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Tesco Mobile Contract - Paid in Full for Iphone

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  • savergrant
    savergrant Posts: 1,665 Forumite
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    But tesco are not applying a charge for providing a service within the cooling off period, presumably because you didn't use the service. They have credited the whole amount paid against the charge for the (full price in your own words) handset.
  • savergrant
    savergrant Posts: 1,665 Forumite
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    Was the phone displayed as priced as £792 at the point of sale, as distinct from on your proof of purchase which shows you paid a promotional price for which tesco say you no longer qualify?
  • savergrant
    savergrant Posts: 1,665 Forumite
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    edited 27 January 2023 at 12:05PM
    " the similar O2 Refresh deals. (2 contracts, I x phone, I x Sim) detailed above.
    after cancelling within the 14 day cooling off period.

    the only charge O2 would make was for x days of the sim only contract, this was never more than £2-4 pounds depending on the value of the sim only contract, again this was without actually using the sim."

    But were o2 selling the handset at two different prices, depending on whether you took out a contract with them?
  • bignred05
    bignred05 Posts: 1,217 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 27 January 2023 at 3:56PM
    But tesco are not applying a charge for providing a service within the cooling off period, presumably because you didn't use the service. They have credited the whole amount paid against the charge for the (full price in your own words) handset.
    Think you are missing my point.

    from the numerous O2 ReFresh deals
    you had a phone or a Tablet as well as a sim only offer/contract (2 separate contracts)

    you had several options to pay for the phone/tablet
    either in full, a reduced amount then XX per month for the phone*
    also the sim only contract again this would differ depending on how data you required.
    hence you buy the cheapest sim offer

    *you had the option to pay a higher amount upfront to reduce the monthly phone/tablet contract
    or you could pay for the phone/tablet in full and at the promotional price

    Lets say the sim was £12 a month.

    you took the contract out on the Monday, you cancelled the sim part on the Friday
    you would then be charged for 5 days of service (divide £12 into 30 days then x that by 5) which always resulted in a small final bill of £2-£4 (depending on the value of the sim).
    you kept the phone as you had paid for it in full at the start.

    should Tesco not be charging a similar way ?
    weather you cancelled on day 3, 5 or 14 ?
    you have not used the unlimited minutes/texts/data etc, but you have had the service that was provided.
    this is what O2 did.


    ** The phone was displayed at the time with a Clubcard promotion price of £558 upfront

    in a similar way Phones/Sims are advertised now at the Clubcard promotional price 
    or you then had the several options rather than paying £558 upfront
    you could pay lets say £200 upfront then £20, £25, £30 a month for the phone part of the contract (depending on how ,much you paid upfront for the phone/tablet)
    then take which ever sim only contract you wanted (depending on how much data etc) obviously the £11.50 was the cheapest option.

    example below, 

    ** check the upfront cost/box  (Clubcard Price £738 & Full Price £792)

    think the difference being we got a bigger (*Black Friday/Christmas) discount


    https://www.tescomobile.com/shop/apple/iphone-13?queryID=912e9539db0ffc73de22c3c740820842&objectID=41595&indexName=prod_default_products


    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..

    ** so looking at the above now "How Anytime Upgrade Flex Works"
    it looks and sounds the same/similar to O2 with their Refresh deals

    2 separate contracts
  • bignred05
    bignred05 Posts: 1,217 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker


    But were o2 selling the handset at two different prices, depending on whether you took out a contract with them?
    most mobile operators sell phones/tablets now at two different prices

    the more you pay upfront for the phone/tablet will reduce you monthly phone charge

    O2 and Tesco also allow you pay for the phone in Full upfront, (then you only have to pay for the sim only contract in theory)

    having purchased a sim only contract with the phone, which you are allowed to cancel within the 14 day cooling off period
  • savergrant
    savergrant Posts: 1,665 Forumite
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    edited 27 January 2023 at 5:33PM
    But it wouldn't have been on a one month contract.

    OK, so ponder this. Network X is selling a qwe47 for £999 or £1 when you take out a 24 month airtime contract at £50 per month. You decide to get the phone with a contract and pay £51 in store. You then call them to say you have changed your mind about the airtime contract within the cooling off period but are keeping the phone, and expect them to refund your £50.

    When you decided the airtime.contract was not suitable for your needs you needed to face the fact that you no longer qualified for the discounted price on the phone. If this was unclear to you I would suggest you contact them saying that as you were not made aware of the need to pay back the promotional discount until now you did not have all the information you needed to make the decision and offering them the choice of you returning the phone for a full refund within x days of being invoiced, or withdrawing your request to cool off from the airtime contract and paying them for the minimum term (1 month). Of course if there was anything at the pos to say you needed to maintain an airtime contract for a certain period that hasn't got a chance.
  • savergrant
    savergrant Posts: 1,665 Forumite
    1,000 Posts Second Anniversary Name Dropper
    "O2 and Tesco also allow you pay for the phone in Full upfront, (then you only have to pay for the sim only contract in theory)"

    But you didn't pay in Full, you paid a promotional price conditional on taking out an airtime contract. which you then withdrew from. Had you been able to buy the phone on its own for £558 you wouldn't have bought the airtime contract. The cooling off period is designed to allow people to reflect on a hasty decision, not to cheat retailers into getting discounted prices.
  • Jumblebumble
    Jumblebumble Posts: 1,999 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Ok so suppose the phone buyer ran up a huge bill by calling foreign mobiles and then cancelled in the cooling off period have you interpreted this to mean that they dont need to pay because there was no usage contract started?
    Covered in  CCR2013  36 4
    https://www.legislation.gov.uk/uksi/2013/3134/made


    So a person must pay.

    Ok so suppose the phone buyer ran up a huge bill by calling foreign mobiles and then cancelled in the cooling off period have you interpreted this to mean that they dont need to pay because there was no usage contract started?
    Covered in  CCR2013  36 4
    https://www.legislation.gov.uk/uksi/2013/3134/made


    So a person must pay.
    I completly agree that  according to section 4  the customer must pay if they decide to cancel a contract
    (Thats the one you believe never started )
    I am suggesting a contact starts on day 1 and not day 14 but what do I know 
  • savergrant
    savergrant Posts: 1,665 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Although to be fair there is confusion between the date of purchase and the date of activation. So you may have 14 days from purchase to reflect on and decide against using the service, but once you have actually begun to use the service you are deemed to have decided to accept. I used to sell cameras and one Jan a colleague said to me a customer had asked to return something under our gift exchange as it was an unwanted present. On being told that they wished to "exchange it for the purchase price" ie a refund I flagged up our policy was exchange for up to the value of. They then added that it was faulty, I asked how they could know that if it was an unopened present, and that if it has been used then all we could offer was to swap it for another one of the same.
  • savergrant
    savergrant Posts: 1,665 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I would imagine the delay in producing the "final bill" is to allow tesco to batch check eligibility for the promotion across everyone who took up the deal. It would be interesting to hear about the experiences of those who didn't cancel within the first 14 days, or those who did after activating and using the service, and also of those who paid for one month then ported away, or indeed paid a second month then ported away. I would guess that the t's and c's of the promotion state you must remain a monthly contract for a certain period, although hukd seem to think only 1 month.
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