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Mobile Connections
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Should there be a protest in Birmingham and other areas against the uncooperative networks?
yes
94%
 94%  [ 55 ]
no
5%
 5%  [ 3 ]
Total Votes : 58

Author Message
orangeproblems
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Joined: 27 May 2008
Posts: 3

PostPosted: Tue May 27, 2008 12:01 pm    Post subject: Very Important Orange code of practice Reply with quote

See below code of practice ornage should follow, will help the people want to take orange through legal process.

Code of Practice for the sales and marketing of subscriptions to mobile

Networks



Introduction

There are in excess of 66 million active mobile accounts in the UK. In search of ever

improving tariffs and services, customers regularly change their packages, either

staying with their current network on a different tariff or switching to another network.

In order to serve this customer demand, there is intense competition within the

mobile retail segment, through direct sales, service providers and resellers, to retain

and/or acquire customers. In general, this is of great benefit to customers.

However, because of the intensity of the competition, it is also necessary to guard

against the risk of customers being confused or misled during the sales process. A

customer must be clear as to which network and tariff he or she is being signed up to

and what his/her obligations will be under the terms of the contract with the mobile

operator and, if applicable, the reseller.

As a consequence, the signatories named below have agreed this code of practice

(the “Code”), defining the principles of best practice for promoting and selling mobile

airtime subscriptions, including pre-pay airtime, (“mobile services”) services and

handling any complaints arising from the sales process.

Under the Code, mobile operators have flexibility as to how they apply these

principles to their respective retail channels. For example, they may forbid a

particular mode of selling altogether or set out terms and conditions in their contracts

with third party dealers/distributors/resellers (collectively referred to here as resellers)

following the principles of the Code. However, nothing in the Code limits the rights of

any party to take any relevant action against any other party in accordance with their

legal and/or contractual rights.

The following sections set out the guidelines as to what constitutes acceptable

practices to be followed by those marketing and selling mobile services:



Training



The representatives of all organisations selling and promoting mobile services should

be properly trained and have sufficient understanding of the products and services

they are promoting and selling. Topics to be covered in any training process should,

at a minimum, include:

the relevant operator’s customer terms and conditions,
the terms and conditions applied by the reseller (if applicable)
the process for ordering the mobile handset and subscribing to the network
service,

the relevant principles of consumer protection law, details of the tariffs offered by the operators and charges that will be incurred by customers and methods of payment;
customer cancellation processes and
procedures for handling customer complaints.


Applicable laws



The sales and marketing process must be carried out in accordance with all

applicable laws and regulations. An indicative (non-exhaustive) list of relevant

legislation is provided in the Annex to this Code. This list does not constitute legal

advice. All operators and their resellers are responsible for consulting their own

advisers, as appropriate.



Customer contact



a) All approaches to current or prospective customers should be made at an

appropriate time of day. For example, if the approach is to be made by telephone,

the call must be made at a reasonable time of day, say after 8.00am and before

9.00pm.

b) Customers that have signed up to the Mailing Preference service, Telephone

Preference Service, the Fax Preference Service and the E-mail Preference

Service must have their wishes respected.

c) All data used to contact prospective customers must be obtained in a manner

that complies with UK data protection law.

d) All automated calling equipment should be used in a way that is compliant with

Ofcom’s policy for preventing the persistent misuse of electronic communications

networks (see Annex).

e) At the start of any telephone call with a consumer, the caller must introduce

himself/herself clearly and fully and state the purpose of the call, for example:

“Hello, my name is …………… and I am calling from [organisation], an authorised

dealer for [network].”

The expression ‘calling on behalf of [network]’ should not be used.

f) Representatives should not abuse the trust of vulnerable customers; e.g. those

who are elderly or whose first language is not English.

Sales and marketing campaign records including recordings of conversation should

be maintained by the organisation making the sale or conducting the marketing

campaign for six months. These should include the date and the time of the

conversation with any contacted person and sufficient information to permit the

identification of the representative involved, so as to assist in dealing with any

subsequent complaint or inquiry, if required.



Entering into a contract



Before accepting an order, the reseller must take all reasonable steps to ensure that

the contacted person understands that he/she is entering into a contract, the key

features of that contract and the names of the contracting parties.

Once the contacted person has agreed to place an order, he or she must be

furnished with the appropriate information, which, at a minimum, should include:

a. A clear statement that a contract is being entered into, and the key

features of that contract including;

i. any minimum period of contract,

ii. minimum contract charges, and

iii. any early termination charges.

b. The name of the company or companies with which the customer is

contracting and its contact details (generally the reseller for the

handset, and the operator for the airtime. Sales incentives can come

from both parties. The details of each must be made clear to the

customer, if applicable).

c. Details of the cancellation rights that apply to the product and /or

services the customer is purchasing, including the period in which any

cancellation rights can be exercised and confirmation that the

customer has the right to change his or her mind without cost during

the cancellation period.



Sales incentives



If any part of the offer to the consumer contains a sales incentive, the consumer must

be provided with a clear written statement as to which legal entity (i.e. dealer or

mobile operator) is making the offer and is undertaking to meet that obligation. The

terms of the offer must be clearly and prominently stated in writing, be made in good

faith and not be unduly restrictive.

For example, in relation to a cash back offer, the following terms should be regarded

as unreasonable:

- a requirement that the customer submits their original statements – copies of

statements should be acceptable proof;

- charge for processing a cash back claim;

- a requirement that cash back claims are submitted within an unreasonably short

period (such as anything less than 60 days, for example);

- terms stating that a cash back payment will not be made if the customer has an

outstanding balance on their account.

The following sections cover the mobile operators’ undertakings



Due Diligence



Mobile operators (or, their appointed distributors, as applicable) will carry out due

diligence on all organisations with whom they contract and appoint to promote the

operator’s network services. In particular they will:

Carry out a credit reference search and check that the company does not have a
history of failing to meet its undertakings to creditors.

Check the organisation against any information supplied to the operator by
Ofcom and/or the local Trading Standards office to ensure that the organisation

concerned has not had contracts terminated with other mobile network operators

for breaches of this Code.

Check that the directors of the organisation concerned have not been directors of
other resellers that have filed for bankruptcy or gone into administration owing

money to the operator’s customers

Make spot checks, on a sample basis, to assess whether due diligence
information remains up-to-date and relevant.

Reserve the right to request copies of the retailers customers terms and verify
that that are compliant with the operator’s minimum business terms (which will

include reference to applicable laws)



Handling of complaints



The mobile operators have in place processes for handling complaints about the sale

and promotion of their mobile services. These processes include handling complaints

from customers that have been subjected to ‘slamming’ or who are having difficulties

in making claims on sales incentive schemes and advising them on how to obtain

redress. Mobile operators do not, however, underwrite the obligations of other legal

entities.

If a mobile operator receives a complaint in relation to the sales and marketing

activities of another mobile operator’s dealerin contravention of this code, the

complaint will be passed to the mobile operator whose dealer is the subject of the

complaint for investigation. Within a reasonable time frame agreed between the

respective operators, that mobile operator will respond to the complainant mobile

operator with the findings of its investigation.

Where a customer’s complaint is found to be valid, if practical and appropriate, the

complainant mobile operator will endeavour to re-instate the customer’s original

contract and telephone number.



Monitoring of compliance with Code requirements and escalation procedures



Mobile operators, through regular monitoring, will take reasonable steps to make

sure that their resellers are complying with the Code.

On discovery of an instance of non-compliance with the Code, mobile operators will

vigorously pursue the case and will request that the reseller promptly investigates the

complaint and in no more than ten working days provides an explanation for any

apparent breach of the Code.

If the reseller fails to provide an explanation or the explanation is not satisfactory, the

mobile operator will escalate the complaint to senior management within the

reseller’s organisation. In the case of serious or repetitive breaches of the Code,

mobile operators will send a written warning to the reseller. The written warning will

include details of sanction(s) that will be imposed on the reseller should the reseller

continue to be in breach of the Code.

Providing always that it acts proportionately, a mobile operator will invoke contractual

penalties, including termination of the reseller’s contract, if it fails to cease and desist

its non-compliant behaviour after a written warning.

In the event that a mobile operator terminates a reseller’s contract for breaches of the

Code (as opposed to the normal course of business), the mobile operator will inform

Ofcom and their Trading Standards home authority.



Monitoring of complaints



On a regular basis, under the auspices of the Mobile Broadband Group, the mobile

operators will review complaints that have been received by them and Ofcom in

relation to the Code and its subject matter. In particular, operators will detail the

number of complaints that have had to be passed to other operators for investigation.

They will also give examples of the types of activity and behaviour that have given

rise to complaints. Where appropriate, the Code and associated processes will be

reviewed to take account of new information.

On a twice-yearly basis, the mobile operators will meet with Ofcom to report on the

level of compliance with the Code and any other relevant information.



Awareness of the Code



The mobile operators will make reference to the Code on their respective consumer

facing web-sites and provide a full copy of the Code either through a link on a web

site or a printed version by post, on request.

The signatories will place contractual obligations on their distributors and dealers to

comply with the Code of Practice.

Mobile operators will use their reasonable endeavours to ensure that all resellers of

their services similarly make the Code available to their customers.

A copy of the Code, together with information on how to make a complaint, will also

be published on the web site of the Mobile Broadband Group.



Signatories

O2

Orange

T-Mobile

Vodafone

3

31st July 2007





Annex: Indicative list of relevant legislation.



This is a non-exhaustive list and all retailers and resellers are responsible for seeking

guidance from their own professional advisers. In addition to general Consumer

Protection and Sale of Goods legislation, the following may have particular

application in this context.

Persistent Misuse of Communications Networks

Ofcom’s statement on the persistent misuse of electronic communications networks,

pursuant to sections 128-130 of the Communications Act 2003:

www.ofcom.org.uk/consult/condocs/misuse/misuse_state.pdf

Distant Selling

Consumer Protection (Distance Selling) Regulations 2000 (known as the ‘Distance

Selling Regulations’);

“A guide for businesses on distance selling” published by the Department for

Trade and Industry and the Office of Fair Trading (September 2006). (See

http://www.oft.gov.uk/NR/rdonlyres/1E6F3C94-8BB0-4374-A65B-6281

E030C3C9/0/oft698.pdf )

Consumer protection and unfair contract terms

The Consumer Protection (Cancellation of Contracts Concluded away from Business

Premises) Regulations 1987, SI 1987 No.2117

The Unfair Terms in Consumer Contracts Regulations 1999, SI 1999 No.2083

Data Protection

Data Protection Act 1998 (the ‘DPA’);

Privacy and Electronic Communications (EC Directive) Regulations 2003 (the

‘PECRs’);

“Guidance to the Privacy and Electronic Communications (EC Directive)

Regulations 2003” published by the Office of the Information Commissioner

(www.ico.gov.uk);

“Legal Guidance: Data Protection Act 1998” published by the Office of the

Information Commissioner (www.ico.gov.uk);

Telecommunications Lawful Business Practice (Interception of Communications)

Regulations 2000 (the ‘TLBPR’).
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Mohammed Afzal
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Joined: 17 Sep 2007
Posts: 305
Location: Birmingham

PostPosted: Tue May 27, 2008 9:27 pm    Post subject: Reply with quote

that proved most educational, thankyou to the person who posted it.

Regards
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Mohammed Afzal
Mohammed@priceshock.co.uk
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mark
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PostPosted: Wed May 28, 2008 5:29 pm    Post subject: Reply with quote

Hi Orange Problems,

Thank you for your post and welcome to the forum.

Regards



Mark
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mark
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Joined: 13 Sep 2007
Posts: 181

PostPosted: Thu May 29, 2008 1:08 pm    Post subject: Reply with quote

When requesting template letters to be sent please include your forum id so I can verify your email address.

Kind Regards


Mark
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orangeproblems
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Joined: 27 May 2008
Posts: 3

PostPosted: Thu May 29, 2008 5:27 pm    Post subject: Reply with quote

orange's internal policy; this is what orange tells their advisor's to say to customers

Dial A Mobile ceased trading - what to say to customers

Please use the following reactive statement if needed and follow the migration process on the next page should a customer tell you they wish to change their package or cancel their contract.

Birmingham dealer ‘Dial A Mobile’ ceased trading at the end of August. As a result a number of customers who joined Orange through this indirect retailer have not received their ‘cashback’ from deals they entered into with Dial A Mobile and any companies it trades by (Dial A Mobile also trades as Mobile Connections).

Customers are being asked to contact Orange directly for resolution to the problem. Please use the following reactive statement and follow the migration process on the next tab (if needed).

what to say to customers:

“Unfortunately, the business practices of Dial-a-mobile were brought to our attention too late for us to prevent a number of customers being signed up.

In effect Dial-a-mobile customers have entered into two contracts -one with the dealer for the cashback and one with us for the mobile contract.

If you have not received your cashback then you should contact the receivers by email on Dialamobile.recovery@tenongroup.com

We are already implementing significant changes to the terms and conditions we set for indirect dealers, regulating how cashback deals and outbound calling are conducted which we believe are stricter than Ofcom recommendations.

Consequently, any retailers who we discover are not conforming to our standards will be removed from our roster of distribution partners and will be stopped from selling Orange phones. We have already stopped working with over 100 dealers in the past 12 months who have not met our expected service standards”
Please follow the process below only if the customer tells you they wish to change their package or cancel their contract

First confirm if the customer did connect through this dealer by checking CSS under the dealer code – 00505157, then:

• scenario 1 - customer is in last 3 months of their contract

Transfer the call to Retentions.

• scenario 2 - customer is NOT in last 3 months of their contract

Discuss the customer’s usage and the possibility of moving the customer to a more suitable Indirect talk plan for the remainder of their contract if applicable. The Migration policy can be overridden for these customers only. Please ask your Team Leader to authorise the override if needed.

Ensure the customer is made aware of the full details of the talkplan they will be moved onto and that their
account is fully note-padded confirming your discussions.

• scenario 3 - customer wishes to disconnect

If the customer does not want to change talkplans and wants to disconnect, advise that they will be eligible to pay the remainder of their contract before you transfer them to Retentions.
[/b]
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Mohammed Afzal
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Joined: 17 Sep 2007
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Location: Birmingham

PostPosted: Sat May 31, 2008 10:32 pm    Post subject: Reply with quote

"orangeproblems", sounds more like you should've called yourself, "orangesolutions".
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Mohammed@priceshock.co.uk
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Mohammed Afzal
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Posts: 305
Location: Birmingham

PostPosted: Sat May 31, 2008 10:43 pm    Post subject: Reply with quote

can requests for template letters, please contain froum usernames, and a brief account of your progress to date.

Many Thanks

Regards
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Mohammed@priceshock.co.uk
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mark
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Posts: 181

PostPosted: Mon Jun 02, 2008 1:02 pm    Post subject: Vodafone Retention deals Reply with quote

any one in the process of canceling their vodafone contract? I am being offered some really poor retention deals even though ok I was on £5 a month deal for 7 months of my 12 month contract however my monthly soend averages out over £20.00 a month for year of the contract I guess vodafone do not appreciate their customers.
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mark
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PostPosted: Mon Jun 02, 2008 6:34 pm    Post subject: RE: bradley Mills Reply with quote

Hi,

Would like to introduce you to our new moderator who will be replace MOE1 his name is bradley mills and he is simply a moderator and will not post much. his alisas is batman
Kind Regards


Mark
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GusHussain11
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Joined: 14 Sep 2007
Posts: 162
Location: Gus@bethere.co.uk

PostPosted: Mon Jun 02, 2008 8:07 pm    Post subject: Reply with quote

Peace and Welcome Bradley Mills

Thank you for your contribution.
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Peaceful Regards
Gus
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batman
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Joined: 27 May 2008
Posts: 1

PostPosted: Mon Jun 02, 2008 9:02 pm    Post subject: Reply with quote

Hello guys,

Just wanted to help out mark out a bit by doing some moderation hope wish you guys all the sucess in tour cases against cisas

Regards


B Mills
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aza
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Joined: 13 Sep 2007
Posts: 160

PostPosted: Tue Jun 03, 2008 8:46 am    Post subject: Reply with quote

Hi Mark, Gus and Mohammed,

Hope you all are fine and well.


Mark it has been a long while since we have spoken, therefore if you still have my contact number or email address then feel free to give me a call to catch up.

I also wanted to ask the question, if you have received a deadlock refference also known as CISAS ref number, is there a timescale or deadline in which you can put your case forward to the adjudicator?


ALso all of you guys out there that are being harrassed by the Moorcroft, be firm direct and confident with them and they will get off your back, i have not heard from them for over 4 months,

regards

Aza
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mark
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PostPosted: Tue Jun 03, 2008 5:01 pm    Post subject: Reply with quote

Hi AZA,

I have your vodafone number I will try to call you around 8 oclock today if this is ok or you can contact myself on 07768 13 66 88

Regards


Mark
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mark
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PostPosted: Fri Jun 06, 2008 10:21 pm    Post subject: Reply with quote

I have uploaded a new cisas finding please see the following link and well done to pink and curly for winning the case.

www.priceshock.co.uk/cisas

Regards


Mark
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mark
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PostPosted: Mon Jun 09, 2008 12:08 pm    Post subject: Rebranding Reply with quote

Hi,

Over the next few weeks we will be updating the website and are looking to improve things for our users if you have any comments or suggestions please email or call or text us the details are below.

Regards


Mark

The Price Shock Team

077 68 13 66 88
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