Well that's a kick in the nuts....

ridgers84

Monkeyballs wrote: »

Hang on... So you cancelled your contract half way through and paid the termination fee of £217 and they want £480 for the handset?

The maths don't add up to me? So you got a handset worth £480 free on a contract which in total was only around £434 ish?

I'm not saying you've done anything wrong but I have to wonder if there is either something you've missed during the sign up or they've massively undersold themselves and are trying to back peddle... What was the contract and what phone?

MB

I apologise, I've just taken a look and I had approx 5 months remaining. It was a HTC One and was c.£36 p/m with the termination fee being £50 I think

mjm3346

If you purchase Contract Phone or Sim-Only we will often charge you less for those Goods than the amount we would charge if you were buying them without a Network Contract (the Retail Price). You acknowledge that us providing those Goods to you for free or at less than the Retail Price is conditional on you not downgrading your Tariff or ending your Network Contract during the Minimum Term

Within 7 days of the downgrade or end of the Network Contract you must:

(a) pay us the difference between the price you paid for the Contract Phone or Sim-Only and a sum equal to the Retail Price plus the market value of the Promotional Products; or
(b) send the Contract Phone or Sim-Only and any associated Promotional Products back to us;

I take it the 7 days for you to return the phone are up?

Monkeyballs

Ah, ok... Because on their site it has a link to T&C's at the bottom and was wondering if to cancel you had to call them and then they would have given you a different figure while contacting T Mobile they may have quoted rental only and no element of cost for the phone - it did seem very cheap lol.

So 19 months at £36 is £684 so add on the £217 and £50 termination charge then that's £751 - a lot more realistic

Yup, I don't see how that can be a mis-communication so I'd go with Sourcrates suggestion of making a complaint in writing to both Buymobiles and T Mobile.

MB

ridgers84

Don't suppose there is a template letter for this sorta thing is there?!

FireWyrm

As a point of consumer law, your arrangement was with T-Mobile not this third party outfit unless it was explicitly spelled out to you. BuyMobiles have not extended any credit to you, so they cannot make any report to the CRAs.

I wouldnt bother with BuyMobile (whoever they are). I would go directly to T-Mobile and demand an explanation. The arrangements between your creditor (T-Mobile) and their supplier (BuyMobile) are none of your concern. You have fulfulled your contract and paid all money outstanding.

ridgers84

Ok so here's an update....

I emailed BuyMobiles basically saying what has been advised here.

This is the response I got....

Thank you for your email regarding your order 2885468.

You had a contract with T-mobile for the ‘airtime’ and an agreement with Buymobiles.net for the product provided (Samsung Galaxy Note 2). As your order was placed via a telesales agent you have a ‘paperless’ contract therefore the terms and conditions of both Buymobiles.net and T-mobile act as your contract. These terms and conditions can be found on our website https://www.buymobiles.net.

T-mobile notified us of your disconnection from the network before the minimum term (24 months) had passed. This is a breach of contract. I cannot comment on the action taken by T-mobile to resolve the disconnection issue, this is information that we do not share. However if T-mobile are chasing you for payment this could only be for airtime as the handset itself was supplied by Buymobiles.net. If you are now paying T-mobile you are correct in saying that T-mobile are not at any loss.

This is unfortunately not the case for Buymobiles.net. Your contract disconnection has resulted in T-mobile not paying us for the connection of your line and/or taking back money that they have paid to us. This financial loss to Buymobiles.net is the reason we are now requesting that you pay for the goods that we provided. It is the network payments that allow us as a business to provide goods for free or less than the retail price. The Buymobiles.net terms and conditions clearly explain this.

The act of paying off your line rental upfront is classed as a network ‘buy out’ effectively ending your contract before the 24 month minimum term period.

Our ‘request for payment’ letter states that we require a payment of £468 to resolve the matter or the return of the handset. If you opt to return the handset please ensure it’s in full working order/good condition. We would strongly advise that you use Royal Mail special delivery to return the handset. The return address is;

A1comms
Contract House
Turnpike Business Park
Alfreton
Derbyshire
DE55 7AD

We require the payment or the safe return of the handset by 26th June 2014 at the latest.

Kind regards
Kelly Bacon

Ok, a couple of things here. 1) I never received a letter, they admitted that they sent it to my old address and it was returned to sender. 2) am I able to ask them how much the fee is between themselves and t mobile?

I'm not sure where to go with this next? Any advice appreciated

d70cw6

when you entered into the contract with T-Mobile, what did the Ts & Cs say? can you get hold of a copy of the contract you entered into?

hollibobs_2

Are these buymobiles peeps like carphone warehouse?..

ridgers84

I stupidly misplaced the contract when I was moving house

nearlyrich

Not sure if you would get more help with this on the Mobile phone area of the forum if you want me to move it I can....It is fine here as it is about a debt.