Phone contract provider obligation

working765

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

jon81uk

If it is a business contract then it is not a consumer rights issue.

TadleyBaggie

Nothing to do with consumer rights, if it is a business contract. You would have to read what it says in the contract as that is the only thing that matters.

Grumpy_chap

working765 said:

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

As others have mentioned, this is a business contract so the consumer rights such as cooling off period do not apply.

If it has truly been 15 months but you never received the new phones and SIM cards, or made any payments, what have you done in that period to progress the matter?

working765

Grumpy_chap said:

working765 said:

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

As others have mentioned, this is a business contract so the consumer rights such as cooling off period do not apply.

If it has truly been 15 months but you never received the new phones and SIM cards, or made any payments, what have you done in that period to progress the matter?

Well it's through BT, so endless fruitless calls and emails. Trouble was that since I was still inside the original contract I had no other options 

I hadn't appreciated business is not consumer. But in principle, is there something a vendor needs to do to signal that a contract has started?

user1977

working765 said:

Grumpy_chap said:

working765 said:

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

As others have mentioned, this is a business contract so the consumer rights such as cooling off period do not apply.

If it has truly been 15 months but you never received the new phones and SIM cards, or made any payments, what have you done in that period to progress the matter?

I hadn't appreciated business is not consumer. But in principle, is there something a vendor needs to do to signal that a contract has started?

Not clear what you mean by "signal" that a contract has started. We can't see your contract from here - what does it say about when it starts?

working765

user1977 said:

working765 said:

Grumpy_chap said:

working765 said:

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

As others have mentioned, this is a business contract so the consumer rights such as cooling off period do not apply.

If it has truly been 15 months but you never received the new phones and SIM cards, or made any payments, what have you done in that period to progress the matter?

I hadn't appreciated business is not consumer. But in principle, is there something a vendor needs to do to signal that a contract has started?

Not clear what you mean by "signal" that a contract has started. We can't see your contract from here - what does it say about when it starts?

The "agreement" start date is the date of signing.
The "service commencement" date is the "date the service is supplied".

I can't see anything that links the two, or anything that says that they actually have to start "commencement" at all

powerful_Rogue

working765 said:

user1977 said:

working765 said:

Grumpy_chap said:

working765 said:

Hi, 

I have a business mobile contract and was offered upgraded terms within contract which I signed up to. Roll on 15 months, the new contract has still not started, no phones, no SIMs, no bills and no payments. I am now out of the original contract so would like to move company, but I am told that I within the term of the newer contract and will have to pay exit fees.

As I understand, my 14 day cooling off period is based on contract date, so long gone. 

But it can't be correct that my obligation starts at the time of signing, but that they can claim a real contract exists without actually supplying something, can it?

As others have mentioned, this is a business contract so the consumer rights such as cooling off period do not apply.

If it has truly been 15 months but you never received the new phones and SIM cards, or made any payments, what have you done in that period to progress the matter?

I hadn't appreciated business is not consumer. But in principle, is there something a vendor needs to do to signal that a contract has started?

Not clear what you mean by "signal" that a contract has started. We can't see your contract from here - what does it say about when it starts?

The "agreement" start date is the date of signing.
The "service commencement" date is the "date the service is supplied".

I can't see anything that links the two, or anything that says that they actually have to start "commencement" at all

The agreement start date will be the date the contract started. Service commencement has nothing to do with it.