Phones4u help - repair prob

d123

kizziecat wrote: »

I only took contract out in January, there must be some sort of legal protection for the consumer that if something like this happens we have a legal right to cancel. what if I shouldn't get my phone returned, i'm still expected to pay £37 a month when I have no phone?.

Why would you think that? You signed a contract for network service with a network, it's not the networks fault that you used a retailer that is now in administration.

According to the administrators repairs should still be processed or returned. If it was to come back still faulty you could work directly with the manufacturer to get it repaired.

chanz4

another reason to deal direct with manufactures

charliemo39

I'm in exactly the same boat took my phone in on exactly the same day and they went into administration over that weekend. My Contract is with EE and I contacted them about it. They were great considering and gave me a £40 credit on my account when I pointed out that the sim only package for my contract was only £15 a month compared to the £42 I was paying. This should be enough to wait out the 6 weeks to get my phone back but I'm not holding out much hope.

Whats really really interesting is where we stand legally with regard to this it's not as clear cut as you may think due to the fact that in my case EE don't just give Phones for U a lump sum for the contract they have sold on EE's behalf. There is a combination of a lumpsum and residual monthly payments. That means that part of the money I pay every month is still going to Phones 4 U or PWC now via EE and yet I don't have my phone.

So yes your still tied in to the contract for the remaining period with the network but how much for is the big big question.

The networks have been allowing customers to cancel new contracts with Phones 4 u and themselves as customers wouldn't be receiving phones. Refunds for monies paid for phones is different matter.

I don't hold out much hope for getting my phone back although miracles do happen I suppose and I think the networks might be looking into ways they can solve this particular problem for the few of us that are in this situation.

gjchester

charliemo39 wrote: »

Whats really really interesting is where we stand legally with regard to this it's not as clear cut as you may think

Unfortunately it is.


Your contract with EE is for £42 a month until the minimum term (or you can choose to terminate early for a fee).


You also have a claim for the return of your phone on P4U.


The network subsidy and how its paid back is not relevant here, its not part of your contract. That's a commercial agreement between EE (or any network) and P4U. The P4U Administrators will no doubt be claiming any moneys dues in full from EE as part of the winding up, as the contract was correctly put in place before administration.


That said EE may choose to release you as a gesture of goodwill but that's all it is, legally you still owe EE monthly line rental regardless of if you have the phone or not.


As a short term measure you may want to request another SIM from EE so you can at least use the Minute/Text/Data that you are paying for.