Plan.com - help with exit from contract please

Ocho27

Hello all
I imagine that this provider has been covered a fair few times on here, so I'll not go into too much detail other than to say I took out a contract with them on the basis of being told that they could provide me with exactly what I was already getting but for less...  I know I know, should have put the phone down... but I didn't and now I'm one year into a 3 year contract where I've been paying an average of nearly £45 per month for SIM only with no change to my useage, just a horrific change to my bills...

So clearly I want out and quickly.  I somehow doubt that just shouting and screaming will help, but I think I have found something to work with but I want help on how to use this to my best advantage to exit the contract without any fees, please.

When I took out the contract, I was already in another that I wanted to leave because the signal strength in and near my home was so poor.  As part of the agreement with Plan.com, they said they would pay the early exit fees from my previous providers (handset & SIM only).  One of these was £285 to settle with Sky.  I hadn't seen this payment come through so I chased it, was told that it had been sent in their payrun.  I went away on holiday so forgot about the issue and then looked a month or so later and then saw a payment in my account for £285.56 and assumed all was good.   However, it turns out that this payment received is for something completely different.  As far as I can tell they never paid me this amount due so I presume are in breach of contract or similar.

How do I use this to get out of the contract, and get them to pay me what they owe me.  I would really like to get both because I'm utterly fed up with the bills and also could do with the £285!!!

Thank you all for your help.

PHK

First of all this will be a business contract, I guess you’re not in business? (If you are then you should get the contract looked over by your solicitor or legal help - from insurance or a trade organisation)

Assuming you aren’t then you should follow their complaints procedure complaining that a) they didn’t pay you the £285 b) they misrepresented the costs as being cheaper c) they should not have sold to you because you are not a business. Request that the contract is undone. 

If you aren’t happy with the outcome then send them a Letter before Claim (sometimes called a letter before action) telling them they have 14 days to pay you the amount it will cost you to terminate the contact early plus find a new suppplier. If they don’t you’ll make a claim at the small claims court for those costs plus the court fees. 

If they don’t play ball then take the court action. 

Citizens advice can help you through the process. 

ballyblack

PHK said:

First of all this will be a business contract, I guess you’re not in business? (If you are then you should get the contract looked over by your solicitor or legal help - from insurance or a trade organisation)

Assuming you aren’t then you should follow their complaints procedure complaining that a) they didn’t pay you the £285 b) they misrepresented the costs as being cheaper c) they should not have sold to you because you are not a business. Request that the contract is undone. 

If you aren’t happy with the outcome then send them a Letter before Claim (sometimes called a letter before action) telling them they have 14 days to pay you the amount it will cost you to terminate the contact early plus find a new suppplier. If they don’t you’ll make a claim at the small claims court for those costs plus the court fees. 

If they don’t play ball then take the court action. 

Citizens advice can help you through the process. 

Sound advice.

 I want to add if you get cold called about anything to do with mobile contracts, HANG UP!