Contract broken T&Cs

Discussion in 'Mobile Phones' started by allyjs, Nov 5, 2010.

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  1. Good evening,

    Took out a contract early 2009 with the company that claims the "future is bright".

    The signal I was receiving on the phone was poor, family also on "future is bright" on PAYG not contract were getting much better signal. I raised this issue by phone and they fobbed me off with story about not being able to exchange my phone due to being to far into my contract(only 3 months).

    Few weeks later the phone freezes, colouring on screen is wrong and keeps switching itself off. I decided **** this, don't bother using my phone and go back to old service provider on PAYG and stop paying contract.

    Started recently getting letters saying that I owe money for rest of contract.

    Is there anyway I can tell them to go poke it without having to pay anything?


  2. Have a look at this mobile phone forum and on his actual site. There are usually templates of letters etc. Helped me with reclaiming bank and credit card charges - well worth a look.

    Mobile Phones - Forums
  3. Unlikely.

    You were deemed to have accepted the handset after the statutory legal period if it was ordered online/distance selling methods (irrc 28 days). If you bought it in store as soon as you opened and started using it you accepted the handset. So nothing can much can be done about that.

    re the contract - you'll need to pay up as they kept their side of the deal, not their problem that you decided not to use their network after buggering up the handset, you could have got an unlocked handset and carried on using the contract SIM, your choice not to.

    With regard to the faulty handset why did you not send it back to them for repair/replacement? A 4-5 month old handset would be considered to covered by manufacturers warranty period unless the fault was something caused by you - ie dropping it in water, unusually rough handling (though the latter can't be proved the former is easy enough to diagnose with a moisture reacting sticker somewhere in all modern handsets).
  4. Always best to tell people in writing what your problems are, what you want and what your intentions are.

    1st contact: Phone signal is much poorer than PAYG on same network. Suspect phone fault. Fix it.

    2nd contact: Repaired phone no better. I want a different type of phone/I want to cancel contract because advertisement didn't indicate that phone is inferior to PAYG models. I don't care how long I've had it, this type of problem can only be assessed given sufficient time, 28 days would be unreasonably short to allow adequate assessment.

    You have to tell the retailer the problem and give them an opportunity to correct it. (My ploy at this point is to request that any guarantees run from the date of replacement rather than original issue - my acceptance of the original contract was based on the premise that I was buying an item with a reasonable life, not one that would require repair.) If you're then not satisfied, advise them that you consider them to be in breach of contract and require the contract to be terminated without penalty - but you still pay for any service used.

    Unfortunately, you seem to have breached the contract so you've lost moral right. Best thing is to talk nicely to them and ask if they'll cancel the contract as you're not using it. If that fails, contact a radio consumer programme. They won't be able to do anything other than ask nicely, but they seem to have a better record at getting goodwill cancellations.
  5. Sorry Scuba, that's not right at all. And faintly ridiculous.

    The OP went about it all wrong. Puttees procedure is the correct one.
  6. Most of this is correct, however I would say that there is a fair argument to say that you were mis-sold the product, assuming you checked that reception and coverage would be sufficient in your normal areas of operation. If you did and the salesman said 'that's fine' and you can prove that it's not, then you have reasonable room to argue that the contract was already frustrated prior to your breach (in fact it ceases to be a breach if the contract is already invalid).
  7. Really? So the OP didn't have the choice to get a different handset after the original one got knackered and keep using the contract SIM? Which would quite possibly have proved the signal issues with the handset provided originally, and getting the service they've been paying for..or rather haven't been paying for coz they didn't bother to contact the network to try and sort the issue with the damaged handset?

    What part of the OP's choice not to try his SIM in a new handset is the networks problem?

    The OP broke the T&C's not the network provider Puttee's procedure is the one they should have followed to begin with instead of just ignoring the whole thing for the best part of a year or more (took out contract in jan 09 its now nov 10).
  8. Having done a brief stint (indie contractor) in HR for a company providing BPO services to "the future's bright" people I can say that the only reason the lads/lasses at that call centre were permitted to end a contract early was upon death of the holder.

    Obviously it's not the only way it can actually happen... But it goes to show how seriously they take it.