Contract Cancellation due to changed T&C

bleary

Hi there,

If a mobile network has agreed to cancel an airtime contract within the minimum term as they have changed the t&c, not notified us and therefore broken the contract, where do we stand with the handset we bought at time of sale?

The network have agreed that they are in the wrong and they have broken the agreement and agreed to cancel without penalty as long as we return the handset.

My question is, because we bought the handset at the time of taking out the contract, do we have to return it to allow them to cancel the agreement which they have broken? Now we dit not pay the full cost of the handset when taking the contract out but we did pay an amount of money and as far as I am aware the handset becomes yours at point of sale?

The terms and conditons confirm this I believe:

2.4 The Equipment that we deliver to you or which is collected by you, becomes your responsibility once it is collected or received by you at which time ownership will pass to you,
subject to paragraph 2.5.

2.5 If you bought your Equipment or SIM Card directly from us and it is defective, not in accordance with any description given to you by us, not reasonably fit for purpose or it develops a fault you will be able to return it for repair and, if appropriate, replacement or refund. Please contact Customer Services for details. You should call us as soon as possible if any of the circumstances above apply to you to ensure that you are able to exercise any rights you have. Alternatively, if you experience any difficulties with your Equipment within your warranty period, you can contact the manufacturer for replacement or repair under the manufacturer's warranty service detailed in the User Guide(s). This does not affect your

statutory rights.

I would appreciate if anyone could shed any light on this please, as it's all rather confusing.

The only thing in the t&c I can find which states you must return the handset is if you change your mind within 14 days.

Many thanks.

nickmack

bleary wrote: »

The network have agreed that they are in the wrong and they have broken the agreement and agreed to cancel without penalty as long as we return the handset.

You shouldn't need to send the handset back, it's not part of the contract. I would remind them of their term 2.4 that ownership of the device has already passed to you and they have no claim to it.

bleary

nickmack wrote: »

You shouldn't need to send the handset back, it's not part of the contract. I would remind them of their term 2.4 that ownership of the device has already passed to you and they have no claim to it.

That's what I thought and as far as I can see in the t&c's there is nothing to state it must be returned and, as you say term 2.4 seems to be the deal clincher here.

I have replied back to their communication to see what their view is, but basically stated the above.

Thanks for your reply.