[Neil]

It's Orange UK.

[Edit]-Send this letter to them (thanks to Mr Angry for this )

Dear Sirs,

I am writing to you to voice my immense displeasure regarding the news that you are now proposing to start charging for itemised billing.

This is a service that was free when I entered into my contract with Orange, & one that I expect to remain free.

Having quickly studied the Orange Terms and Conditions, I would like to comment as
follows:

15 CHANGES TO YOUR CONTRACT

15.1 (part thereof). ... We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your Service Plan. We acknowledge that if we do increase the Charges, withdraw Orange Additional Services or introduce new mandatory Charges - or if your contractual rights are affected to your detriment - you may terminate your Contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).

This clearly gives me the option to cancel as my contract stipulated or included "free itemised billing" and this formed a core element of my decision to subscribe to Orange.

I therefore consider Orange to be in breach of your obligations under the contract, and I ask how you would propose to remedy this (I would suggest that a continuance of my terms and agreed service levels "as was" would be considered a satisfactory remedy to me)

I would also like to draw your attention to the following from your Terms and Conditions:

19.1 changes to your Contract
Subject to Condition 15, your Contract may be varied or amended only by the express mutual agreement of both parties. A party seeking to rely on such variation or amendment must produce evidence of the other party's agreement to it.

I can confirm that I do not accept the contractual legality of your proposed change and that your implementation of any such change will be deemed a breach of your existing contract with me. If I refuse, to give my express mutual agreement to a new term you cannot start charging you for a service you undertook to provide as free under the terms of your original contract.

Whilst I am aware I am now able to cancel my contract and take my business elsewhere without any penalty being imposed on me if you will not honour your original contract I would consider this to be constitute an unfair term under the Unfair Terms in Consumer Credit Agreements.

Ultimately if Orange are not prepared to acknowledge the legitimacy of my contract your obligations and undertakings there under, and the only option you are prepared to afford me is a cancellation then this is quite obviously an unfair term.

By way of an aside I would like to point out, that Orange are obliged by law to provide me with any such information under the DPA. This will cost a maximum of £10.00 (a considerable saving of £8.00 on your proposed charge for 12 months).

I could therefore, place Orange on notice that rather than pay then for a service which they offered , and you subscribed to, on the basis that it was free, I will make a formal request under the DPA at the end of 12 months and I will cite the appropriate exemption clauses i.e.

Part IV Exemptions

35. - (1) Personal data are exempt from the non-disclosure provisions where the
disclosure is required by or under any enactment, by any rule of law or by the order of a
court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is
necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including
prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,

Also, in the event of an overcharge being identified in the data Orange provide me with I will reserve my right to seek legal advice with regards to recompense.

As you are aware, Orange cannot refuse to supply me with the data once I cite this exemption, and I will seek legal advice in the event of the aforementioned.

If sufficient numbers of people exercised their rights in this regard then I don't think it would be too long before Orange realised that the overhead costs of having to establish and staff a Department solely to deal with customers exercising their legal right to information held on them (along with the added risk factor of fines in the event of their non-compliance within 40 days per request) far outweighs any potential profit you might hope to garner from trying to redraft, to their fiscal advantage, the contracts of existing customers who signed up (in part or in whole) to the lure / promise of free
itemised billing.

Thank you for taking the time to read this.

Good luck.