30 Day Cancellaton Policy... Applies AFTER the contract!?

wowman

Hi All,

Just wanted to poke my nose around here as I have had great success with the MSE section of the forum with parking fines. Fingers crossed we have some amazing-level gurus over here like over there (or people with similar experiences!)

I took a SIM-only deal from Vodafone last year (25th June 2015) for 12 months. It was alright, but definitely keen on swapping this year.

I saw and accepted a deal from Three where they do the first 6 months for half price! The deal just ran out (28th June) so didn't want to miss it. I sorted and arranged all of this out last week (25th June), however after accepting the contract from Three, and telling vodafone I wanted to leave them - they insisted that due to a 30 day cancellation policy on the T&C's, I have to pay for another month.

What. The. F**k. I'm relatively new to the whole phone contracts scene but how can they be possible/legal? 12 months should mean 12 months (i.e. I can leave giving 3 days notice before the expiry of the contract). The agent told me that 'you need to contact us on the 11th month to cancel it in time with the 12 month period'.

I felt completly helpless as a consumer. How dare they decieve me (or anyone else) like that! I'm more than willing to take them to court if I can fight it. I know it's only an extra months worth of 'double charges' (£30 for my contract) but I didn't want the good offer from Three to expire. Worse comes to worse I'm still getting some good value out of it all, but surely this can't be morally right.

So the question I want to ask the good MSE community here (if anyone has any good legal knowledge of mobile phone contracts), can I fight it? If so, can you start me off (direct me to the legislation I can use against them or ombudsman I can complain to).

Thanks in advance for any and all responses. Worse

bod1467

The T&Cs say you need to give 30 days notice to leave the contract. (You're still in contract, just that the minimum 12 months term is coming to an end. Check the precise wording of the contract - it probably specifies that you move onto a 30-day/1 month rolling contract after the minimum term; if it doesn't then you may have an "out", but I suspect not).

If you'd known 3 weeks ago, say, that you were going to leave, you could have given your notice then. In other words, to exit the contract after exactly 12 months you need to give your notice 30 days before the 12 months is up.

It's all perfectly normal, so if you want to leave straight away you'll still owe them another month's payment - sorry.

TadleyBaggie

It wasn't a fixed 12 months contract, but a contract with a 12 minimum term. The contract doesn't end until you cancel it and this requires 30 days notice. This is normal for mobile phone contracts, as well as others such as home phone, broadband etc.

sdduk

wowman both the above post are correct you have to give 30 days notice.

wowman

bod1467 wrote: »

The T&Cs say you need to give 30 days notice to leave the contract. (You're still in contract, just that the minimum 12 months term is coming to an end. Check the precise wording of the contract - it probably specifies that you move onto a 30-day/1 month rolling contract after the minimum term; if it doesn't then you may have an "out", but I suspect not).

If you'd known 3 weeks ago, say, that you were going to leave, you could have given your notice then. In other words, to exit the contract after exactly 12 months you need to give your notice 30 days before the 12 months is up.

It's all perfectly normal, so if you want to leave straight away you'll still owe them another month's payment - sorry.

Thanks all for the replys.

Grr... Can't believe that (well, I can, but very annoyed by it lol). I felt like I've been missold as I've never heard of this term before.

Suppose I just have to live with it

d123

wowman wrote: »

Thanks all for the replys.

Grr... Can't believe that (well, I can, but very annoyed by it lol). I felt like I've been missold as I've never heard of this term before.

The term has existed on all networks for as long as we've had mobile phone contracts...

mobilejunkie

And it's no-one's responsibilty but yours to know what the t&c are when you sign up - though I've always thought contract advertising is misleading in that most people would assume that a 24 month contract IS a 24 month contract and not a minimum term contract.

boatman

You aren't the first and you won't be the last to think it finishes in 12/24 months..

System

Personally, I think of contract duration as the minimum duration lock-in before possible notice of leaving.

So either 30 days or 11 months for most sim only contracts.