contract error mistake, disabled hlp

fender62

my 18yr old son has a known mental illness, and did a very stupid thing and took out a contract mobile phone t-mobile 18 months, the phone was never turned on as i took it off him when he came home, he does not have any income as such to pay this monthly, can i get carphone warehouse to take it back and let him off if i show them a document about his mental health.

reehsetin

you have 14 days to cancel from when the contract is started youd/hed be liable to pay for the days that the contract was open for though, getting them to refund the whole thing would be pretty difficult i would imagine

fender62

they gave my son £30 what do i do just give them the 30 back and the phone
and all's forgotten i hope. my son doesnt really know what he's doing money wise, he would order a ferrari and try to pay 50 pence a year for it sadly.

reehsetin

:S i dont know about these instant cashbacks, may have tried to tie him into a no 14 day return thing
in which case i would bring up the mental illness, under contract law he (depending on the illness) may be incapable of contracting so they cant hold him to it


i would just clear a day and turn up at the store with everything he had/was given and dont leave untill they cancel

MrsMondragon

In legal terms you have to be sane for a contract to be valid. If it can be proved he wasnt of sane mind at the time the contract was entered, it is deemed to be invalid. Instead of arguing that point and you are within fourteen days of taking out the contract you can just return the phone, otherwise you can argue the second point. HTH.

fender62

update, i have since taken the phone back and contract was cancelled,

carly

I'm glad it has worked out ok for you and your son.