Help Buymobiles.net claims i owe them money.

Silk

Herongull wrote: »

But if the contract has been paid off and the legal owner of the phone (from day 1) is OP this is unlikely to be enforceable.

Read the T&C's again ....transfer of title only occurs after minimum term

parttimeskint

The terms and conditions say nothing about owning the phone from day 1, the say:


10.5 You own the Goods once we have received payment in full, including all applicable delivery charges except that you will only own a Contract Phone or Sim-Only at the end of the Minimum Term.


Which is at the end of the 2 years.

Silk

parttimeskint wrote: »

The terms and conditions say nothing about owning the phone from day 1, the say:


10.5 You own the Goods once we have received payment in full, including all applicable delivery charges except that you will only own a Contract Phone or Sim-Only at the end of the Minimum Term.


Which is at the end of the 2 years.

Those are not the T&C's

Herongull

You are right - I didn't spot that

But in 4.5 it says

4.5 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.

This implies you are purchasing the phones not hiring them - ok it does have the extra weird stuff about it being conditional on not downgrading or ending the contract, but it says purchase not hire.

If the ownership doesn't pass to the OP until the end of the minimum term, how can he purchase them before that?

It looks to me as if the T&C are internally contradictory.


I'm really glad I always pay for my phone outright and go PAYG.

Silk

Those are not the T&C's ...read my post #8

parttimeskint

A hire purchase is still a purchase and implies nothing else. Also a contract phone and a network contract are 2 different things.


usually a person gets both from the same supplier under the same terms. But if you get the phone through a 3rd party then the phone contract is under their T & C and the network contract is under the network providers T & C.

Herongull

A hire purchase is very different to a purchase.

A hire purchase is an arrangement to hire goods with an option to purchase the goods (usually for a notional amount) after a certain period if all the installments are made.

There is nothing in the contract about hiring the phone.

And there are contradictory T&Cs, one indicating that the person has purchased the phone at the outset, another implying that they do not own it until the end of the minimum term.

If you purchase something you own it.

If you hire something you rent it.

Thus the T&Cs are contradictory. Ambiguities in contracts are usually interpreted against the party who drafted them?

So who owns the phone then?

parttimeskint

Buymobiles does ...... imo

arturbdg

So are there any definite conclusion did the OP paid in full? They are chasing me for £19 pounds. While it is not staggering amount of money I do not really feel inclined to pay if the terms are unfair. I have left T-Mobile because they have breached their Terms & Conditions (Got CISAS decision and all) this was several months ago and now they threaten me with legal action.

Any suggestions how to move forward with their claim?

PeterMan_2

I have just had the same.

I took a contract out in Feb 2013, paid the last 6 months off at full price a few months back, and have no been emailed demanding £474!!

How can that be fair and reasonable?

o2 confirm the account is paid in full, but also state i shouldn't pay them...