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Should I have to pay to leave my contract?

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jell36
jell36 Posts: 19 Forumite
edited 10 January 2013 at 11:13PM in Mobiles
Hi All,
I'm hoping someone might be able to help me out on this one. I have a 2 year contract with T-mobile, I am 18 months into the contract and so I have 6 months left. On Sunday night I was playing on my phone and all of a sudden it turned itself off, when I turned the phone back on the screen just showed a black and white fuzzy screen (like the static on an old tv when it wasn't tuned in but without any movement) this rendered the phone unuseable.

So Monday morning I rang T-mobile to see if there was anything they could do and they informed me that the phone had a 2 year warranty and so told me to go to a EE shop and they would send the phone of for repair and provide me with a loaner phone.

So I left work early that day and travelled into town to visit the EE shop. Once there I showed the assistant my phone and explained what was wrong with it and he said they would send it away for repair but when he went onto the computer he said he couldn't send it away for repair as my phone model was not on the drop down list on the computer and so he said I was best ringing customer service to see what they could do.

So he rang customer service for me and explained the problem and then I had an hour long argument with them as I would not agree to sending my phone away for repair without a loaner phone and the shop was unable to provide me with a loaner phone unless the shop sent the phone away for repair which they couldn't do because of the computer system. So eventually after an hour of arguing the customer service person agreed to send me a replacement phone free of charge and said I would receive it the next day between 1:00 and 5:00pm. So the next day I took the afternoon off work and waited for my phone to arrive but it never turned up. I then rang customer service again to see where my phone was and they said it was delayed and would be with me the next day.

The next day ended and no phone had arrived so I rang customer services again and they said my application for a replacement phone had been declined. I had never been informed that there was an application process and so by this point I was pretty angry as I had spent 3 days without a phone. I got put through to a manager after an hour on the phone to them who said they would not provide a replacement phone but offered £30 credit for the inconvenience, the manager then tried to arrange a repair on my phone but found the same thing as the shop in that he could not see my phone model in the drop down menu on his computer and so he then said my phone was purchased through a third party and so there was nothing they could do.

For an hour I dicussed with him the options available to which he said there were non, the phone had broke and they couldn't send it away for repair due to the computer system and all he was prepared to offer was £30 credit even though I had previously been lied to and told I was going to receive a free replacement. He said that I should have been told about the review process for the replacement phone and couldn't explain why I hadn't been informed but he admitted that even the notes on my account said that I was to receive a free phone the next day.

So after getting nowhere with them I said I want to leave and go with someone else and for all the lies and times wasting you have caused me they could cancel my contract free of charge but he refused and said it will cost me £160 to cancel minus the £30 credit. So now I am left paying for a contract and no phone that I can use. Is there anything I can do?
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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
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    jell36 wrote: »
    I'm hoping someone might be able to help me out on this one. I have a 2 year contract with T-mobile, I am 18 months into the contract and so I have 6 months left. On Sunday night I was playing on my phone and all of a sudden it turned itself off,

    ....

    So after getting nowhere with them I said I want to leave and go with someone else and for all the lies and times wasting you have caused me they could cancel my contract free of charge but he refused and said it will cost me £160 to cancel minus the £30 credit. So now I am left paying for a contract and no phone that I can use. Is there anything I can do?
    Sorry, I can't read long posts without paragraphs and I might have missed something important as a result.

    My answer is yes, you have to pay to leave.
    What T-mobile have to do is to repair or replace the phone within reasonable time and without causing you significant inconvenience. As this is after 6 months they can ask you first to prove that it is a manufacturing fault.
  • Valli
    Valli Posts: 25,475 Forumite
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    jell36 wrote: »
    . Is there anything I can do?

    Please break up your post, leave out the 'flannel' and then we might be able to help. Reading huge blocks of text on screen is really difficult...
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • jell36
    jell36 Posts: 19 Forumite
    ? but even T-mobile admit that the phone is covered by warranty and they would repair it if it wasn't for them not being able to select the phone on thier drop down list.
  • Valli
    Valli Posts: 25,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jell36 wrote: »
    ? but even T-mobile admit that the phone is covered by warranty and they would repair it if it wasn't for them not being able to select the phone on thier drop down list.

    If your phone is covered by warranty then ask them what they intend to do as it no longer works. Presumably the phone you have is obsolete so they could offer you a replacement phone.

    Is there anything in the contract about their obligations should a phone break?
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • jell36
    jell36 Posts: 19 Forumite
    Valli wrote: »
    Please break up your post, leave out the 'flannel' and then we might be able to help. Reading huge blocks of text on screen is really difficult...

    Reading is difficult?!?! The "Flannel" as you call it, is the story of what happened, no point in me only telling you half the story.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jell36 wrote: »
    ? but even T-mobile admit that the phone is covered by warranty and they would repair it if it wasn't for them not being able to select the phone on thier drop down list.
    The warranty is normally with the manufacturer, not the supplier. Do T-mobile offer their own independent warranty?
    If not, your contract with the supplier is covered by the SOGA only.
  • jell36
    jell36 Posts: 19 Forumite
    Valli wrote: »
    If your phone is covered by warranty then ask them what they intend to do as it no longer works. Presumably the phone you have is obsolete so they could offer you a replacement phone.

    Is there anything in the contract about their obligations should a phone break?

    That's the thing they agree it is covered by warranty but they say they cannot repair it due to inadequacies in their system and they refuse to provide a replacement now (I guess because of cost) and so then they say there is nothing they can do. That's why I'm asking you guys for help.
  • jell36
    jell36 Posts: 19 Forumite
    grumbler wrote: »
    The warranty is normally with the manufacturer, not the supplier. Do T-mobile offer their own independent warranty?
    If not, your contract with the supplier is covered by the SOGA only.

    To be honest I don't know who the warranty is with, I was just told that is is covered under a 2 year warranty so maybe I should ring and ask them

    VALLI - I forgot to say, I don't have a copy of the contract so I don't know what it covers.
  • Valli
    Valli Posts: 25,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 January 2013 at 11:25PM
    jell36 wrote: »
    Reading is difficult?!?! The "Flannel" as you call it, is the story of what happened, no point in me only telling you half the story.

    Keep to the main points and use paragraphs...

    Read the stickies at the top of the forum for advice on how to post and (if there is any in there, haven't read it) keep emotion out of it...

    We don't need the story, we need to know

    What the contract is for.

    What the problem is.

    What the company have said they will or won't do
    .

    ah..

    so now we need someone to come along and tell us what the contract is. Have you by any chance ever had an email copy?

    (I'm surprised you don't have a contract - is it not on the back of your agreement - was it made in store or online?)

    Without knowing the terms of the warranty (what it covers) it's going to be hard for us to advise. The contract may well run its full two years even if, for example, the phone is lost or damaged.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • jell36
    jell36 Posts: 19 Forumite
    Valli wrote: »
    Keep to the main points and use

    What the contract is for. - 24 month mobile phone contract with T-mobile

    What the problem is. - Phone has malfunctioned

    What the company have said they will or won't do.
    - originally to take it to the shop and they would send it away for repair, then a free replacement, then nothing except £30 credit.
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