I agreed to a 12 month contract now they are saying its 24.

kyruu

Okay so what happened is i got a phone call with a promotional offer, 10GB of data a month + a free tablet on a 12 month contract. now i remember the guy promoted it as being 12 months as he stated it more than twice and i would not have agreed to 24 months at the time and have gone 6 months now thinking it was 12 months. I just signed up on the EE website to check balances and stuff and saw that its a 24 month contract...

Funny thing is i haven't signed anything and the only proof they have of me agreeing to is is the phone call which they said might not be on the system anymore( i wanted them to trace it so they can listen to it as proof for the guy telling me it was 12 months). So i only agreed to a 12 month contract and now they are telling me there is nothing they can do as on the system it says i agreed to a 24 month contract, when i never done this.

Is there anything i can do? how can they legally bind me to the contract if i never signed anything physically or they have deleted the recorded phone call off the system of me "apparently" agreeing to the contract. i mean yes i did technically agree, but i remember vividly they guy said numerous times it was only 12 month and i REALLY wouldn't of agreed to a 24 month.

Any advice on what i can do? can i just stop payments to is as they have no proof of me agreeing and isn't the whole point of a contract you binding yourself to terms through signature or recorded acceptance?? Please halp they should really just stick to !!!!ing signed contracts honestly >_<

Mark_Hewitt

For most contracts of this type there is a 14 day cooling off period.
http://www.which.co.uk/consumer-rights/action/how-to-cancel-a-contract-without-being-penalised

kyruu

I have been with the contract for over 6 months now. the point is a never ever agreed to a 24 month contract. what am i entitled to? because its been past 14 days does that mean im !!!!ed?? i am not bound to it because i didn't double check these details months ago ?

How are these companies allowed to do this? if it were the other way around i would most likely be !!!!ed and get charged and fined...

how can the do this just ebcause i didnt double check what they !!!!ed up on in the first place? i agreed over the phone to a 12 motnh contract, (the only proof they have of me agreeing) now they are saying its 24 months... WHAT can i do because im seriously thinking of just completely cancling payments from my bank to them and leaving it at that because its !!!!!!!!... i shouldn't of HAD to double check these details.

StuC75

The first mistake was believing a verbal confirmation. Many contracts and upgrades tend to be for 2 years.

Weigh up what the retail price of the tablet you got was against what you were committing to over the contract (whether it was for your assumed 12 months or 24 months) and see where that cost matches..

Do always check the small print, afterall if you stop the payments, all that will happen is the company will cancel your service and possibly affect your credit history or involve collection agents..

grumbler

If you don't want to have your credit history trashed, the only you can do is complaining and, possibly, taking the case to the ombudsman.

Or you can possibly try to sue O2: Small Claims Court

Learn the lesson and never ever agree to anything offered by a cold-caller. If you do, at least either record the call yourself or demand the offer and a confirmation in writing or by a-email.

kyruu

There was no small print, i didn't sign anything, and the tablet was a crappy £60 andorid 7 inch tablet, it was useless, it was purely an extra i didn't care about i mostly just wanted the 10GB of data.

They said the call would be recorded, but if they deleted the call how can they still bind me to the contract or agreement?

enjoyyourshoes

Check if you can downgrade the contract to cheaper one at the 12 month stage, I did this with EE
Its in T&C or speak to their contact centre.

kyruu

okay i will remember that haha, defiantly record it myself next time, and i am on orange/ee rather than o2. i already tried complaining a swell they said they may have cleared the recording off the systems as it was just over 6 months ago and said that he couldn't really do anything as on the system it said i had agreed to it being 24 months.

mobilejunkie

You agreed to something which seemed too good to be true from a phone call from someone who may not have even been who you thought they were. Happens all the time. Not signing or reading is a red herring. You are locked in so the thing you can do is to not be so gullible in future and never agree to anything from anyone resulting from an unsolicited phone call. It's BASIC.

kyruu

But i agreed to 12 months not 24. i remember it vividly, how can a company expect me to held up my end of the deal and them not hold up theirs? This wasn't them trying to scam me, this was on of their representatives messing up. when he went over the terms just before i agreed i remember him saying 12 months again. i just don't understand how i HAVE to hold up my end of the deal when they are not holding up theirs...

kyruu

"You agreed to something which seemed too good to be true from a phone call from someone who may not have even been who you thought they were. "

But if i agreed to something that was too good to be true, and it wasnt true, litrelly how the !!!! can they hold me to it if it wasnt true in the first place...