mobile phone contract -v- credit report

savin_a_bob_or_two

From further on in the T&C:

4.4.5. If You don’t pay a bill by the date set out on it You will have
broken an important condition which is a fundamental
part of this Agreement between You and Us and this will
entitle Us to suspend Your SIM Card from the Network
and/or terminate this Agreement immediately and charge
You a Cancellation Charge except where:
4.4.5.1. You have a genuine dispute with Us; and
4.4.5.2. Before the date by which Your bill must be paid,
You have written (see point 9.6) to Us setting out
the details of Your dispute, including the amount
of Your claim against Us and the amount You
intend to withhold as disputed. If the amount You
intend to withhold is less than the total amount
You owe Us then You must pay the difference by
the date set out on the bill. If You don’t, then We
can terminate this Agreement immediately.

Again, my emphasis above. I _do_ have a genuine dispute, and I _have_ so notified them.

robt_2

You don't have a genuine dispute with the SERVICE being provided though. They are providing the SERVICE exactly as they should be - and you stopped paying.

Incidentally, did you write to them about the dispute as the contract states?

Thanks for showing what the contract says, but I feel we are just going to go around in circles.

Good luck with it - you are going to need it.

karatedragon

Why don't you ask them to change the handset to one that actually can get the 3G services as mentioned in the T&Cs

Just tell them you will leave at the end of the contract if they do not take steps to rectify the situation.

Sell the handset and use the proceeds to buy yourself out of the agreement and go elsewhere.

Which handset and network is this?

savin_a_bob_or_two

I'm sorry, really, if you think we're "going round in circles" but I think we're only now getting to the 'meat' of it. You're right, the T&C bit I included only mentioned the 'service' rather than the hardware, so that's probably not the relevant bit here. I do think you're rather easily disimssing the link between the phone and the airtime provision though - as I said, I only signed a single contract which included BOTH parts, one as a consideration of the other.

As for the suggestion of requesting a 'working' phone, oh if only! I, along with as far as I can tell around two dozen others, have _repeatedly_ asked for just that. It is the providers response to that which led me to being a tad angry - that NO alternative phone would ever be provided irrespective of how long the fault occured, and that NO discount in line rental would ever be provided irrespective of how long the fault occured, and that we as the customers would just have to continue as we were. I just don't take that well to my providers suggestion that he can walk rough-shod through his liabilities but that I have to keep to mine.

karatedragon

So who is your provider and what handset is this?

eranou

karatedragon wrote: »

So who is your provider and what handset is this?

from the sounds of it Id take a guess at it being T-Mobile and the G2 touch

karatedragon

If it's T-Mobile good luck with fighting the Phillipine "can't transfer you to anyone helpful in the UK" call centre!

If it is them my advice:

pay the cancellation fee and go elsewhere.

savin_a_bob_or_two

HTC Hero, rebranded by T-Mobile as a G2 Touch. Perhaps the G2 should have been a clue to me

karatedragon

There are settings you put in that handset to enable 3G

eranou

savin_a_bob_or_two wrote: »

HTC Hero, rebranded by T-Mobile as a G2 Touch. Perhaps the G2 should have been a clue to me

Ok what you should now be doing is contacting T-Mobile but not regular customer service as this will most likely be out of their line of authorisation.

Send and email to the directors office (specialist team for high level complaints)
CSDIR@t-mobile.co.uk

detail your issue and explain you have not been paying for the airtime service as they have failed to resolve the known issue with the handset as under the sales of goods act it is not fit for purpose and as there is currently no way to repair the issue with this particular phone you are asking for a different model of phone with similar features/capabilities.

If this is offered it will be on the condition that you pay off the outstanding debt once this is done you can then pursue the matter of the default on your credit file