leave them????

Thanks

M