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Orange FUP - throttle speed if you exceed.
jon41
Posts: 1,427 Forum Member
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Just had a text from Orange saying,
Now the IPhone extra 51 plan has no fair usage limit and is unlimited and it clearly states that on the plan info & terms. I've phoned Orange but they'd said I need to make a complaint first for them to then pass it to the "legal" team.
Anyone else had one?
We've noticed you've exceeded your fair use limit in recent months. We wanted to make you aware that from September 2013, we will limit your speed if you exceed your fair usage policy in any given month. For more details on our policy and how to manage your data, visit http://web.orange.co.uk/tandcs it's free to access
Now the IPhone extra 51 plan has no fair usage limit and is unlimited and it clearly states that on the plan info & terms. I've phoned Orange but they'd said I need to make a complaint first for them to then pass it to the "legal" team.
Anyone else had one?
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That's terrible.
How much did you actually use?
I remember promoting this plan on here saying Orange where the only network to rival Three (more expensive of course).
Last month it was just under 80GB which is lower than normal.
I also recommended it to everyone just before we found out that it was going to be withdrawn from sale.
If i remember correctly i read through the T&C as well and there was no mention of fair use or throttling at all.
I know it was the same thing, no fair usage policy, unlimited tethering, no speed slow down.
Only reason id be paying £51/month!
I don't want to terminate the contract either, I want to keep the unlimited data plan.
If they are going to enforce it on us then it *should* allow us to cancel penalty free as it would be to our detriment.
The plan would no longer be unlimited, or have a no fair usage cap which was the only real selling point of the plan.
At least it wasn't just me who got the message, I've only had it on 1 of our numbers though.
I was going to wait and see if it actually happened in September but as others are getting the message too I think I'll put the complaint in writing over the weekend.
They said it wouldn't be reason to cancel the contract though... I somewhat disagree with that.
Thanks for letting us know.
I disagree as well, the plan was sold as unlimited with a no FUP so to now add a FUP means it's also no longer unlimited and puts us at a major disadvantage and Ofcom / CISAS should side with us.
So cancelling while an option isn't the one I'd like.
If they honour the contract as it stands now then I'd be happy but what we don't yet know is if all they are doing is saying you can't go over 100GB per month or knocking us down to a fixed 20GB limit and if you go over you get charged.
EE certainly going out their way to upset customers though.
Yep. Don't see what they have to gain by this.
I can totally understand load balancing going on in the back end; if a cell is overloaded then of course I'd expect EVERYONE to be slowed down. But if the cell has lots of spare capacity then why should I be penalised for actually wanting to use my allowance, that being unlimited!
Trying to find a whiff of the "Orange iPhone Extra 51" tariff online is a struggle! It seems like they've tried to erase it from the face of the earth!
I looked up the T&C for Post Feb 2012 (I think) PAYM contracts and found this:
Summary - It says if you are OUTSIDE of your ALLOWANCE - but if the allowance is UNLIMITED, then it would be impossible to be OUTSIDE of this allowance.
Also, they can't identify what you're using the connection for so how can they know if you're using video streaming services, IM, Video conferencing etc... seems odd
I did wonder why last month when I did an upgrade it would offer any phone free of charge as long as you changed to a different plan, and now it makes sense to get as many of us off it.
It certainly is strange, I guess all we can do is wait until they announce it to see just what they are doing
I phoned again, (after a 1 hour hold time) just to make sure, and another adviser checked with their manager whole said to disregard the text it wasn't supposed to be sent to people on our tariff!!!
Seriously.....
This is the link she sent me;
http://studio.orange.co.uk/mobileterms/pay-monthly-iPhone-terms2.html
This was not present when i signed up (why the hell would you choose a 750mb limit over a cheaper higher MB usage plan!?) and i'm certain it constitutes a breach of contract from their side.
Da ****????
No way. It was 100% unlimited with no fair use policy at all. That's been added in. I remember reading the T&C myself at the time and there was no mention of a 750mb fair use.
Time to contact the head office i think guys.
Although this part isn't exactly optimistic, then again what and when was the reasonable notice provided?
There's a variation clause, there always is, so they can just change the terms whenever they like. Of course that doesn't affect your statutory rights under the unfair training regulations. They have to notify you of any significant changes and then you have I think 30 days to lodge a complaint or request to cancel, once this is up you're deemed to have accepted the new terms. So it depends whether (a) they are deemed to be unfair and would impact you based on your usage and (b) when they changed them and if they notified you.
And that's exactly what i'm questioning
My bills are all done online and i've had no other notice of this other than the initial text message.
send an email straight to the top...seeing as there are a few of you suffering this maybe those at the top need to pick this up?
executive.office@orange.co.uk
or
executive.office@ee.co.uk
I am pretty sure its the former.
Good luck
I'll upload everything when I'm back
http://i42.tinypic.com/30sk94o.jpg
"no fair usage policy applies"
Fantastic.
And AyeUp - Yeah I think if everyone e-mailed with the same subject line it would help it be noticed too - i.e. Subject: Unfair FUP Addition to iPhone Extra 51 Tariff.
Going to give them a bell tomorrow and see if they have any more info.
Referencing
http://e-gain.s3.amazonaws.com/external/content/Orange/Terms%20and%20conditions/PAYM-terms-and-conditions-for-the-supply-of-Orange-Network-Services-20121031.pdf
4.3 says:
terminating your Contract because Orange has changed its terms
4.3 You may also terminate your Contract if we give you written notice to vary its terms,
resulting in an increase in the Charges or changes that alter your rights under this
Contract to your material 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 giving
you written notice about the changes).