A1comms Affordablemobiles fulfilment of contract.

unholyangel

DoaM wrote: »

Can rescission occur after the contract has concluded?

Its not rescission. A unilateral mistake renders the contract void ab initio - void from the beginning/the contract was never valid.

So really, there would be nothing to rescind as the contract is treated as if it never existed.

IMO its an obvious error. £383 (monthly cost x minimum term - cashback) for the phone & service plan when the phone alone costs £500+ (£749 from amazon and the manufacturer)?

grumbler wrote: »

That's what I thought.

Some other companies (e.g. mobile networks, utility suppliers) can do this routinely without any courts, but it isn't the case with AffordableMobiles.

There is credit involved, just its provided by the network, but thats the same as any other phone selling company. But they'd only be able to trash your credit rating if you didn't make the agreed repayments on time.

shrinkingman44

Would it still be void if they have known about this from the 16th and they have since knowing about this, sent the phone, sent you emails welcoming you to the contract, asking if you need help setting up your new phone and then connected you to the network?
I only ask as these facts had happened.

grumbler

unholyangel wrote: »

There is credit involved, just its provided by the network, but thats the same as any other phone selling company. But they'd only be able to trash your credit rating if you didn't make the agreed repayments on time.

Yes, EE are (will be) able, not AffordableMobiles (phone selling company) that demands the phone back.

hollydays

grumbler wrote: »

Yes, EE are (will be) able, not AffordableMobiles (phone selling company) that demands the phone back.

Could you rephrase this

shrinkingman44

hollydays wrote: »

Could you rephrase this

I believe he’s stating that EE could affect your credit rating but affordable mobiles could not.

unholyangel

shrinkingman44 wrote: »

Would it still be void if they have known about this from the 16th and they have since knowing about this, sent the phone, sent you emails welcoming you to the contract, asking if you need help setting up your new phone and then connected you to the network?
I only ask as these facts had happened.

Again, it renders the contract void ab initio - it was never valid. It doesn't matter what happened, its as if the contract was never made.

grumbler wrote: »

Yes, EE are (will be) able, not AffordableMobiles (phone selling company) that demands the phone back.

EE provided the credit - but only for the service plan. According to "the legal bit" on the webpage listing, the products are provided by affordmobiles, not the network.

grumbler

unholyangel wrote: »

EE provided the credit - but only for the service plan. According to "the legal bit" on the webpage listing, the products are provided by affordmobiles, not the network.

Does the webpage say anything about credit provided by AM?
Customers pay directly to the network (EE), and it's EE who reports to CRAs. AM doesn't take part in this and have nothing to report. Neither does any other dealer selling phones.

shrinkingman44

unholyangel wrote: »

Again, it renders the contract void ab initio - it was never valid. It doesn't matter what happened, its as if the contract was never made.



EE provided the credit - but only for the service plan. According to "the legal bit" on the webpage listing, the products are provided by affordmobiles, not the network.

I have found this and now I am even more confused.

https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/1471828-help-mobile-mis-price-seller-is-disconnecting-phones-demanding-they-be-returned

unholyangel

grumbler wrote: »

Does the webpage say anything about credit provided by AM?
Customers pay directly to the network (EE), and it's EE who reports to CRAs. AM doesn't take part in this and have nothing to report. Neither does any other dealer selling phones.

Well its supposed to be an upfront cost, so the retailer won't have provided credit anyway.

My point was that the claim on the phone would seem to be that of AM rather than EE. But some phone sellers do actually provide the phone on credit (whether in full or in part).

shrinkingman44 wrote: »

I have found this and now I am even more confused.

https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/1471828-help-mobile-mis-price-seller-is-disconnecting-phones-demanding-they-be-returned

Why? Post #8 there mentions the unilateral mistake being able to void a contract. He just thinks that it wouldn't be an obvious mistake because they have deals sometimes. I've never seen one that good that wasn't a mistake - which is why I said IMO it is an obvious mistake. You'd need to be able to evidence they offered discounts of that size on a regular basis.

shrinkingman44

There are plenty of other contracts with free phone on the site. My Sister got one in the same week with 8 x the amount of internet for
Only £9 per month more. I really had no idea this was a mistake as they do the cheapest deals most of the time.