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Can i cancel my vodafone contract as i have never signed a contract

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2

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  • Presented in front of a county court judge and in the absence of an original signed agreement, you have a good chance getting out of your contract. Not all online agreements signed by a digital signature will stand up in law. Look at it this way, someone could have taken the contract out in your name and if you were not sent an agreement to sign how would you know ?

    That's why signed agreements exist, reliance upon some online digital signatures is futile in the county court.


    If you're making a serious inquiry, then ask legally trained people, not forum posters. You'll get twenty different answers to the same question and 99.9% of them will be the wrong answer.
  • Exhortation
    Exhortation Posts: 774 Forumite
    Presented in front of a county court judge and in the absence of an original signed agreement, you have a good chance getting out of your contract. Not all online agreements signed by a digital signature will stand up in law. Look at it this way, someone could have taken the contract out in your name and if you were not sent an agreement to sign how would you know ?

    That's why signed agreements exist, reliance upon some online digital signatures is futile in the county court.


    If you're making a serious inquiry, then ask legally trained people, not forum posters. You'll get twenty different answers to the same question and 99.9% of them will be the wrong answer.

    By your own statistics, then, your answer is probably wrong, too.
    If I've helped you please show your appreciation by using the "Thanks" button
    > :T
  • By your own statistics, then, your answer is probably wrong, too.

    Hence why he should ask a legally trained person.


    simples
  • drbesty
    drbesty Posts: 967 Forumite
    edited 8 July 2010 at 5:42PM
    Its in the T&Cs that by using the handset you agree to the contract, legally you wouldnt have a leg to stand on

    simples
  • drbesty wrote: »
    Its in the T&Cs that by using the handset you agree to the contract, legally you wouldnt have a leg to stand on

    simples

    I hope you're not a legal advisor :p
  • Exhortation
    Exhortation Posts: 774 Forumite
    In a situation like this a person is morally bound to have accepted the T&Cs by using the phone. The fact that a clever lawyer may be able to find a loophole within the law that allows that person to then get out of the agreement is an entirely different matter. In my opinion (and it is only an opinion), such a person would be on a par with all the MPs who claimed thousands upon thousands of pounds in expenses because "the rules allowed it".
    If I've helped you please show your appreciation by using the "Thanks" button
    > :T
  • Vomityspice
    Vomityspice Posts: 637 Forumite
    Part of the Furniture Combo Breaker
    Presented in front of a county court judge and in the absence of an original signed agreement, you have a good chance getting out of your contract. Not all online agreements signed by a digital signature will stand up in law. Look at it this way, someone could have taken the contract out in your name and if you were not sent an agreement to sign how would you know ?

    That's why signed agreements exist, reliance upon some online digital signatures is futile in the county court.


    If you're making a serious inquiry, then ask legally trained people, not forum posters. You'll get twenty different answers to the same question and 99.9% of them will be the wrong answer.

    The reply from Heres the deal is completely and utterly wrong! You have no chance of getting out of the contract because without even looking at verbal contracts, you also have a contract by conduct. i.e. They supplied a phone and network agreement, and you have used it for 6 months. Ego you have accepted the contract.

    From memory the case law is one of the railway cases about the sale of coal. I can look it up if required.
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You agree online to the contract and the order, you have 7 days to return the item, you will cancel and only be charged what time and usages that you have made.

    After 7 days you cannot cancel, except for complete loss of signal for a significantly period due to a network problem, at the home address where the contract was taken out only.

    You do not need to sign anything, you agree to it by placing the order and by always making use of the phone. If you try to get out for it, it will simply goto court and you will get a CCJ awarded against you.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • rogertyler
    rogertyler Posts: 32 Forumite
    Hmmmmm, did I sign my wedding certificate? I wonder.....
  • Lynsey
    Lynsey Posts: 9,486 Forumite
    I've been Money Tipped!
    rogertyler wrote: »
    Hmmmmm, did I sign my wedding certificate? I wonder.....

    Lol. I married online after the guy insisted he was a Tom Cruise look-a-like!!!!!!!!!!!!!!!!!!!!
    Only met him on day 8 and too late to cancel, so stuck with a horror. :mad:

    Lynsey
    **** Sealed Pot Challenge - Member #96 ****
    No. 9 target £600 - :staradmin (x21)
    No. 6 Total £740.00 - No. 7 £1000.00 - No. 8 £875.00 - No. 9 £700.00 (target met)
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