getting out of a contract

lindyann

Hi this is quite long winded so stick with it!

I have a 19 year old son who had a contract phone with O2 which was being paid for by me. Contract still has 10 months to run. He lost phone, not insured. Instead of telling me he went into phones 4 U and got new contract with Vodafone in his name just to get new phone. He says they told him they would buy the contract but don't know how that could be as not in his name.
I spoke to O2 and they know nothing about it.

Can we get out of this new contract signed on 14th October?

Any ideas?

thanks

DrScotsman

I don't think you can get out of the contract (using a cooling off period), but IF you can, you need to act now, as any cooling off period would be no longer than 14 days. 14th + 14 days = 28th.

I don't really understand what you're saying about Phones4U buying the contract, but if they've said they'll do something and they haven't, then they have breached the verbal contract between themselves and your son, and you should be able to cancel the contract any time based on that (or at least sue for damages).

khiller1988

have you been back to the store, You may be able to explain the situation and if your lucky they may cancel it, I know some places used to do the trial period, but im not sure if this is around any more

Jon_01

Well technically, no. There's no cooling off period on anything bought in store. That only applies to stuff bought on line or over the phone.

But if they told him that they'd pay off the old contract you might have a case. But you'd need to look into that. P4U used to pay off contracts but ONLY if they had less than 3 months to run.
If you sure that he was told that you need to get on the area manager of P4U, if that gets you no where next best step would be trading standards.

david39

How old is your son?

If a minor, then the new contract is not valid.

iamana1ias

david39 wrote:

How old is your son?

If a minor, then the new contract is not valid.

Original post:

lindyann wrote: »

I have a 19 year old son who had a contract phone with O2 which was being paid for by me. Contract still has 10 months to run. He lost phone, not insured.

Can you see it now?! :rolleyes:

MORPH3US

Looks like you are stuffed OP, no cooling off period in-store.

I assume your son is over 18 as the shop should have checked if they signed him up to a contract mobile.

If thats the case then give your son a clout round the ear and then put him to work until he's paid you off... might learn not to be so naive next time.

nsabournemouth

Jon_01 wrote: »

Well technically, no. There's no cooling off period on anything bought in store. That only applies to stuff bought on line or over the phone.

But if they told him that they'd pay off the old contract you might have a case. But you'd need to look into that. P4U used to pay off contracts but ONLY if they had less than 3 months to run.
If you sure that he was told that you need to get on the area manager of P4U, if that gets you no where next best step would be trading standards.

O2 do a 14 day trial but you need to return the phone.

DarkConvict

We get lots of topics on here about lost phones, and also about young adults (18-20) taking out contracts.

No need to point out, the phone is not part of the previous contract so it will continue to run.

If you want the new contract cancelled you must act ASAP, even at 14 days it can be a push to get them to cancel, you really need to get to them fast and skip the store. The store gets paid for selling contracts, so you have to up it as above to area mangers.

However, I do feel you will have fallen into the same trap as many other parents, and now have a kid with a phone they can't afford. A majority of recommendations is to show them the cost, in your case if he has 2 x £30 pcm @ 24 months, tell me he owes £1440. Its probably to late but it will hopefully teach him a valuable less in the future. Your only real chance is to get the latest contract cancelled and buy a cheap PAYG phone.

He is over 18 so anything he signs upto he is liable, although rare it might be worth mentioning that creditors can force him bankrupt (if you owe over £750 to one person). I'm a fan of scare tactics against kids so they don't have to learn the hard way.

satan666wayne

When they buy your old contract at p4u they give you cash there and then to the value of what is owed. you need to ask your son what he has done with the cash.

DarkConvict

I heard they sent you a cheque after 28 days?