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what are my mum's rights to cancel a mobile phone contract

Hello everyone,

I would like to check my mum's rights before I contact the mobile phone company so I'm hoping someone may be able to give some advice please?

Mum has a pay-as-you-go top up card for her mobile phone - it's fine for her - she'll top-up as and when she needs to. She has poor eyesight so the sim card is in a very basic phone with large digits and display that is easy for her to use. She bought the phone herself.

The mobile company phoned her and did the usual, "we see you are a valid customer... we would like to inform you of new deals etc."

They offered her 5000 texts; 900 minutes for £20 / month on direct debit. That is all the information my mum can relate to me. She doesn't know if it's a sim deal only or if it includes a phone; she doesn't know if the contract has a minimum length or what, if any, penalties there are for cancelling.

She has tried to call them since to cancel as she has changed her mind but is having difficulty navigating the menu options to get to the right department and has been cut off twice.

The mobile phone company phoned her on Thursday 24th May, less than a week ago.


My questions are:
  • Does my mum have the right to cancel the contract, without penalty, and if so under what regulations;
  • can I insist that we receive written confirmation of the cancellation;
  • If she doesn't have that right what can I do, as I feel that a contract has been made without my mum understanding the consequences of the contract;
  • If my mum gives permission for me to talk to the company initially when I make the call, can I then speak on her behalf and make any cancellations?
Thank you in advance for any advice.
Kind regards
Newlife
New Mortgage: September '10 - £71,400
3yr goal: September '13: £61,400 (ACHIEVED)
Goal for June '15: £42,900
Goal for June '16: £38,500
Goal for June '17: £34,700
Goal for June '18: £31,300
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Comments

  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    which network/company?
  • newlife01
    newlife01 Posts: 20 Forumite
    edited 27 May 2012 at 3:44PM
    Hi,

    It is T-mobile.
    New Mortgage: September '10 - £71,400
    3yr goal: September '13: £61,400 (ACHIEVED)
    Goal for June '15: £42,900
    Goal for June '16: £38,500
    Goal for June '17: £34,700
    Goal for June '18: £31,300
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Bear in mind it may not be T-Mo who called her, but one of those dodgier contract/slamming companies where they will have told her what a wonderful customer she is before asking her what network she uses...
  • Wonderful100
    Wonderful100 Posts: 67 Forumite
    I had the same problem trying to actually speak to anyone through the options on the phone is nigh on impossible. I would suggest that you call into a T mobile store for advice.

    Good luck
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Sounds like a sim only deal. As far as I know they switch the account over their end and any PAYG credit is applied to the account. They are usually on a 30 day rolling contract, worth checking though as you should be able to give 30days notice.

    Why has she changed her mind ?
  • newlife01
    newlife01 Posts: 20 Forumite
    Thank you everyone for your replies,

    I'll attempt to call them tomorrow and get it sorted out for her as the directgov website (thank you tescobabe) said that contracts can usually be cancelled within 7 working days.

    She changed her mind because she doesn't really know what she's signed up for and hadn't enquired to change - it was in response to a call from the company and the change was made during the phone conversation.

    The mobile is generally used for occasional texts and 'emergencies' as she has a landline. £10 / 2-3 months is sufficient for her. To go to a £20 / month package doesn't make financial sense - she'll be paying for texts / minutes that she'd never use.

    I'll post to let you know how I got on.

    Newlife
    New Mortgage: September '10 - £71,400
    3yr goal: September '13: £61,400 (ACHIEVED)
    Goal for June '15: £42,900
    Goal for June '16: £38,500
    Goal for June '17: £34,700
    Goal for June '18: £31,300
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Did your mother give her bank details to the caller?
    "You were only supposed to blow the bl**dy doors off!!"
  • pmduk
    pmduk Posts: 10,711 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    T-Mobile did the same to a friend in-store, but readily cancelled when we went in the next day,
  • newlife01
    newlife01 Posts: 20 Forumite
    Hello All,

    I've contacted the company and cancelled without any apparent problems.

    Thanks for your replies
    Newlife
    New Mortgage: September '10 - £71,400
    3yr goal: September '13: £61,400 (ACHIEVED)
    Goal for June '15: £42,900
    Goal for June '16: £38,500
    Goal for June '17: £34,700
    Goal for June '18: £31,300
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