End of Contract Notice

Anchorchain

My mobile phone provider is called Daisy Communications Ltd and my network is O2. My contract ends mid-January 2013 and I e-mailed Daisy recently to say I wanted to terminate the contract and as I wanted to keep my number which I've been using for my business for 15 years I was requesting a PAC code.
They e-mailed me back to say that under their terms and conditions there is a 90 day notice period after the end of the contract date and that they will issue me with the PAC code then (mid-April next year). My initial contract was with a company called Outsourcery which has been taken over by Daisy and I don't recall this 90 day notice when agreeing the contract.
If I want the PAC code earlier than the 90 days I will have to pay the three months payments to them in advance plus a cancellation fee. Can they withhold the PAC code requested for this long and can I get it earlier without paying for the 90 day notice period?

grumbler

Anchorchain wrote: »

My mobile phone provider is called Daisy Communications Ltd and my network is O2. My contract ends mid-January 2013 and I e-mailed Daisy recently to say I wanted to terminate the contract and as I wanted to keep my number which I've been using for my business for 15 years I was requesting a PAC code.
They e-mailed me back to say that under their terms and conditions there is a 90 day notice period after the end of the contract date and that they will issue me with the PAC code then (mid-April next year).

Mid-April? It's end of Feb 90 days since today. The PAC lasts for 30 days and has to be issued at the end of Jan.

My initial contract was with a company called Outsourcery which has been taken over by Daisy and I don't recall this 90 day notice when agreeing the contract.

Well, if you don't remember, this doesn't mean that it wasn't the case.

If I want the PAC code earlier than the 90 days I will have to pay the three months payments to them in advance plus a cancellation fee.

This is correct, but cannot be linked to issuing the PAC.

Can they withhold the PAC code requested for this long and can I get it earlier without paying for the 90 day notice period?

They cannot withhold, but you you have to pay unless you don't care about your credit history.

>> Can my mobile provider refuse to give me a PAC?

chanz4

This sounds like a business contract?

diamonds

A PAC must be issued, even 1 day into a 24 month contract, a dispute of contract is another matter.

Any term to keep you past or liable after your minimum term costs can be brought to account under Unfair Contracts Regulation for a consumer, although not protecting businesses you have every right to proceed to a small claims court for any unfair costs accured and billed after your minimum contract term expiry date.

diamonds

I would also be contacting CEO of o2 asking under Data Protection Act for a copy of the standard terms of business between o2 and its resellers & a copy of agreement between o2 and "Outsourcery" & Daisy Communications.

Any contract terms from Outsourcery are still valid & intact, unless you were notified with 30 days notice of any changes of T&C from Outsourcery and contuniuning on them T&C Daisy bought the liabilities of, them T&C ongoing with the business and the same 30 days notice applies to Daisy.

Time to get all your paperwork out and in order is the place to start.

grumbler

What difference does the contract between two companies make to a customer that has a separate contract with one of the companies?

diamonds

Because terms between BT Cellnet & Outsourcery, O2 & Daisy & the named contract holder are all linked together through 15 years of service & t&c over the same period.

You go to court with everything for every eventuality that may crop up in a defendants defence, or you dont bother going at all.

Guys_Dad

diamonds wrote: »

I would also be contacting CEO of o2 asking under Data Protection Act for a copy of the standard terms of business between o2 and its resellers & a copy of agreement between o2 and "Outsourcery" & Daisy Communications.

Any contract terms from Outsourcery are still valid & intact, unless you were notified with 30 days notice of any changes of T&C from Outsourcery and contuniuning on them T&C Daisy bought the liabilities of, them T&C ongoing with the business and the same 30 days notice applies to Daisy.

Time to get all your paperwork out and in order is the place to start.

Once again, Diamonds, you are showing the knowledge of a barrack room lawyer.

The Data Protection Acts cover personal data. You have absolutely no right to see any agreement between two 3rd parties. What you do have a right to see, upon paying your usual £10 or less search fee, is any data that the company holds on you.

Certainly that may be worth doing with Daisy. By all means, OP needs to see a copy of the contract that they signed - a pity that they can not find this.

Any company taking over another must adhere to the original provider's t&c unless they get a new contract signed accepting any new terms. Did this happen?

Diamonds is quite right about demanding a PAC code and the duty of a provider to supply it. But is it O2 or Daisy that will provide it? Check with O2. However, if the business contract that OP agreed had a 90 day notice period, then Daisy will have the right in law to bill OP in accordance with their t&c, assuming that they have a contract with the OP that includes that. And they must have provided OP with a copy of such a contract if this differs from the previous one.

diamonds

When the information under Data Protection Act has a direct influence on ALL the parties involved T&C copies need to be provided of all parties T&C going back over the15 years to make sure there are no breaches of reseller with o2 or customer.

Thus the boundry in your dispute you can request such from o2 (or whoever), you may not get it but you sure can request it, denial of it or not having them under a Data Protection Act request linked to the service provided to end consumer in a court goes in a claimiants favour mostly. COURT...go overprepared and organised for all eventualities as much as you can possibly foresee.

grumbler

Nonsense.
If you request the information under the DPA (and pay for this!), a company has to supply you only with the personal information they hold on you, i.e. the information directly related to you. Any general contracts with other parties have nothing to do with your personal information.

Possibly, if you really need this contract (why on earth?), there are other ways to get it, but definitely it isn't the DPA.

diamonds

ALL relevent and associated paperwork, t&c etc should be included when "requested" aswell as part of a DPA subject access request, these all apply to your "service" when requested not just because your name is on something, you are entiltled to access the complete picture of what that personal information agrees to as to the verification of Terms & Cond....

What good is "your personal data" with nothing that actually has the agreements of terms/contracts from any request.