A1comms Affordablemobiles fulfilment of contract.

shrinkingman44

I am after a little help that may help myself and many more.

I applied for a mobile phone contract through affordablemobiles.co.uk
On Sunday 16th June. The phone arrived on Monday 17th and I was happy, later that day EE text me stating I had asked for the contract to be terminated (I had not) so I called EE and was told Affordablemobiles had told them the handset had not been delivered. I insisted it had and that I was using it at the time. They told me to contact affordablemobiles immediately, which I did. The telephone Rep (collections team) told me that there had been an error on the website and affordablemobiles were not willing to live up to their side of the contract. I insisted the contract was fulfilled by them and the rep agreed that a customer services member would call me back the next day (they never did)
I can make and accept calls on the device but I cannot register it on the EE app, I believe this is because it still has not been activated by affordablemobiles. Where do I stand? What do I do next?

I really want the phone as it was a good deal but the are insisting I cannot have it, I do have a receipt and a short breakdown of the EE contract. I now know there are a large amount of people in the same position as me.

Thanks for any help that anyone can give.

KatrinaWaves

When you say there are a 'large amount of people' in the same position, does that imply that you got a 'too good to be true' deal.

if so, youre going nowhere son!

Boohoo

shrinkingman44 wrote: »

I am after a little help that may help myself and many more.

I applied for a mobile phone contract through affordablemobiles.co.uk
On Sunday 16th June. The phone arrived on Monday 17th and I was happy, later that day EE text me stating I had asked for the contract to be terminated (I had not) so I called EE and was told Affordablemobiles had told them the handset had not been delivered. I insisted it had and that I was using it at the time. They told me to contact affordablemobiles immediately, which I did. The telephone Rep (collections team) told me that there had been an error on the website and affordablemobiles were not willing to live up to their side of the contract. I insisted the contract was fulfilled by them and the rep agreed that a customer services member would call me back the next day (they never did)
I can make and accept calls on the device but I cannot register it on the EE app, I believe this is because it still has not been activated by affordablemobiles. Where do I stand? What do I do next?

I really want the phone as it was a good deal but the are insisting I cannot have it, I do have a receipt and a short breakdown of the EE contract. I now know there are a large amount of people in the same position as me.

Thanks for any help that anyone can give.

Do you have a web link for this phone you have got?


If not did you take a screenshot of the offer and if you did can you put that screenshot on MSE so we can look at it and see if it was mistake by AM.


The other issue is AM may say they want the mobile back but this situation will need sorting out ASAP the longer it drags without being solved then you may end up trashing your credit history/rating by no fault of your own.

Kingsd316

Boohoo wrote: »

Do you have a web link for this phone you have got?


If not did you take a screenshot of the offer and if you did can you put that screenshot on MSE so we can look at it and see if it was mistake by AM.


The other issue is AM may say they want the mobile back but this situation will need sorting out ASAP the longer it drags without being solved then you may end up trashing your credit history/rating by no fault of your own.

Huge thread on it here on Hotukdeals, with screenshots etc



https://www.hotukdeals.com/deals/iphone-xr-on-ee-17-per-month-500-mb-data-free-handset-total-383-3247724#thread-comments

DoaM

HUKD ... so there's a high probability of it being a mistake, and the uptake on the deal has highlighted this to the company.

HOWEVER ... they've sent OP the phone - this suggests that the contract has been concluded, so Affordable Mobiles probably have to suck this one up.

KatrinaWaves

DoaM wrote: »

HUKD ... so there's a high probability of it being a mistake, and the uptake on the deal has highlighted this to the company.

HOWEVER ... they've sent OP the phone - this suggests that the contract has been concluded, so Affordable Mobiles probably have to suck this one up.

The contract could be cancelled as it is a unilateral mistake. the fact it seems these phones were almost free (only paying for airtime) would make this a clear unilateral mistake and would be held up in court, in my humble opinion

Rescission: Contract rescission is where the contract is completely cancelled and the parties restored to their position before the contract was entered into. Rescission is only available if the non-mistaken party knows or should have known about the unilateral mistake.

DoaM

Can rescission occur after the contract has concluded?

KatrinaWaves

DoaM wrote: »

Can rescission occur after the contract has concluded?

yes, according to google :P

If this had been a discount the supplier didnt want to offer, say, 40% (just pulling numbers here) then it may fall down. the fact this phone appears to be entirely free with only the airtime paid for, it will never be able to be considered something which a layman would consider simply a good deal, rather than a mistake.

DoaM

KatrinaWaves wrote: »

the fact this phone appears to be entirely free with only the airtime paid for, it will never be able to be considered something which a layman would consider simply a good deal, rather than a mistake.

Really? I must have imagined seeing all those deals advertised over the years where you take out a mobile contract and the phone comes "free"*.

* It's not free - it's built in to the contract price.

KatrinaWaves

DoaM wrote: »

Really? I must have imagined seeing all those deals advertised over the years where you take out a mobile contract and the phone comes "free"*.

* It's not free - it's built in to the contract price.

I mean this is literally free, the airtime doesnt even come close to paying for the phone at the current price. Also based on the UKHD or HUKD whatever forums it appears they are listed but not charged for, or something. I havent done a deep dive.

shrinkingman44

There are a load of phones on their website that are free?
When I ordered, I never knew about any mistake been made by them?