Am I binded into an UNSIGNED contract?

thousanddollar

HELP!!

When my last Orange (Phones 4 U) 18 month contract ran out AUG 09, I had a break for a month to decide if I wanted the contract again -I did so I went into Phones 4 U and asked for exactly the same contract as my last one.

When I phoned up Aug 10 to see if I can upgrade, they said no because my contract was 24 month!!!

I have never had a 24 month, and I specifically said I want 18 month! I phoned Phones 4 U, as the contract is through them - they said because I had signed the contract with the small print and the contract details, I couldnt get out of it.

When they told me which document to look at - I realised I hadn't signed it!!!

The guy on the phone said theirs was signed, so my contract must be signed as mine is the original!

Basically I asked him straight, if mine is the original and isn't signed yet yours is, what does this mean - and he said "the saleman must have forged it."

I actually like my contract, but DON't want to be in it for another 18 months, and can't stand phones 4 U customer service.

Can I get out of it?

Thank you

Exhortation

I doubt you can get out of the contract. By using the phone you are deemed to have accepted the terms and conditions.

nickmack

thousanddollar wrote: »

Basically I asked him straight, if mine is the original and isn't signed yet yours is, what does this mean - and he said "the saleman must have forged it."

There seem to be two issues here. Firstly, you have been using the service for 12 months already, so it's likely you will have deemed to have accepted the terms. What does the contract (unsigned or otherwise) actually say the minimum term is? 18 or 24 months?

If your signature was forged, this is fraudulent and criminal proceedings could be taken against the salesperson and the company. This may not release you from your contract for the reason above, but it may help ensure this doesn't happen going forward.

thousanddollar

I will have to check, i'm pretty sure it says 24 month though. Because I felt so idiotic that I missed it!

They would have definately forged it, when I think back - I didn't sign any of the documents. Not intensionally, they just didn't ask me. I didn't think about it because I actually wanted the contract.

Is it better for me to go into the shop and ask to view the paperwork and compare it against mine.

thanks

robbies_gal

ask to look at the signature on their copy

if its not yours go to to the poilce and report them for fraud-they shouldnt be allowed to get away with that

finlay666

Phones 4u usually let you take a 24 month contract and will buy out the last 6 months if you take a new contract with them

Exhortation

AS nickmack has pointed out there are two issues here. By making use of the service the OP has accepted the terms of the contract. This is regardless of whether the signature on the contract is forged or not. There isn't even any evidence of a forged signature, it may well be that the salesperson has simply given the OP the wrong copy of the contract. I would also suggest that the two matters would be covered by different aspects of the law. Any question of forgery would be a criminal matter but whether the contract is enforceable or not (due to the OP having used the service) would be a civil matter.

As an aside, the whole matter is confused by the fact the OP is talking about upgrading an 18 month contract after just 12 months (not likely to happen) but then says that he/she has 18 months left on the contract when it has already run for 12 months (which would make it a 30 month contract and, as far as I'm aware, such things don't exist).

4810510

This is an interesting question, I would suggest that as you have not signed the contract then you cannot be bound by the term of it as you say that you never verbally agreed to a 24 month contract but did agree to an 18 month contract. I'm not sure that they will keep the paperwork in the store but I would ask for a copy of the signed agreement.

If it is the case that they have signed your name on their copy of the contract then I think you will find that they will allow you to upgrade rather than face court action. Any problems then I would contact Trading Standards or if they have the paperwork in the store then a Saturday afternoon visit with a few loud 'I can't believe you forged my signature' remarks should bring them round - afterall they can hardly phone the police to get you removed from the store!

gjchester

Verbal contracts are legally as strong as a written one.

Proving what was said one way or another is another matter entirely...