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misrepresentation

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I signed up for a contract with phone4u I got an iphone for £35 a month with 900 free mins , free sms and 500meg internet.

I have been monitoring my usage through my account manager @ my02 and I have only made a phone call for 29p

so my bill should have been £35.90p but I login to internet banking and I see o2 have taken £45 out of my bank.

Iv double checked my bill for this month "First month iv had it". I feel that phones4u or o2 have misrepresented.

Is there anything I can do about this?

only problem is iv voided the warrant of the iphone by jailbreaking it
:A
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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well, it you signed the contract you have to have a copy of it. What does the copy say?
    If you don't have a copy, go to the shop and ask for it to see what you have signed for actually.
  • Generally the first month of any phone contract is prorated useage for the first month. E.g if you got your contract middle of august you MAY be charged for 6 weeks useage being that youve had half a months useage. I suspect thats what it is, so no misrepresntation.
  • Humphrey10
    Humphrey10 Posts: 1,859 Forumite
    kentguy07 wrote: »
    only problem is iv voided the warrant of the iphone by jailbreaking it
    You can just restore it to factory settings to unjailbreak it if you ever have to return it.

    I seem to remember reading new articles saying that 'no jailbreaking' was an unfair term of the warranty, as it is legal and does not damage the iDevice, but I can't remember the exact details. It might have just been saying Apple aren't allowed to brick iDevices that are jailbroken though. But don't take this as gospel, I have no links to the articles.
  • keith1950
    keith1950 Posts: 2,597 Forumite
    1,000 Posts Combo Breaker
    edited 5 September 2011 at 5:46AM
    Hi,there is no misrepresentation , it depends where in the billing cycle you bought the phone.

    There is always an additional part months payment on the first payment only unless you actually receive it on the billing date.

    Remember you are paying the line rental in advance so the extra days before the first billing date will be added to the first bill.

    It's normal and is a one off.

    Another case of someone not reading or trying to understand the terms and conditions.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    keith1950 wrote: »
    ...Another case of someone not reading or trying to understand the terms and conditions.
    Really? If you are so good at this, could you tell us where the T&C say this, please?

    Click here to view full terms & conditions (PDF)
  • Lynsey
    Lynsey Posts: 9,486 Forumite
    I've been Money Tipped!
    I fully agree with keith1950, all down to the 1st bill and the billing cycle with O2.

    Your first bill covers charges from the date you joined O2, plus one month's tariff charges in advance. So your tariff charge may be a little higher than the monthly charge for that tariff. From your second bill onwards, the tariff will revert to the standard one month charge and this section will no longer appear in your bill.
    Your last bill will need to be adjusted if you end on the exact end date of your contract for example - you will require a slight refund (if you don't go over your allowance).
    Your 2nd bill should revert back to normal.

    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)
  • I called phones4u They confirmed that my bills is £42 a month when I signed up online it said £37 they said that since its been 7 days that they wont do anything about it and I am stuck on a higher tarrif.

    So I canceled the standing order ,going to get a new card issued so they cant charge my bank card and I am not going to entertain the contract.

    I could understand if it was a billing contract cycle but they confirmed that it was not that.

    I do not know where I stand. I do know how I stand.
    :A
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    kentguy07 wrote: »
    I called phones4u They confirmed that my bills is £42 a month when I signed up online it said £37 they said that since its been 7 days that they wont do anything about it and I am stuck on a higher tarrif.

    So I canceled the standing order ,going to get a new card issued so they cant charge my bank card and I am not going to entertain the contract.

    I could understand if it was a billing contract cycle but they confirmed that it was not that.

    I do not know where I stand. I do know how I stand.

    Worst thing you could have done. Please read other threads.

    If you cancel your payments without sorting things out, your credit record will be trashed, so your ability to borrow money, get a mortgage, get another credit card etc will be affected for years to come.

    You must reinstate the payments then take whatever action you need to get the right deal you signed for. Don't forget that your payments are to the network who are likely to be your friends on this matter. Your beef is with P4U.

    Have you got any proof whatsoever that the deal was for £37? If not, then that is a big mistake. Is the offer still on - then print it.

    Also watch out for 2 other DD's that may have been set up for insurance and Technical support. Some resellers give you that free for 1 month but if you don't cancel, they take 6 months' payments in one hit. You need to cancel these.

    Also get on to the network and see if you can enlist their help, as well as telling them where they can now get the DD from if you have cancelled the original a/c.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 September 2011 at 11:32AM
    kentguy07 wrote: »
    ...I do not know where I stand. I do know how I stand.
    And you do know that your credit history will be trashed, but you don't care about it. Neither you do about the debt collectors knocking on your door.
    Very soon you will not be able to get even a sim-only mobile contract, let alone any other credit. This doesn't matter because you don't need any contracts and any credit.

    BTW, a DD is linked to a current account, not to a card. There is no point in getting a new card with the same account.
  • gas4you
    gas4you Posts: 2,602 Forumite
    How do you think Cauldwell made his millions?
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