Tesco Mobile Contract - Paid in Full for Iphone 24 January at 7:45PM in Consumer rights 52 replies 2K views

bignred05

Hi,

I am after some advice please.
following a deal on another popular website, which a number of people have also taken up on.

https://www.hotukdeals.com/deals/iphone-13-128gb-for-ps56950-tesco-clubcard-price-4039493

the deal was similar to an O2 Refresh deal, which is basically 2 separate contracts.
1 for a phone, which allows you to pay off the phone in full at the start of the contract (so effectively you have now bought the phone)
1 sim only contract** (£11.50 PM)

** in this case it was a 1 month rolling contract

Now the Iphone at the time of purchase was on offer with a clubcard price £558 (full price should be £791.64)

after cancelling the sim only contract within the first 14 days (cooling off period)

Tesco are now demanding full price for the phone that was initially reduced with a clubcard price offer.
bearing in mind the first myself and many others have found out about this was today almost 6-7 weeks after initial purchasing the iphone and cancelling within the cooling off period.

Anyone shed any light on this please.

visidigi

Going to depend on the T&C's you agreed to at sign up.

Aylesbury_Duck

Without knowing the terms and conditions of the offer, no one is going to be able to shed any light on it.

What do those terms say? If there's anything in there linking the two items, Tesco are probably entitled to act as they have.

SaverRate

Clicking through the deal to tesco mobile it states the following

How Anytime Upgrade Flex Works..

• You have two contracts – one for your phone and one for your usage
• Your monthly phone payments depend on how long your phone contract is – 12, 18, 24, 30 or 36 months
• Your usage contract is a 1 month rolling contract
• Once you've paid off your phone contract, you only pay your usage contract, which you can cancel any time
• Change your data allowance down or up once a month if you need to
• Upgrade whenever you want - just pay off your current phone, either in full or by monthly payments depending on when you terminate
• Great for you, great for your pocket..

Do you have the exact terms and conditions that you agreed to? 

bignred05

SaverRate said:

Clicking through the deal to tesco mobile it states the following

How Anytime Upgrade Flex Works..

• You have two contracts – one for your phone and one for your usage
• Your monthly phone payments depend on how long your phone contract is – 12, 18, 24, 30 or 36 months
• Your usage contract is a 1 month rolling contract
• Once you've paid off your phone contract, you only pay your usage contract, which you can cancel any time
• Change your data allowance down or up once a month if you need to
• Upgrade whenever you want - just pay off your current phone, either in full or by monthly payments depending on when you terminate
• Great for you, great for your pocket..

Do you have the exact terms and conditions that you agreed to? 

I don't have the exact T & C'S to hand

but as stated above, I was under the impression it was 2 separate contracts.
1 x Sim only 
1 x Phone, which as you have paid for in full at the start you then own the phone outright.


the sticking point here is the fact the price at the time was a promotional clubcard price 
now tesco are demanding the full payment as a result of cancelling the sim only contract (within the 14 day cooling off period)
this demand/final bill is some 7 weeks after the cancellation 

Link below for the actual deal

https://www.hotukdeals.com/deals/iphone-13-128gb-for-ps56950-tesco-clubcard-price-4039493?page=11#comments

Aylesbury_Duck

Without the terms and conditions you don't know if Tesco's claim is reasonable. I suggest you ask them for a copy and an explanation.

The delay is not a factor here. If you're bound to pay the difference, it doesn't matter that several weeks have elapsed.

HillStreetBlues

SaverRate said:

Clicking through the deal to tesco mobile it states the following

How Anytime Upgrade Flex Works..

• You have two contracts – one for your phone and one for your usage
• Your monthly phone payments depend on how long your phone contract is – 12, 18, 24, 30 or 36 months
• Your usage contract is a 1 month rolling contract
• Once you've paid off your phone contract, you only pay your usage contract, which you can cancel any time
• Change your data allowance down or up once a month if you need to
• Upgrade whenever you want - just pay off your current phone, either in full or by monthly payments depending on when you terminate
• Great for you, great for your pocket..

Do you have the exact terms and conditions that you agreed to? 

Reading that if someone has paid off the phone contract they can then cancel the usage one.

If any T&Cs  counter this  they would have to be spelt out otherwise unfair as you can't make headline statement and then have a counter meaning buried deep in the T&Cs

HillStreetBlues

But if as the OP has done cancelled in the cooling off period then the usage contract will be deemed as never has started so I can see Tesco wanting to get people to pay full price as they haven't taken two contracts but just one.

My very personal view would be  anyone cancel in the cooling off period Tesco can claim full price, anyone who paid for first month gets the discount.

savergrant

Presumably the handset was only available at this price when purchased with an airtime contract? So it seems to come down to understanding the term "cancelling". You chose to withdraw from the service without using it under the cooling off period, making the airtime contract null and void. Their definition of "cancelling" is likely to be terminating the contract by moving to another provider. A photo of the handset price ticket/promotional Web page might provide some clarity on the t"s and c's of the clubcard price.

savergrant

Offer details from hotukdeals;

Choose to buy the phone for the full amount upfront and you'll get it for £558, down from £792.

Must purchase a 1 month rolling contact, cheapest is £11.50 - can then cancel it and voila you've got an iPhone 13 for £569.50.

Reading that offer suggests to me that you must pay for 1 month's airtime contract. but could pac/stac before the renewal date. It doesn't suggest you can change your mind about the airtime contract and get it refunded.

HillStreetBlues

savergrant said:

Offer details from hotukdeals;

Choose to buy the phone for the full amount upfront and you'll get it for £558, down from £792.

Must purchase a 1 month rolling contact, cheapest is £11.50 - can then cancel it and voila you've got an iPhone 13 for £569.50.

Reading that offer suggests to me that you must pay for 1 month's airtime contract. but could pac/stac before the renewal date. It doesn't suggest you can change your mind about the airtime contract and get it refunded.

Agreed  If you paid the £11.50  you get the deal even if Tesco tries to backtrack
If you claimed the £11.50 back by cancelling the contract under the 14 day rule,  then you haven't fulfilled the offer.