Can I leave my contract early?

pumpkinpatch

So where has any customer service gone these days - You show a company loyalty (15 years in my case), you do expect some sort of gratitude, especially in the mobile phone world where everyone is offering amazing deals for your buisness. We all know they are fighting against each other to keep there customers.

jhp

pumpkinpatch wrote: »

So where has any customer service gone these days - You show a company loyalty (15 years in my case), you do expect some sort of gratitude, especially in the mobile phone world where everyone is offering amazing deals for your buisness. We all know they are fighting against each other to keep there customers.

Why sign it in the first place if you didnt like the Terms and Conditions.

d123

Lynsey wrote: »

Exactly, so why should retailers????
If it was possible to cancel a contract once it had been broken by a retailer, I believe less contracts would be broken - they would have to obey.
Of course customers have to obey - it should be a two way thing and has to be.

Lynsey

Perhaps you should have done a little research before posting as it is possible to get out of a contract if the networks breaks or changes the terms to your detriment. I have got out of 2 T-Mobile, 1 Vodafone and 1 Orange contract over the years when they tried to change the contract terms. It's actually pretty simple to do.

For example, Orange:

terminating your Contract because Orange has changed its terms
4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes).

Lynsey

d123 wrote: »

Perhaps you should have done a little research before posting as it is possible to get out of a contract if the networks breaks or changes the terms to your detriment. I have got out of 2 T-Mobile, 1 Vodafone and 1 Orange contract over the years when they tried to change the contract terms. It's actually pretty simple to do.

For example, Orange:

I think you have picked up what I meant wrong and perhaps I wasn't more clear, I was referring to the mobile retailers (CPW, e2save) etc. and others who have gone bust (CNM) etc. - not the networks (o2, Orange) etc. When they break a contract, I believe/hope the contract should be able to be cancelled if wanted. Hope that's clearer.

Lynsey

MrRincewind

to lynsey,

i agree with you totally, But in this instance, It was a the OP agreeing a contract that by no means matches their needs from what i can gather, This was what i was commenting on,

My remark was not a sweeping suggestion that the networks/retailers always act like angels, Because we all know that is not the case,

i think you have taken my comment out of context and applied it to all problems, It was`nt meant that way and was only specific to this post

gushussain11

Dear loubie_lou Peace

I am sorry to learn your situation and suggest the following as a template for a foundation of your cancellation and complaint. (I guess its worth a try). Quicky drafted for you: (Oh and please amend to your particular situation).

Take NOTICE OF CANCELLATION.: You are hereby given notice to vary the agreement to the standard PAYG agreement and by effect please send a new PAYG SIM with the correct telephone number.

1. Stop sharing information with any third party, Data Protection Act 1998 (c29), Section 10(1) NOTICE until the issues herein are resolved.
   
2. Penalty for breach of contract (early termination) is contrary to:The Unfair Terms in Consumer Contracts Regulation 1999 No 2083
3. The 'buy out' terms and its effect is in contrary to section 9.2(e) General Conditions (Section 45 of the Communication Act 2003).
   No conditions were given to me over the phone as to the consequences of early termination.
   
4. You may take back all merchandise subsidised or on the current condition fair price be paid as final and full settlement of the merchandise subsidised.

You may be aware that my package entitles me to xxxx min and xxxx txts, of which I am using xxxx min and xxxx txts. This allows you to make a higher amount in profit for the service you provide shall I had been using all of the minutes and txts. Therefore any profit you would have made in 18 months has already been made in the 10 months. I therefore request that you remove any early termination charges.

The reasons for taking out the package was that I was told that this was the best Broadband offer on the market and I would have good value for money. Since then I have found that it did not meet my expectations and fell short of being value for money.

By you considering point 2 and 3 above I therefore request that you kindly issue PAYG SIM and terminate all related services without any unfair penalties except should you like for me to return any merchandise you have subsidised, please arrange for this to be collected. If you like for me to get a fair valuation of the merchandise in its current condition and pay the amount to you please let me now.

Thank you for your consideration and look forward to hearing from you.

Yours faithfully

Quentin

You raise some interesting points. And if your letter is correct, then we could all tear up our contracts!

But there are some strange items in your letter, amongst them:

1) In what way is the early termination penalty an unfair term?

2) The contract was for line rental plus inclusive minutes over 18 months - you cannot claim that because you didn't use up the inclusive minutes you have the right to cancel early.

3) They didn't contract to provide the "best Broadband offer on the market"

Sid_Harper

I think that letter would probably attract the attention of someone quite senior in their legal department who would then make it a personal project to rip your argument to shreds and make sure you can't get out of your contract...

...additionally IF you are looking to appeal to them on the grounds of loyalty (as another poster alluded to), then sending a badly worded legal letter is not going to get you any sympathy whatsoever.

gushussain11

Dear Quentin & Sid Harper Peace

Thank you for your comments and I have duly noted.

Lets take a example, 3 have released a new Skype phone. On PAYG Contract and the other on a pay monthly contract for a period of 18 months. Cancel after one month and you pay £50 (Cost of the Phone) on PAYG and for the same £357 on Pay Monthly. Word the terms as you like, still a unfair penalty.

Contracts can not be torn, but you can question at a later date a particular term of a contract to see if such a term complies with current legislation and if the test of fairness can be applied to it.

Networks are bound to the decision of adjudicator (Cisas), notwithstanding they could challenge such a decision in the High Court. The one or two cases I have assisted into Court, unfortunately end with default judgment in our favour and or they dont turn up to a hearing but the defence is not to fantastic, I could do a better job. The customers are not usually concerned to share the news.

I have good relations with the Service Provider and always have found customer service issues of the kind discussed here dealt with by the junior legal teams. I guess it not worth asking one who earns £300 ph to look into such matters at the individual's stage but thats a really a matter for the service provider to comment on.

I am sorry that you find some facts to be questionable in the template provided. I have simply provided a template should the concerned wish to use that to contact the service provider to negotiate early termination and in no way state that it contains all the facts and all such facts are accurate.

If you have any further question please do not hesitate to ask.

Peaceful Regards
Gus Hussain

Quentin

gushussain11 wrote: »

If you have any further question please do not hesitate to ask.

Your suggested letter does raise concerns.

I asked 3 questions about it, but you haven't addressed these yet.