Contract Ended - Still 30days notice

grumbler

I have serious doubts that the small claims court will deal with unfair contract case. If so, even if such contract is really unfair (I don't think so) it's hardly makes any sense for any person without legal support to start legal actions for the sake of 1 month cost of the contract.

diamonds

And you are entiltled to your opinion Grumbler, I can assure you I have never paid past my PAC date any 30 day term cost any have ever tried to enforce on me when I have challenged networks.

One may assume as winning a small claims court case of extortion costs outside minimum completed term in Scotland well they dont want that.

Ofcom is who allow it, shambles that "regulator", regulates between the sheets...

Suzy_Babe

I have just had the same problem with O2. I signed up for a two-year contract and understood that the reference to giving a month's notice for termination related to anyone who was considering finishing their contract mid-term.

Being one of the 'older' generation, I believed that if I entered into a two-year contract, it was precisely that - a contract that lasted for (and ONLY for) two years unless - for my part - I wanted to extend it, in which case I would need to contact O2. It is forty years :eek: since I studied Law of Contract as part of a Business Studies Course (so pretty low level instruction), but I can still remember that 'silence does not constitute acceptance' (Bumper Hall Pen?), so how can my failing to contact O2 at the end of my two-year contract mean that I accept their decision to automatically extend same?

If I had the time, patience and sufficiently-active brain cells, I, too, would pursue this matter to the bitter end, but unfortunately I don't, and so will now have to stump up the additional payment.

What makes it all the more annoying is that I haven't used the 'phone since June, because I could no longer rely on O2's service and so had to take out another contract elsewhere. As I thought I was committed to pay to the end of the two years anyway (September), I didn't contact them until a couple of weeks ago, and that was purely out of courtesy to explain why I would not be renewing my contract with them ... how naive am I?! (And how misleading is the term 'two-year contract'?)

Guys_Dad

Suzy_Babe wrote: »

I have just had the same problem with O2. I signed up for a two-year contract and understood that the reference to giving a month's notice for termination related to anyone who was considering finishing their contract mid-term.

Being one of the 'older' generation, I believed that if I entered into a two-year contract, it was precisely that - a contract that lasted for (and ONLY for) two years unless - for my part - I wanted to extend it, in which case I would need to contact O2. It is forty years :eek: since I studied Law of Contract as part of a Business Studies Course (so pretty low level instruction), but I can still remember that 'silence does not constitute acceptance'

I am sure, unlike some other contributors to this thread, that you will believe that t&c are part of your contract with O2.

Your mistake is believing that you have signed or agreed a 2-year contract. You are wrong.

What you have a greed is a contract with a minimum period which, in your case, is 24 months. And at any time you wish to terminate it, you must give 30 days' notice.

I refer you to O2 t&c here

The relevant paragraph is http://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement

.

Your Minimum Period – Your Pay Monthly Mobile Agreement has a minimum contract term called a minimum period. After that minimum period, you can end the Agreement by giving us 30 days’ notice. If you want to end the Agreement during the minimum period then you will have to pay a fee of no more than your monthly charges multiplied by the number of months left in your minimum period. Details of how we calculate the fee are on our Website. Details about the minimum period are in paragraph 8 of the Agreement.

and also here

3. How long this Agreement lasts
3.1 This Agreement starts when we accept your application (the day you receive your SIM Card) or, if you don’t receive your SIM Card when you buy (for instance if you buy online), on the day your SIM Card is dispatched.

3.2 At the end of any Minimum Period this Agreement will continue until it’s ended by you or us in line with paragraph 8.2 below.
- - - - -
8.2 This Agreement can be ended by either you or by us giving at least 30 days’ Notice (in line with paragraph 19). You must pay us any outstanding Charges incurred during the Agreement.

That is all very simple and clear, is it not?

You are not the only person by a long way who thinks that you have agreed a 2-year contract that finishes after 24 months, but, to be honest, that is because you didn't read what you were agreeing to.

It is perfectly reasonable to give 30 days' notice to enable the account to be closed and, to be equally honest, to give their retentions team to offer you a better deal, if they feel inclined to.

grumbler

Suzy_Babe wrote: »

.... It is forty years :eek: since I studied Law of Contract as part of a Business Studies Course (so pretty low level instruction), but I can still remember that 'silence does not constitute acceptance' (Bumper Hall Pen?), so how can my failing to contact O2 at the end of my two-year contract mean that I accept their decision to automatically extend same?

Because the contract that you agreed to says so? And it is not unreasonable as many people don't want their mobiles cut off unexpectedly if they fail to extend the contract. Most utility contracts work this way, although there are contracts working like you say, e.g. most insurances.

Guys_Dad

grumbler wrote: »

Because the contract that you agreed to says so? And it is not unreasonable as many people don't want their mobiles cut off unexpectedly if they fail to extend the contract. Most utility contracts work this way, although there are contracts working like you say, e.g. most insurances.

I agree generally with your comments, but would say that even insurance companies - certainly house and contents - will automatically roll on unless you cancel, working on the basis that you need to be covered.

At least that is what my insurance companies say they do, even though I always use a comparison site to get the best deal. BUt I am grateful for the back-stop in case I forget!

grumbler

Guys_Dad wrote: »

I agree generally with your comments, but would say that even insurance companies - certainly house and contents - will automatically roll on unless you cancel, working on the basis that you need to be covered.

I am pretty sure you are mistaken. My current policy says: "When your policy is due for renewal, we may offer to renew it for you automatically..."
Also it says: "Cancellation on renewal: If the new period of insurance has started and you can cancel within 14 days ... we will return any premium paid in full". Surely this is very different from what mobile operators do.

In the past, if an automatic renewal was a default option I was able to change it from the very start.

Guys_Dad

grumbler wrote: »

I am pretty sure you are mistaken. My current policy says: "When your policy is due for renewal, we may offer to renew it for you automatically..."
Also it says: "Cancellation on renewal: If the new period of insurance has started and you can cancel within 14 days ... we will return any premium paid in full". Surely this is very different from what mobile operators do.

In the past, if an automatic renewal was a default option I was able to change it from the very start.

Well, you are right inasmuch as insurances are for a fixed term rather than an open one and, therefore, a new year is a new policy. But mine do automatically renew unless I advise to the contrary.

macman

Some insurance policies do renew automatically and the new premium is taken by DD.
All mobile and landline contracts continue beyond the minimum term until notice is given.

prowla

Would you like it if they automatically cut our number off at the end of the 2-year minimum contracted period?