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Do i own the phone?

Options
Have had amny many problems with o2 and have asked to get my line stopped with no termunation fee.

they have agreed but as long as i return the handset. I'm 7 months in on a 24 month deal

When i took out the contract i had to pay £96 i assume for the phone .

Is it not the case that i own the phone?
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Comments

  • iwanttosave_2
    iwanttosave_2 Posts: 34,292 Forumite
    10,000 Posts Combo Breaker
    Why are they willing to do such a thing anyway? Unless they're authorising an out of 14 day cease of contract (in which you do have to give the phone back) then you will get termination fee's.
    Work like you don't need money,
    Love like you've never been hurt,
    And dance like no one's watching
    Save the cheerleader, save the world!
  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    in my opinion, No, the phone is yours once you finish paying what you signed to commit to. but, anyway lets work this out... £96 for a phone on a 2 year deal, probably paying around £45 a month (i'm guessing these figures, but an educated guess)

    without knowing, I'm assuming it is a high value phone, like a 32gb iPhone 3gs, so, that phone is "worth" £540 on a payg with the same network, but probably about £700 as a totally unsubsidised phone

    you've paid £45, which you could assume half is for the phone, half is for the minutes... again, an assumption, so you've paid £157 plus the £96, for a phone that is worth £700 (even that cost could be subsidised, as these phones on play.com are even more!)

    So no, getting out of a 2 year contract, 17 months early does not entitle you to keep the phone.

    your other option if you want to keep the phone is to pay the rest of your contract off, which i would work out to be £45 x 2, then as you'd be 9 months in your contract you could lower your tariff down to £30, so you'd have £30 x 15, which is £540.. (weird how that works out!)


    M
  • nsabournemouth
    nsabournemouth Posts: 2,042 Forumite
    edited 28 October 2009 at 11:30PM
    Why are they willing to do such a thing anyway? Unless they're authorising an out of 14 day cease of contract (in which you do have to give the phone back) then you will get termination fee's.

    A long story.

    I assumed the handset is my property?
  • markymoo wrote: »
    in my opinion, No, the phone is yours once you finish paying what you signed to commit to. but, anyway lets work this out... £96 for a phone on a 2 year deal, probably paying around £45 a month (i'm guessing these figures, but an educated guess)

    without knowing, I'm assuming it is a high value phone, like a 32gb iPhone 3gs, so, that phone is "worth" £540 on a payg with the same network, but probably about £700 as a totally unsubsidised phone

    you've paid £45, which you could assume half is for the phone, half is for the minutes... again, an assumption, so you've paid £157 plus the £96, for a phone that is worth £700 (even that cost could be subsidised, as these phones on play.com are even more!)

    So no, getting out of a 2 year contract, 17 months early does not entitle you to keep the phone.

    your other option if you want to keep the phone is to pay the rest of your contract off, which i would work out to be £45 x 2, then as you'd be 9 months in your contract you could lower your tariff down to £30, so you'd have £30 x 15, which is £540.. (weird how that works out!)


    M


    Sony Ericsson x1. Paying £29 per month.
  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    A long stiry.

    I assumed the handset is my property?

    as i've said.. why? you signed to have a phone contract to last 24 months. You are cancelling after 7 and getting out of an agreement, without paying anything. That phone cost o2 a lot, hence you being in a contract for a length of time. If you had finished your contract, or were paying a penalty then yes, you would get to keep the phone, but in this case, and without any detail that you're giving, i'm sticking with NO, give the phone back.
  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    Sony Ericsson x1. Paying £29 per month.

    ok.. let me repeat what i said with my maths on the phone it is

    --

    n my opinion, No, the phone is yours once you finish paying what you signed to commit to. but, anyway lets work this out... £96 for a phone on a 2 year deal, paying around £29 a month

    that phone is worth around £400.

    you've paid £29, which you could assume half is for the phone, half is for the minutes... again, an assumption, so you've paid £105 plus the £96, for a phone that is worth £400.

    So no, getting out of a 2 year contract, 17 months early does not entitle you to keep the phone.

    your other option if you want to keep the phone is to pay the rest of your contract off, which i would work out to be £29 x 17 = £493


    o2 have made no profit at all from you at this point, and if they were to let you keep the phone they would make a loss
  • M4RKM
    M4RKM Posts: 5,132 Forumite
    1,000 Posts Combo Breaker
    a man of many words on this post eh?

    as I see it o2 have let you out of a legally binding contract, because they cannot fix a network problem. This is good, at least you haven't had to put up with it for the next 19 months..

    But whether it is a network issue, or anything hasn't anything to do with the handset IMO, and the phone is still the property of o2 until the contract is paid in full.

    They're saving you £493 by letting you stop your contract early, maybe you should have the cheek to ask for the £90 odd back that you paid for the phone.

    M
  • I got out of a 3 contract after 4 months last year, and got to keep the phone.
  • iwanttosave_2
    iwanttosave_2 Posts: 34,292 Forumite
    10,000 Posts Combo Breaker
    Then they are authorising an out of 14 day cease, as you have said yourself on another thread on a 14 day cease you do not get to keep the phone.

    This is an issue that could be solved by them disconnecting and reconnecting it live on the network because it will force the system to reconfigure your settings and all that gump
    Work like you don't need money,
    Love like you've never been hurt,
    And dance like no one's watching
    Save the cheerleader, save the world!
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