Need help - T-Mobile (or any) contract mobile ownership query - who owns?

the_beast

I am trying to cancel my T-Mobile contract over their recent price changes (08xx numbers going up). I call a lot of these numbers, and so the cost to me would be high.

First a (little) background - don't get bored (skip to the end if you find yourself falling asleep), my question is simple (I hope!).

Basically, T-Mobile's line is that their Terms and Conditions do not allow such changes, but as I signed up on a dealer's website I was never given their Terms, but instead an old version that did not contain their little get-out clause. After much to-ing and fro-ing, they have now said I can cancel if I return my phone and SIM card. I think this is unfair, as I believe I own the phone. In addition, by returning my SIM card and not allowing me to transfer my number from T-Mobile I am being penalised - my Terms and Conditions state that in the case of changes to charges I can cancel without penalty. I therefore believe I should be allowed to cancel my agreement, keep my phone and transfer my number. I could be expected to return the SIM however, as T-Mobile own it, although to avoid penalty they should pay postage.

Anyway, my question is - who owns my phone? I believe that I own it, and I pay monthly for my line rental. Is this the case, and if so, can anybody provide a decent source for the information that I can quote in my reply?

Thanks,

hotkee

My understanding has always been the Sim card and phone are owned by the operator for the duration of any contract.

If you intend to break that contract by asking for cancellation - then return the phone as you are not out of contract and they own both items.

mrochester

hotkee wrote: »

My understanding has always been the Sim card and phone are owned by the operator for the duration of any contract.

If you intend to break that contract by asking for cancellation - then return the phone as you are not out of contract and they own both items.

That's not right. The phone belongs to you as soon as you get it. The only part of the deal you're liable for is paying the monthly line rental and charges, and even then you are entitled to stop paying this if the network increase costs to your detriment.

sporedude

Well if your on the old T+C's then you wont be able to use the "Get out" clause, The phone belongs to you and the SIM is owned by the network, Tough luck eh?

smcaul

T-Mobiles line on the changes are that they are covered in their T&C's and that as a customer you have no right to terminate early.

I took them to the small claims court over this last month, they failed to defend it or admit it, so I got judgement by default and they have since paid up the cheque, there is another thread running on this and I believe that a couple of others are also going down the small claims route.

As I said on that thread, the cynic in me thinks that they will neither admit or defend the action that way no precedent is set, and the numbers of people willing to take them to court will be small in reality.

the_beast

sporedude wrote: »

Well if your on the old T+C's then you wont be able to use the "Get out" clause, The phone belongs to you and the SIM is owned by the network, Tough luck eh?

The 'get out' clause is in the NEW T&Cs, I am on the old ones. So it does apply to me - I know I am entitled to terminate my contract. I am just being sent round in circles by their customer services. I was hoping for some court case or other quotable text that shows I own my phone and they have no right to ask for it back.

Thanks for everyone's input so far.

sporedude

If your on the old T+C's, How does it apply to you if its included in the new T+C's?

the_beast

Because the new terms and conditions give T-Mobile a get out clause that allows them to change call charges for calls not included in your package without giving the customer a right to terminate the contract as a result.

This clause does not apply to me, so I am allowed to terminate based upon the clause that allows termination in response to a change in charges that is materially detrimental to myself.

I could just do with a decent source to prove to their customer services (who have admitted I can cancel) that I don't need to return my phone.