Can I leave my contract early?

Lynxette

Sid_Harper wrote: »

There are far too many people that don't (a) stop to think what 'contract' means

I got a contract because I was paying £30 a month in PAYG top-ups and was pretty certain I could get a better deal on contract - and on paper, I can!

Unfortunatly, it doesn't work like that all the time. At the time of signing up I took on 3 months free mobile phone insurance, and signed a letter in store saying that it was to be cancelled after the three months - Vodafone are denying that I signed this letter and have 'no record' of it - They also say that my record doesn't apply as I could have easily forged it on a word processor. So that's £30 + £6.75. The charges for some of the calls I've made (So much for 'free calls', apparently it's only to other vodafone mobiles but I cannot find this on my contract or their terms and conditions - Have challenged them to find it and their responce is that 'We know it's there and we shouldn't have to spend time locating it on a contract you signed') So that's another 12p/minute (count them! 12 bloody pence!) for any call I make. I was also being charged £1.50 to have my bill sent to me online - A cost I've now had eliminated after I kicked up suich a fuss, but I'm still being charged for 'itemised' billing which isn't what I consider to be itemised - My bill comes, with a charge of 75p for this 'service', when all it tells me if the number of texts and phone calls I've made.

I was fully aware of what 'contract' means and was fully ready to accept myself to be signed in for 12 months. But in that, I expect both sides to play by the rules and not bill me for things that don't exist or that I didn't sign up for!

gushussain11

Dear Quentin Peace

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

I responded:
With the three skype example and I have also included figures and kept it simple to explain why it is unfair.

You asked:
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.

I responded:
I have claimed just that. Provided a argument why as well. Save for the fact you state the T&C state a period of 18 months, I have questioned that term see my first response.

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

I responded:
Its just a template to which I have requested any inaccurate information be amended and you are certainly aware that I do not now all the facts and that if they are accurate. I can not be expected to comment further on this point and it should be directed to the concerned.

Please let me now if you wish to request that I clarify any other points.

Peaceful Regards
Gus Hussain

Sid_Harper

Lynxette wrote: »

I was fully aware of what 'contract' means and was fully ready to accept myself to be signed in for 12 months. But in that, I expect both sides to play by the rules and not bill me for things that don't exist or that I didn't sign up for!

As I said, I wasn't targetting that statement at anyone particular. Most people DO know what it means to enter into a contract - I was merely observing that many forget their obligations.

I also agree with other posters that playing fair seems to be one-sided at times, and although it is harder for the individual to take on a corporate, things like MCOL serve to help us and when this happens, people should not be afraid to take legal action.

Quentin

@ loubie_lou

Remember what it says at the top of every page:

Anyone can post so always exercise caution when acting on info

gushussain11

Dear loubie_lou Peace

Its always a good idea to try to get some face to face help in regards to any matter. Do not just solely rely on forums.

Any how I am Gus and I have been helping customer of different in-direct agents to cancel contract with the Mobile Network Operators because at some point the agreements are broken or the agreement used terms that maybe unfair.

1) Priceshock co uk forum has a number of templates and a complaint letters to the MNO and finally the Adjudicators. Though it is not managed by me all most all templates (not all) are created by myself and I have helped many priceshock forum users to come out of the contract because I considered the evidence and information in front of me and concluded in favour of the customer, based on rules applied by adjudicators. Adjudicators are in some what common agreement but there is still work I need to do.

You are welcome to check out the price shock forum there is a cisas finding there should you wish to read that and ofcourse I would ask that you do seek professional help and please if there is any other better template out there please use that.

I do hope that you and the service provider come to a fair conclusion.

Peaceful Regards
Gus Hussain

andyborris

I've recently been made redundant and would like to get out of a 18 month contract, I used the phone for work and claimed on expenses, which is why I was happy with the contract. Not so happy now it's slowly pushing me into bankruptcy!

I've also been very unhappy with the service of the network in day to day usage, with many missed calls, even though the phone is in my hand, texts taking 2 days to arrive and the finally, I live in east Kent and the phone often switches to a French network because the signal is stronger! This happens in most of the coastal area and about 5 miles inland too. So often I can't make a call, because the network thinks I'm in France and on roaming, even though I'll be in Dover!

What to do?

Quentin

Have you put all these complaints to them during the running of the contract? It would help your case if you have done so - but to bring them up now as the reason you want to cancel won't help your case.

If you are really going bankrupt, await that and they will cancel the contract anyway.

Or explain the financial dificulty you have and they may try and accomodate you somehow (eg reducing tariff, allowing you to cancel with an extended period to pay off any termination fees etc)

One other avenue to consider is that if your employer required you to have your own mobile, (and were reimbursing you the line rental), then they may make a lump sum payment to cancel the mobile contract as part of your redundancy package.

raemon

Could somebody please help!!!

I got a contract with Virgin in september for 18 months.

I chose the samsung galaxy portal and have had problems with the phone, the bluetooth does not connect to other devices. I called them up and explained to them it is the firmware that needs to be updated but i can not update it. They sent me a new phone saying that it has the latest firmware.

new phone did not have new firmware.

i tried everything, to update the firmware, i am very computer leterate and they kept coming up with things i have already tried one person asked me to contact my ISP. i was furious.

after many more calls to virgin they finally got to the bottom of it, saying that the new firmware is not available with virgin.

so i am stuck with this phone for the duration of the contract it not all features of the phone work e.g bluetooth.

they said they can not give me another model phone, and that i can not end the contract cuz i had 28 days to test the phone at the start of the contract.

but i do not believe this is my fault if a phone promises to work features then does not i should be allowed to have a phone that works all features regardless of the 28 day period.

please any help will be very much appreciated. i feel i am stuck

gjchester

raemon wrote: »

i tried everything, to update the firmware, i am very computer leterate and they kept coming up with things i have already tried one person asked me to contact my ISP. i was furious.

after many more calls to virgin they finally got to the bottom of it, saying that the new firmware is not available with virgin.

First it would have been better to start a new thread than revice a 2 year old one on another network.

The way firmware works is the OS Maker updates the OS (Google) The phone maker updates the build for the Phone (Samsung) and the network then tweaks it for there network (Virgin)

If any of these (most likely Samsung or Virgin) choose not to update the firmware then there is no offical upgrade. Samsung have upgraded it to 2.1 but they probably won't move it to 2.2

You can try going back to Samsung to get them to install generic firmaware, or flashing it yourself with a modified rom, but the long and short is that if this was an issue you should have got back to Virgin and logged it as a complaint in the first 28 days, unfortunatly after 5 moths is too late.

Specifially did you check before buying the phone it supported what you needed? Bluetooth supports many modes of data transfer and usually not all of them are supported by any particular phone. I've had phones before that supported the headset profile but not data. Iphones won't transfer files over bluetooth, it's not unusualy to only support only a subset of bluetooth spec.

I realise it's not what you want to hear, but if there was a specific ability was so important you should have checked it as soon as you got it.

Rusty!

You wont get an official firmware update from Samsung for it.

If you want updates you'll have to move into the custom ROM market... something like CyanogenMod.