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how do i get out of my mobile phone contract when emigrating
Comments
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LIE!-You can't get out of a mobile phone contract
Correct. You can *ALWAYS* get out of a contract, the question is how much of a penalty will you pay to do so.When taking out a new mobile phone deal, you have 14 days to change your mind, so if you take your new phone home and discover your signal isn't going to be sufficient, don't just tough it out - get it changed!
Nope.
Buy in store and you have no cooling off period whatsoever.
Buy online or over the phone and you get 7 days under the Distance Selling Rules by law. Some companies extend this to 14 days but 7 days is all you are legally required to have.
It's also worth noting that some companies (three especially) consider that if you turn the phone on or use the sim in another phone then the DSR rules are invalidated as you have used the item.
DSR exists to let you see something in the flesh so to speak, it's not a trial period for a service. In addition DSR applies to new contracts not existing ones. It could be seen that an upgrade is not a new contract but a continuation of the old contract, it's unclear (and will remain so until challenged in court) if a upgrade on the SAME network could be refused and the contract cancelled under the DSR as it's not a new contract at all.
Mobile contracts are complex as they have a hardware (phone) and airtime (service contract), when you get a new phone your really signing two contract not one.Take the case of Tom Prescott, who had an 18 month contract with Orange, but couldn't get a signal at his home or at his office.
Minor point but Tom Prescott did not win. Orange did not defend the case so it was decided by default and no legal precident set (precidents the wrong word as you can't set them in the small calims court, guideline would be better). If it happened more often then Mobile companies would start defending them.0 -
Correct. You can *ALWAYS* get out of a contract, the question is how much of a penalty will you pay to do so.
Nope.
Buy in store and you have no cooling off period whatsoever.
Buy online or over the phone and you get 7 days under the Distance Selling Rules by law. Some companies extend this to 14 days but 7 days is all you are legally required to have.
It's also worth noting that some companies (three especially) consider that if you turn the phone on or use the sim in another phone then the DSR rules are invalidated as you have used the item.
DSR exists to let you see something in the flesh so to speak, it's not a trial period for a service. In addition DSR applies to new contracts not existing ones. It could be seen that an upgrade is not a new contract but a continuation of the old contract, it's unclear (and will remain so until challenged in court) if a upgrade on the SAME network could be refused and the contract cancelled under the DSR as it's not a new contract at all.
Mobile contracts are complex as they have a hardware (phone) and airtime (service contract), when you get a new phone your really signing two contract not one.
Minor point but Tom Prescott did not win. Orange did not defend the case so it was decided by default and no legal precident set (precidents the wrong word as you can't set them in the small calims court, guideline would be better). If it happened more often then Mobile companies would start defending them.
It still rocks that the dude had the balls to take on Orange who bully you, like other companies, into paying for c**p service by saying if you don't pay we will wreck your credit rating. It's high time this facility was withdrawn so people aren't bullyed into paying for rubbish.
I hope Orange get a CCJ lodged with Experian for having had judgement against them. Hopefully it will wreck their credit rating. LMAO
Now I have seen this I wouldn't hesitate to do the same if Vodafone screw up. I bet they wouldn't turn up either so it would be an instant win.0 -
karatedragon wrote: »I hope Orange get a CCJ lodged with Experian for having had judgement against them. Hopefully it will wreck their credit rating. LMAO
Now I have seen this I wouldn't hesitate to do the same if Vodafone screw up. I bet they wouldn't turn up either so it would be an instant win.
CCJ - County Court Judgement
The Tom Prescott case was in the small claims court.
They don't create CCJ's and in any case Orange were not the ones in default so no judgment made against them. If they hadn't paid the compensation there may have been a case but that was never followed up.
The question is, you have already said you left Three under bad terms, and if you left Vodafone then you only have three more networks to go.
All networks have customer service issues, how long before you'll run out of networks that you can use.0 -
karatedragon wrote: »Now I have seen this I wouldn't hesitate to do the same if Vodafone screw up. I bet they wouldn't turn up either so it would be an instant win.
But Katedragon, you are talking about what you would do if vodaphone "screw up".
If the mobile company don't perform their side of the contract, then of course you are entitled to terminate.
That is entirely different to the opening poster's question, which was, basically "I took out a 2 year contract, I don't need the last 12 months of it, how can I wriggle out of my obligations?"I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say.
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CCJ - County Court Judgement
The Tom Prescott case was in the small claims court.
They don't create CCJ's and in any case Orange were not the ones in default so no judgment made against them. If they hadn't paid the compensation there may have been a case but that was never followed up.
The question is, you have already said you left Three under bad terms, and if you left Vodafone then you only have three more networks to go.
All networks have customer service issues, how long before you'll run out of networks that you can use.
Three and Customer Service do not belong in the same post. Unless by a miracle you are put through to their Scotland call centre they are powerless to accomodate you and outright rude. They are simply the worst network for customer service. What's more they lie to you about an offer you are given, send the wrong device and then lie some more.
If a network fails to do their part of the contract you have a case to leave.
The OP was saying is there a way out of his contract other than pay it all upfront less the VAT. Which is unfair but that's current terms. A fairer way would be to pay the outstanding balance of the phone subsidy plus say 1/4 of outstanding tarrif charges or one months worth, whichevers greater. There should be some compensation or the network for essentially the credit aggreement for the phone in return for you using their cellular service. Looking at it from a business POV.0 -
Three and Customer Service do not belong in the same post. Unless by a miracle you are put through to their Scotland call centre they are powerless to accomodate you and outright rude. They are simply the worst network for customer service. What's more they lie to you about an offer you are given, send the wrong device and then lie some more.
Which is exactly the same said about all the other mobile companies on this forum. All have horror stories.If a network fails to do their part of the contract you have a case to leave.
The OP was saying is there a way out of his contract other than pay it all upfront less the VAT. Which is unfair but that's current terms. A fairer way would be to pay the outstanding balance of the phone subsidy plus say 1/4 of outstanding tarrif charges or one months worth, whichevers greater. There should be some compensation or the network for essentially the credit aggreement for the phone in return for you using their cellular service. Looking at it from a business POV.
The OP wanted to get out of the contract without paying anything.
From the business point of view the mobile co gave you the phone, and will have paid someone commision to sign you up. They expect you as a customer for at least the minimum term, hence the termination fee. Why should they accpt anything less, they are effectivly giving you a £400 loan interest free for 24 months in the form of a handset. If you look a loan out and paid it back early you'd be charged, no difference here.
Most people seem to be in such a rush for the latest phone they don't consider the true cost. The phones are not truely "free" but in the cost of the contract, if you cut that short then the mobile comany does not make the profit they intended.
As has been said, if you don't agree with the terms and conditions either go PAYG, or 30 day contract or use Payphones.0 -
The OP was saying is there a way out of his contract other than pay it all upfront less the VAT. Which is unfair but that's current terms. A fairer way would be to pay the outstanding balance of the phone subsidy plus say 1/4 of outstanding tarrif charges or one months worth, whichevers greater. There should be some compensation or the network for essentially the credit aggreement for the phone in return for you using their cellular service. Looking at it from a business POV.
No your not if you want to reduce the amount of money the company makes.0 -
I have just seen an offer for a free bottle of wine at a branch of Pizza Express.
Only drawback is to get this free bottle I need to spend £20.
Can you start a campaign against them too please?
Do you want to cancel the pizza halfway through eating it, but take the wine away with you?0
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