Tesco Mobile Contract - Paid in Full for Iphone

bignred05

I have asked Tesco to listen to the call when cancelling. at the time the advisor clearly stated that as I have paid for the phone in full there is no need to return it. she also stated I would get a refund for the sim only part of the contract as I have not used it

Alderbank

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

The trouble is HUKD is not the retailer and you didn't buy from HUKD. The retailer is Tesco.

HUKD do have some filters to remove inaccurate posts but they are quite basic and not infallible.

As others have said, what were the T&Cs from the retailer Tesco?

the_lunatic_is_in_my_head

Comment on HUKD say Tesco is referring to clause 3.6 in their terms, do you know what that is OP?

bignred05

Further to the confusion above, the final bill states 30/12/2022 30/12/2022 Charge for failure to return products 791.64 (-569.50**) * Tesco have never mentioned anything about sending it back, or provided any details on how to ** This includes the Sim Only contract and the full payment for the phone (£568)

bignred05

the_lunatic_is_in_my_head said:

Comment on HUKD say Tesco is referring to clause 3.6 in their terms, do you know what that is OP?

I have found the T & C'S

Tesco-Mobile-Pay-Monthly-Service-Terms-and-Conditions-After-16th-June-2022.pdf (tescomobile.com)

as you can imagine today has been like Black Friday in terms of posts/updates on this particular deal as a result of the final bills finally landing and the shock/frustration it has caused.

some people have been quoting certain T & C'S though 

also just to point out people who cancelled after the 14 days are also being requested to return their phones.

HillStreetBlues

bignred05 said:

Further to the confusion above, the final bill states 30/12/2022 30/12/2022 Charge for failure to return products 791.64 (-569.50**) * Tesco have never mentioned anything about sending it back, or provided any details on how to ** This includes the Sim Only contract and the full payment for the phone (£568)

You took an offer getting a phone cheaper  by also buying sim usage contract.
You broke the offer by cancelling the sim, as they were linked this also cancelled the phone.  So the phone needed returning.
As you never returned the phone, they have charged you for it. So are charging the full price less the offer price you paid.

They shouldn't be charging you the £11.50  for the usage sim. 

bignred05

the_lunatic_is_in_my_head said:

Comment on HUKD say Tesco is referring to clause 3.6 in their terms, do you know what that is OP?

3. Cancellation during Cooling-off Period

3.1 If you change your mind after you have purchased a SIM Card and, where applicable, a mobile handset, you can tell us that you would like to cancel during the Cooling-off Period of 14 working days.

 3.2 If you purchased a SIM Card and, where applicable, a mobile handset through our website or through Telesales and you would like to cancel during the Cooling-off Period, please notify Customer Care on 0345 301 4455 or contact them via tescomobile.com/contact-us. Cancellation will occur on the date you notify us.

 3.3 If you purchased a SIM Card and, where applicable, a mobile handset in a store, please return to the store where you entered into your Service Agreement to cancel your Service Agreement. Cancellation will occur on the date you return to the store, subject to the return of your handset in accordance with Paragraph 3.6, where applicable. 3.4 If you use the Pay Monthly Service and you subsequently cancel your Service Agreement in accordance with this Section 3 (Cancellation during Cooling-off Period), you will incur charges for any usage you have made on the Pay Monthly Service. The charges you will incur will be the total sum of:

3.4.1 the current standard rate charges for calls, text and data within the Inclusive Allowance categories capped at the fixed monthly subscription tariff and any bundles you selected when you made your purchase; plus

 3.4.2 the current standard rate charges for any calls, text and data outside of the Inclusive Allowance categories. Pay monthly service terms 132213113.1\695126 6 Back to top Please see our current rates and Sections 6 (Pay Monthly Service charges) to 8 (Call Charges) for a full explanation of the calls, text and data for which your Inclusive Allowance can and can’t be used.

 3.5 Once we have heard from you that you wish to cancel your Service Agreement, we will refund any sum debited by us from your Payment Card when you made your purchase. We will do this within 30 days of the cancellation date provided that you comply with the requirements of this Section 3 (Cancellation during Cooling-off Period). If you have made any use of the Pay Monthly Service, you will incur charges for that use as set out in Paragraph

3.4. We will send you a final bill setting out these charges. The final bill will be payable by your regular monthly Payment Date (see Paragraph 4.3).

3.6 You are required to take reasonable care of any mobile handset we provide. If you change your mind and cancel your Service Agreement in accordance with this Section 3 (Cancellation during Cooling-off Period), you must return the mobile handset in its original packaging with all of its components within 14 days of the date on which you notify us of cancellation. If you purchased in a store, please return the handset to that same store. If you purchased your handset via our website or Telesales, you must return your mobile handset in accordance with the instructions we give you at the time you notify us that you wish to cancel. If you do not return the item as instructed, we may make a charge in respect of the cost of recovering (or attempting to recover) the mobile handset.

3.7 If you have a SIM only contract and you cancel during the Cooling-off Period, you do not need to return the SIM to us and, following disconnection from the Pay Monthly Service, you may use your SIM Card to connect to the Tesco Mobile Pay as you go network.

 3.8 If you have purchased your mobile handset using a credit agreement, your Coolingoff Period will be as set out in your credit agreement. Paragraphs 3.4 to 3.6 will still apply to you.

3.9 This Section 3(Cancellation during Cooling-off Period) does not affect your statutory rights.

bignred05

HillStreetBlues said:

bignred05 said:

Further to the confusion above, the final bill states 30/12/2022 30/12/2022 Charge for failure to return products 791.64 (-569.50**) * Tesco have never mentioned anything about sending it back, or provided any details on how to ** This includes the Sim Only contract and the full payment for the phone (£568)

You took an offer getting a phone cheaper  by also buying sim usage contract.
You broke the offer by cancelling the sim, as they were linked this also cancelled the phone.  So the phone needed returning.
As you never returned the phone, they have charged you for it. So are charging the full price less the offer price you paid.

They shouldn't be charging you the £11.50  for the usage sim. 

I have never been told to return the phone though (no one has until today) nor have Tesco made any arrangements or provided any details to return it directly.

when I cancelled the sim only, the call advisor clearly stated as I had paid for the phone in full there was NO need to return it
which is what I understood at the time to be correct.

HillStreetBlues

bignred05 said:

I have never been told to return the phone though (no one has until today) nor have Tesco made any arrangements or provided any details to return it directly.

when I cancelled the sim only, the call advisor clearly stated as I had paid for the phone in full there was NO need to return it
which is what I understood at the time to be correct.

Call centres can give the worse advice that's why always better to know more than them.

Clearly you hadn't thought about what cancelling the usage sim contract would mean  in regards to the linked phone contract
If you had you wouldn't have voided the usage contract to get back just £11.50 as that voided the phone contract.

You can try and say if you had been told the ramification of cancelling in the cooling off period you wouldn't have
Their argument will be that you should have known and it was you that agreed to the T&Cs  

bignred05

HillStreetBlues said:

bignred05 said:

I have never been told to return the phone though (no one has until today) nor have Tesco made any arrangements or provided any details to return it directly.

when I cancelled the sim only, the call advisor clearly stated as I had paid for the phone in full there was NO need to return it
which is what I understood at the time to be correct.

Call centres can give the worse advice that's why always better to know more than them.

Clearly you hadn't thought about what cancelling the usage sim contract would mean  in regards to the linked phone contract
If you had you wouldn't have voided the usage contract to get back just £11.50 as that voided the phone contract.

You can try and say if you had been told the ramification of cancelling in the cooling off period you wouldn't have
Their argument will be that you should have known and it was you that agreed to the T&Cs  

Over the years, I have taken a number of similar mobile contracts with O2 called Refresh.

they work the same way, or at least I thought they did.

2 separate contracts, 1 x phone, 1 x sim only.

they work like, pay the phone in full (comply with the T & C'S) then cancel the sim only 

all monies paid towards the sim part of the contract would always be refunded once the final bill was processed usually around 14 days after cancelation (not 7 weeks as with Tesco mobile)