Ending a long and expensive mobile phone contract early 4 October 2021 at 11:37AM in Mobiles 9 replies 237 views

SonicDad777

**HELP** I signed up for a new mobile phone contract in November 2018 which was roughly £65 pm. It promised 15gb but when delivered the contract via Plan.com actually showed 12gb - I let that go as I thought it would probably be enough. When the pandemic hit I looked to reduce costs anywhere I could and the phone provider said they could reduce the monthly amount but I'd unwittingly tied in until April 2023!! The monthly amount is still around £55 and I feel this is still expensive and I'd like to end the contract.
Is there any way out of this? Could I say breach of contract as I'd originally signed for 15gb?? This was all done over the phone initially on a very busy work day (the deal was coming to an end that day) and subsequently at a stressful time in April 2020 mid-pandemic. I'm really fed up with this company.

southsidergs

I think you'd be on very shaky ground to go down the breach of contract now as you're not even on the original deal you've changed it. All contracts have cooling off periods so you can change your mind why did you not bring up the wrong data at the time? In any case I think you'll likely just have to accept it as you agreed to the contracts at the time

Jon_01

You can't use something from 3 years ago to end a contract now, you will have been deemed to have except the terms after the first 30 days of not contesting it.
You could try to get a goodwill gesture from them, but other than that, you'd tied in to the end of the term unless you pay the full term off. . . 

SonicDad777

southsidergs said:

I think you'd be on very shaky ground to go down the breach of contract now as you're not even on the original deal you've changed it. All contracts have cooling off periods so you can change your mind why did you not bring up the wrong data at the time? In any case I think you'll likely just have to accept it as you agreed to the contracts at the time

Thanks. I did bring bring up the data issue and they'd promised to look into it but I never heard back - I take your point about a cooling off period, pandemic mid-lockdown was not an easy moment and I had lots going on. Who didn't?

SonicDad777

It'll be nearly 5 years by the time the contract ends, do you think that sound right?

Farway

I wouldn't fancy your chances getting anywhere complaining about speeds after two or more years with ample time to have changes it when you, as a responsible adult, agreed to another contract with the same company.

Whether you were or are under stress etc is a red herring, how is the person at the other end to know this?

Have you worked out what it will cost to break the contract? Normally it's whatever you would pay them until contact ends

If you care to say who they are others may be able to advise how they got on seeking to pay less monthly. Was a new mobile part of the offer?

Jon_01

SonicDad777 said:

It'll be nearly 5 years by the time the contract ends, do you think that sound right?

When they change the contact to £55 from £65 that would have started a new contract, not extend the old one.

phillw

I would phone up to make a complaint about the total money that you will be paying, which you don't believe you were adequately made aware, if the call handler doesn't do anything that you like then ask for a dead lock letter to give to the ombudsman. This will either.

1. make them change their position
2. give you a dead lock letter
3. ignore your request.

If they go for option 3 then they have 28 days to solve it to your satisfaction before you can just go to the ombudsman.

I would forget the speed thing though as the ombudsman might focus on that and say that it's too long and then reject your claim.

You want them to think "wow, that is a lot of money, nobody would have agreed to that if they were aware of it".

But your provider might be able to make a case that you were aware of it and you just changed your mind after entering the contract, twice.

I'd forget bringing up the pandemic too, it just sounds like you're making excuses & the ombudsman might think "hey I went through the pandemic too and didn't manage to get myself into a £55 a month contract".

flashg67

Could you sell the handset to (partially) fund paying the contract up then buy  a cheaper handset on a sim only?

SonicDad777

phillw said:

I would phone up to make a complaint about the total money that you will be paying, which you don't believe you were adequately made aware, if the call handler doesn't do anything that you like then ask for a dead lock letter to give to the ombudsman. This will either.

1. make them change their position
2. give you a dead lock letter
3. ignore your request.

If they go for option 3 then they have 28 days to solve it to your satisfaction before you can just go to the ombudsman.

I would forget the speed thing though as the ombudsman might focus on that and say that it's too long and then reject your claim.

You want them to think "wow, that is a lot of money, nobody would have agreed to that if they were aware of it".

But your provider might be able to make a case that you were aware of it and you just changed your mind after entering the contract, twice.

I'd forget bringing up the pandemic too, it just sounds like you're making excuses & the ombudsman might think "hey I went through the pandemic too and didn't manage to get myself into a £55 a month contract".

Thanks for the info - what is a deadlock letter and what are the implications?