Mobile Contract Verbally Binding?

yusuo

I made another post as I believe I'm being messed around by Vodafone and lack of signal in my area (therefore them not providing the service I'm contracted to) after doing a little research I've found out that the contract I have may be unenforceable.

I've been with them for just under a year and this wasn't a problem previously as I spend the majority of my time outside the house, but after being made redundant a few months back I've spent more time at home. They provided me with a signal box but that didn't fix anything and I'm still in a position where if I'm inside my property I cannot get any signal. The contract I took out was done over the phone verbally, I was informed of the price and length of the contract but was never directed to the terms and conditions or even told that I would be liable for lack of service, just the price and length that is all.

I do have a few questions relating to this matter and I hope someone could help me with this.

The only things were agreed upon were the length and price of the contract. The fact that coverage wasn't agreed upon would I be liable for lack of service?

If I decided to contest this, how would I go about doing it, I could do the whole court route, but I've been made redundant and can't afford court costs. How would I go about contesting it legally on benefits?

Can I refuse payment until this problem has been resolved (I would stop using the contract while this is happening)?

Without sounding calice or immoral how can I get out of this seeing as only the price and term were agreed upon? I dont want to continue paying £36 a month for something I can't use my house, which is where I spend 80%-90% of my time.

Any advice greatly appreciated

neilmcl

OP, it's entirely your responsibilty to do the research and check whether you're going to get a good mobile signal or not at home before signing up to a contract. You have only yourself to blame.

mynameistallulah

Having used the phone for so long you have accepted the terms of the contract by conduct. Did you check coverage on their website before taking out the contract?

yusuo

So am I legally binded to them, it was only when I raised this issue with Vodafone yesterday that I was made aware the T+C's were available to me online first time i've been aware of them at all. I know its naive and yes in hind sight i should of done some research but its never been an issue until now as they say ignorance is bliss

wealdroam

OP, you have told us that you were happy with the service provided by Vodaphone until you became redundant.

So do you now think that as you are spending 80 - 90% out of range of a good signal, this is somehow Vodaphone's fault?

Perhaps the best way to resolve your problem is to change your situation to how it was before.

That may sound harsh, but Vodaphone have not made the changes, you have.

yusuo

Still an avoidance of the question at hand, am I legally bound to the t+c's although I was never made aware I was until yesterday

Ive never been happy with the signal at my house thats why i requested a signal box, it was never an issue though as I spent alot of time at work.

The fact that I got made redundant and now spend a large amount of time at home is irrelevant and I don't feel I need to be apologetic for my current situation. If I could do something about it I would, it isnt a life choice

bris

Yes you are legally bound by a phone contract.

mynameistallulah

yusuo wrote: »

Still an avoidance of the question at hand, am I legally bound to the t+c's although I was never made aware I was until yesterday

I answered this is my first post - you accepted the terms and conditions by conduct i.e. by using the phone.

arcon5

yusuo wrote: »

So am I legally binded to them, it was only when I raised this issue with Vodafone yesterday that I was made aware the T+C's were available to me online first time i've been aware of them at all. I know its naive and yes in hind sight i should of done some research but its never been an issue until now as they say ignorance is bliss

I don't see how you could even think for a second there is a possibility you was not party to a contract having used their service for nearly 9 months!

yusuo

mynameistallulah wrote: »

I answered this is my first post - you accepted the terms and conditions by conduct i.e. by using the phone.

Another thing I just found, because the contract is deemed under law as part of the consumer credit act, I would of been required to agree to the contract in writing which i've never done

Here's a quote from the GOV website

All mobile phone contracts are subject to the Consumer Credit Act

and heres another

There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified.

The fact that this has never been agreed upon should mean something in its self

mynameistallulah

yusuo wrote: »

Another thing I just found, because the contract is deemed under law as part of the consumer credit act, I would of been required to agree to the contract in writing which i've never done

Here's a quote from the GOV website


and heres another



The fact that this has never been agreed upon should mean something in its self

You would have received some paperwork with the phone, that was the "in writing" stuff. You do not have to sign anything for it to be binding, as said repeatedly you have done that through conduct.