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TalkMobile - taking DDs after contract closed

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  • Terry98
    Terry98 Posts: 1,155 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    eDicky wrote: »

    If notice of cancellation is given to the network, but then the user decides to keep their number, calls again and obtains their PAC, their previous cancellation is no longer valid and the thirty days starts again. Failure to use the PAC within its thirty days' validity will mean that the service will continue as normal under the contract, with payment taken as before.

    Thanks.

    My contract is up in a few months and threads like this remind me that you need your ducks in a row to ensure you get the process right.

    So it's 30 days notice of cancellation and a request for the PAC at the same time. Give the PAC to your new provider about a week to 10days before the end contract and ask the new provider to effect transfer on the day after contract end.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Terry98 wrote: »
    Thanks.

    My contract is up in a few months and threads like this remind me that you need your ducks in a row to ensure you get the process right.

    So it's 30 days notice of cancellation and a request for the PAC at the same time. Give the PAC to your new provider about a week to 10days before the end contract and ask the new provider to effect transfer on the day after contract end.

    It's not. It's either or. The PAC cancels the notice otherwise.
  • d123
    d123 Posts: 8,729 Forumite
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    Terry98 wrote: »
    Thanks.

    My contract is up in a few months and threads like this remind me that you need your ducks in a row to ensure you get the process right.

    So it's 30 days notice of cancellation and a request for the PAC at the same time. Give the PAC to your new provider about a week to 10days before the end contract and ask the new provider to effect transfer on the day after contract end.

    that would be bad for you if you wanted your port to happen, when you ask for the PAC you effectively cancel the termination date, so when you hit day 31 (the day after the contract end date) the PAC will have expired and the port will fail.

    A port only takes a single business day now, so will complete the next business day after you submit your PAC to the new network. The safest is to submit the PAC around day 27 (or 3 working days before day 30) for it to process on day 28 (giving a couple of days in case of issues).
    ====
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
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    The level of understanding is is consistent. The quality is the same for what constitutes "notice" as what the termination procedure is. Ignore the actual t&c and go with your own personalised wish-list based on a few words elsewhere on the website.

    If I actually conducted my contracts your way I'd:-

    1) Be actually paying endlessly for all my contracts with TM instead of making a profit on each one because they would all still be running;

    2) If I put my money and time where my mouth was I'd then waste a lot of both trying to sue TM with absolutley no prospct of winning, since I wouldn't have a case.

    3) Waste a lot of time getting rebuffed by the Ombudsman whilst still clocking up monthly payments on contracts I wouldn't cancel because I didn't learn from my misunderstanding of contract law and instead prefer burrying my head in the sand.

    BUT... I could still proudly come on here and moan, mislead and misinterpret the legal framework to my heart's content.

    Fortunately, I play the game and make a profit with free bundles on just about all my contracts - and have done so for about 11 years now, since I first researched how everything actually works and how to ensure I made the most profit with free use. But then, that's just me.

    I would add this note:

    I made a formal compalint against TM, which went to the Ombudsman, NOT because the contract didn't magically end after 24 months without me lifting a finger, but because they refused to accept 30 days' notice without paying for an extra day each time i.e. they expect you to pay for not only the day the contract started but the same day two years later. I stated it was was "24 month" contract and no-where in the t&c did it state it was 24 months plus a day (or however long TM decided). That to me was a clear breach of the t&c of my contract(s), albeit for a few pence of extra cost (and reduced profit!).

    Although I would a few pounds because TM hadn't followed their own complaints procedure and TM did refund the extra day, the Ombudsman basically found in their favour - despite a complete lack of evidence and meaning, in effect, they could lengthen the contract as they wished beyond the contracted minimum period. Whilst that definitely is unfair and just plain wrong, I haven't made a big song and dance about it on here. It does show, however, that for a relatively minor infringement of having to pay for an extra day I would have got absolutely no-where if I ignored the t&c completely and didn't give 30 days' notice.

    You made complaints to the mobile phone company and ombudsman and lost both.

    This suggests your case was without merit.

    It suggests your understanding of (mobile phone) contracts is flawed. You interpreted your contract in a particular way; both the mobile phone company and ombudsman found against you.

    Do you agree with this statement?: "Contract ends 25 August 2017" means the contract does not end on 25 August 2017.
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
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    d123 wrote: »
    A link or screenshot to show where that's in the terms and conditions?

    You , yourself, provided the details early. Perhaps you didn't read what you posted.
    d123 wrote: »
    10.1. Either you or we may end this Agreement by giving the other 30 days notice in accordance with Clause 10.5 below.

    https://talkmobile.co.uk/tsandcs-landing

    https://talkmobile.co.uk/t-and-c-sept-2016:

    talkmobile.png
    10. Suspension and Termination of the Agreement

    10.1. Either you or we may end this Agreement by giving the other 30 days’ notice in accordance with Clause 10.5 below. Unless you have ended the Agreement in accordance with Clause 10.2 or Clause 10.3 below, you must immediately pay us the Early Termination Fee.

    That seems clear to me.

    Displaying a message such as Contract ends 25 August 2017 to a customer every time they log in to their account, typically at least 12 or 24 times, is notice of Termination of the Agreement.
    d123 wrote: »
    Especially as it's common knowledge and everyday occurrence that contracts don't just end and get terminated by the service provider on the last day of the minimum term..

    Do you agree with this statement?: "Contract ends 25 August 2017" means the contract does not end on 25 August 2017.
  • PHK
    PHK Posts: 2,259 Forumite
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    SnowTiger wrote: »
    You , yourself, provided the details early. Perhaps you didn't read what you posted.



    https://talkmobile.co.uk/t-and-c-sept-2016:

    talkmobile.png



    That seems clear to me.

    Displaying a message such as Contract ends 25 August 2017 to a customer every time they log in to their account, typically at least 12 or 24 times, is notice of Termination of the Agreement.



    Do you agree with this statement?: "Contract ends 25 August 2017" means the contract does not end on 25 August 2017.

    It does not mean that service ends on 25th August it means the minimum term of the contract ends. Perhaps, despite every phone contract having a minimum term, they need to spell this out.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    SnowTiger wrote: »
    You made complaints to the mobile phone company and ombudsman and lost both.

    This suggests your case was without merit.

    It suggests your understanding of (mobile phone) contracts is flawed. You interpreted your contract in a particular way; both the mobile phone company and ombudsman found against you.

    Do you agree with this statement?: "Contract ends 25 August 2017" means the contract does not end on 25 August 2017.

    If I had lost I wouldn't have gained more than I claimed. Losing to the Ombudsman doesn't necessarily mean the case is without merit - but if you really believe that why are you encouraging people to go there on a basically flawed premise??

    As for the statement, it is clear to anyone reading a contract rather than a headline (which wouldn't count for much in court) that the minimum term you are contracted to ends. The rest is down to the t&c which you are happy to ignore.
  • d123
    d123 Posts: 8,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    PHK wrote: »
    It does not mean that service ends on 25th August it means the minimum term of the contract ends. Perhaps, despite every phone contract having a minimum term, they need to spell this out.

    Exactly right, anyone thinking a court would decide otherwise is dreaming.
    ====
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