Mobile phone billed even though I haven't yet activated the sim.

Can anybody tell me whether it is acceptable and legal for Talk Talk Mobile to bill me for a month and a half even though I haven't yet unpacked and activated their sim card?

I did not wish to activate the said card until my contract with Vodafone ends later next month and have queried this with them but their answer was bullyish and unsatisfactory.

Thanks

Comments

  • withabix
    withabix Posts: 9,508 Forumite
    Your contract started when the Sim was delivered to you.

    This is acceptable and legal.

    Just because you chose not to put it in your phone isn't their fault.

    Why did you order it so early?
    British Ex-pat in British Columbia!
  • Meadows
    Meadows Posts: 4,530 Forumite
    Mortgage-free Glee! Hung up my suit! Xmas Saver!
    Contract starts when you receive the sim and not when you start to use it.
    Everything has its beauty but not everyone sees it.
  • Hazzanet
    Hazzanet Posts: 1,722 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Completely fair and legal.

    Your choice if you don't use the service that they are providing at a cost to them.
    4358
  • Herongull
    Herongull Posts: 1,356 Forumite
    Eighth Anniversary Combo Breaker
    What does it say in the contract or T&Cs about when it starts? On delivery or activation?

    What did they tell you on the phone originally?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 April 2013 at 11:02AM
    I did not wish to activate the said card until my contract with Vodafone ends later next month and have queried this with them but their answer was bullyish and unsatisfactory.
    So, do you really believe that you can postpone the start of the contract for as long as you wish?
    http://m1.ttxm.co.uk/sites/mobile/images/pdf/terms-15082012.pdf
    2.3

    If Mobile Equipment is included, we will start billing you from the time you start using the Mobile Services and/or Mobile Equipment, or nine (9) working days after we despatch the device to you. If you have not received your device by the time we start billing you and you have not notified us that you have not received the handset, you will be liable for the monthly charge as your contract will be deemed to have started.
    For a sim-only contract I don't see any reasons for a sim-card not be be classed as 'mobile equipment'.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    In fact, the sim is usually activated when it is sent - before you even receive it. Presumably you ordered by internet or phone - in which case you have 7 days to cancel provided you haven't actually used the sim or phone. However, if you've already had the first bill you are almost certainly outside the 7 days.
  • Buzby
    Buzby Posts: 8,275 Forumite
    If they did not - they could be out many £££ as customers choose to delay use or indeed not power up their handsets.

    As others have noted, your first use date is of no consequence, it will usually the day of delivery or the day after.
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