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Breaking TMobile contract early for iphone - any advice?

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alstemp
alstemp Posts: 129 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker
Hi there

Today I purchased an iphone 3GS at Carphone Warehouse in Central London. I am currently on TMobile and they went through all relevant checks to get me onto O2 etc. However although CPW told me I needed to get a PAC code from TMobile they omitted to tell me that if my contract was not due for expiry I would be subject to penalty chargs from TMobile!

In meantime, I get set up on O2 and buy the iphone etc. But when I phone TMobile to get my PAC code they tell me I am still under contract with them until January 2010 and if I end contract now I will have to pay £160 penalty to do this . . I was livid, not expecting it all. So didn't cancel my contract there and then but decided to go back to CPW for further advice.

Anyway, I go back to CPW to see same guy as I saw when I bought the iphone earlir and tell him not happy he didn't point this out etc. but he tells me there is nothing CPW can do - if I break the contract early with TMobile, I break the contract, simmple as, and if necessary have to pay fees to do it - on the basis that they're losing my monthly business.

I am currently on TMobile Flext 35 tariff - the guy at CPW did suggest I could call them back and ask them to put me on the next tariff down and then ask them to cancel my contract after I've downgraded. as the penalty may work out cheaper.

So right now I am in a dilemma - I really really want the iPhone but don't want to pay £160 to TMobile for the privilege!! I have already paid £96 for the iphone to Carphone Warehouse.

So . .

  • should I just wait for my TMobile contract to end in January and cancel my iphone and retrn everything back to Carphone and get my money back? (if I do this won't be able to reapply for an iphone for 3 mths).
  • should I ask TMobile if I can downgrade my account to next tariff down, and then call them back to get the PAC code in hope that it will be a smaller penalty?
bottom line is - does anyone know if there is a "backdoor" route around the whole TMobile contract penalty so I don't have to pay £160 . ?

I so want the iPhone but not prepared to shell out more ££ to TMobile.

Any help plesae!!!

many thanks for any help & advice with this

Comments

  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    You signed up for a contract with T-Mobile, and you're still in it.

    You have just signed up to a contract with O2/Carphone Warehouse

    You can run both contracts
    You can cancel the t-mobile and pay the penalty

    Are you sure you're allowed to return the iPhone?? I'm not sure o2 give you a grace period.

    M
  • robt_2
    robt_2 Posts: 3,401 Forumite
    Part of the Furniture Combo Breaker
    edited 11 July 2009 at 6:30PM
    My word. Do you know what a contract is? Of course you have to pay if you want to terminate it early. If you didn't, don't you think everyone would take out a contract then cancel it a month later leaving the network with a massive financial loss from the phone they have supplied you with.

    Why on earth do you think CPW are at fault for not telling you this?!

    Are you sure they will let you take the iPhone back? They have no legal obligation to take it back if bought in store.
  • Jon_01
    Jon_01 Posts: 5,918 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you bought in store there's no cooling off period, thats only online or over the phone. So unless CPW told you, you could take the iPhone back you might have a problem there?
  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    in the olden days there used to be a 14 day period, but i'm sure most networks have got rid of this.

    if you don't mind the number change, just take the t-mob phone down to the lowest possible tarrif, til january.

    M
  • alstemp
    alstemp Posts: 129 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    thanks everyone for your replies - it seems I have been woefully naive on this occasion. I have only changed networks once before - from Voda to TMobile after 8 years with Voda, about 3 years ago - and didn't realise the ramifications.

    I think I will just return the whole phone and cancel contract. The at Carphone today assured me I had 14 days to do this. but I will double check tomorrow that this is the case.

    thanks regards
  • Littlemiss27
    Littlemiss27 Posts: 237 Forumite
    Tenth Anniversary
    AFAIK Carphone Warehouse have a 14day return period for all O2 monthly connections other than upgrades.
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