cancelling a mobile contract

Allan87

My provider has broken their own terms and conditions and I'm going to send my 30 days notice to cancel without penalty. What is a reasonable time for them to reply? What happens if after 30 days they have not ended our agreement?

somethingcorporate

Allan87 wrote: »

My provider has broken their own terms and conditions and I'm going to send my 30 days notice to cancel without penalty. What is a reasonable time for them to reply? What happens if after 30 days they have not ended our agreement?

You should ring them.

What Terms and conditions have they breached? Just because they break one does not automatically allow you to cancel a contract.

Allan87

They are introducing a new charge, which according to section 7 of my contract below, they are allowed to do.

7. Changing charges and terms
a) We may occasionally change or introduce new charges. If we believe any change in our charges will not disadvantage you, we may include it without telling you. However, if we increase our charges, we’ll give you at least 14 days' notice.

b) We may change or withdraw services at any time and we may change or introduce new terms to this agreement at any time. If we do, we’ll give you at least 30 days’ notice of these changes. If such changes are to your significant disadvantage you may have a right to end this agreement under clause 11b and we’ll tell you if you do.

The charge they are introducing is £5 for every 500MB of data used outside my data allowance. Previous to this there was no out of bundle rates. As I only pay £25/month this would be a 20% increase in my bill as I regularly use more than my allowance, so this would allow me to cancel under 11b? (below)

11. Ending this agreement
a) Either you or us may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your mobile number and the signature or appropriate security details of the account holder. You must pay the charges during the notice period.
b) You may end this agreement by writing to us if:

we increase your charges in the UK which have the effect of increasing your total charges (based on your usage in the previous month) by more than 10% and you write to us before the increase applies

dmg24

Does your contract have a reasonable usage clause? Is this additional charge covered by that?

Allan87

dmg24 wrote: »

Does your contract have a reasonable usage clause? Is this additional charge covered by that?

It is an unlimited data plan with a Fair Usage Policy (FUP) of 500MB. However there are no references to this in the contract so any new charges they introduce for it if >10% of my last bill would break 11b?

dmg24

Which operator is it? It is difficult to advise without seeing the whole contract. I would not give your notice without being 100% sure of where you stand.

Edit: Looks like it is VF - have you had a charging text?

Allan87

dmg24 wrote: »

Which operator is it? It is difficult to advise without seeing the whole contract. I would not give your notice without being 100% sure of where you stand.

Edit: Looks like it is VF - have you had a charging text?

Yes the charges will start Oct 1st.

dmg24

OK, without seeing the contract I cannot advise on whether I believe they are in breach, but I would call them seven days after they received the letter to confirm they have processed the cancellation. However, please be careful not to stop paying your bill until you are certain the cancellation has been accepted. It is easier to claim back an overpayment, than to remedy a messed up credit record.

Allan87

dmg24 wrote: »

OK, without seeing the contract I cannot advise on whether I believe they are in breach, but I would call them seven days after they received the letter to confirm they have processed the cancellation. However, please be careful not to stop paying your bill until you are certain the cancellation has been accepted. It is easier to claim back an overpayment, than to remedy a messed up credit record.

Their pre June 2010 one is here. I took out mine in May.