Terms and conditions for taking out a new contract

dsavvy83

Where do I stand legally when I upgrade a mobile phone contract but not made aware or sent any terms and conditions for me to agree to?

am i allowed to cancel the contract for instance (I'm not going to because i got a freaking awesome deal, got them to refund the price increase with some extra credit :j .)


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Scenario

"
You take out or renew contract over the phone, They don't supply you terms and conditions.

Couple of months down the line you are not happy with something can they charge you cancellation fee? because they never made you aware of the fees, because you did not receive terms and conditions...
"

Where does the onus lie? on you as the consumer or the mobile network operator?

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macman

On you, unless the contract was actually mis-sold, which is a different matter, which you would have to prove.
After 2 months you would be deemed to have accepted the T&C's by using the service, so not a leg to stand on.
The 'contract' can be verbal, online, etc-it does not require pieces of paper or a signature. A verbal contract has exactly the same validity as a written one.

dsavvy83

ah well, because the customer service team didn't even know.. (Indian call centre) so i managed to get them to refund me the price increase for the whole year and give me £10 credit next month, i just kept arguing with them.

But that is good to know, who would have thought fixed price was not actually fixed priced!!!

diamonds

Any change of terms even when upgrading must be sent to you or notified to you on the call or the previous terms apply...the law does not see telepathy as a solid ground for knowing something you should have been made aware of, infact it can be miselling under consumer laws or come under the Unfair Contract Terms Act 1977 or BOTH !

macman

dsavvy83 wrote: »

ah well, because the customer service team didn't even know.. (Indian call centre) so i managed to get them to refund me the price increase for the whole year and give me £10 credit next month, i just kept arguing with them.

But that is good to know, who would have thought fixed price was not actually fixed priced!!!

Where in the contract does it say 'fixed price'? No mobile contracts are fixed price, they can increase the price at any time, as Horange customers recently found out.

dsavvy83

That's is true no fixed price actually written anywhere! But I think they are a bit cheeky for putting up prices for loyal customers been with them for years

grumbler

Even more cheeky is to put up prices for the new customers that just joined Orange a few months ago with a long-term contract ahead.

mobilejunkie

Taking out any so-called upgrade or any other mobile deal over the phone is extremely dangerous. If you can't get it in writing, don't do it - many have found the "awesome" isn't what they were promised and struggle to prove otherwise.

macman

dsavvy83 wrote: »

That's is true no fixed price actually written anywhere! But I think they are a bit cheeky for putting up prices for loyal customers been with them for years

But 'loyal customers' are exactly those least likely to leave, so they always get the worst deals.

dsavvy83

ok thanks for the advice,