DS Forums

 
 

Can I Pull Out Of A 12 Month Mobile Contract??


Reply
Thread Tools Search this Thread
Old 31-10-2005, 18:50
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857

I got a mobile phone contract on 3 some 5 months ago however I have had problems ever since. When I got the phone the sales assistant did a postcode search to make sure I could get signal which I could.

Anyway I live in a very strong 3g service area. Signal is up full 100% of the time, problem being when the phone is on 3g I cannot make or receive calls or text messages. I do not have signal on O2 where I live so cannot roam on 2.5G so I effectively have a phone which is useless.

I have complained to 3 constantly who give me the same excuse. They take all the details and inform me they will escalate the problem and get in touch but I never hear anything more from them.

I have stopped paying them as I feel they a providing a service which Is less than adequate.

Can I pull out of this contract or where do I stand??
Simonuk is offline   Reply With Quote
Please sign in or register to remove this advertisement.
Old 31-10-2005, 18:57
PamelaL
Forum Member
 
Join Date: Jun 2004
Location: Worcestershire
Posts: 59,800
This happened to us at work, we were sold a business contract but on receiving the phones discovered the coverage was hopeless especially in the Worcestershire countryside. The company was Vodaphone, we complained, cancelled the contract and after a bit of debate did not pay the cancellation fees.
PamelaL is offline   Reply With Quote
Old 31-10-2005, 18:59
Ruokasi
Banned User
 
Join Date: Jul 2005
Location: Bristol, England.
Posts: 3,360
If you're not being offered a decent service, you must have a right to cancel at anytime. The deal is that they offer you something in exchange for your money. If you aren't being offered the service, then it's them breaking the contract. So when you give them noticing of you cancelling, they don't have a right to complain.

Right?
Ruokasi is offline   Reply With Quote
Old 31-10-2005, 19:05
20something
Banned User
 
Join Date: May 2005
Posts: 362
Why didn't you hand it back after the 14 day trial if it you don't get a signal?
20something is offline   Reply With Quote
Old 31-10-2005, 19:08
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857
Originally Posted by 20something
Why didn't you hand it back after the 14 day trial if it you don't get a signal?
I complained soon after I got it and was told the problem would be resolved thats why I didn't take it back and i'm still waiting.
Simonuk is offline   Reply With Quote
Old 31-10-2005, 19:13
20something
Banned User
 
Join Date: May 2005
Posts: 362
Ah I see. If you go to the mobile section on here the people there will know more about where you stand with getting out of contract.

I have heard people say before though not to just cancel direct debit without sorting it out as it can end up affecting your credit rating.
20something is offline   Reply With Quote
Old 31-10-2005, 19:15
20something
Banned User
 
Join Date: May 2005
Posts: 362
Is there a 3point where you live?You coud go in there and ask them to sort it out for you
20something is offline   Reply With Quote
Old 31-10-2005, 19:43
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857
Right, I have been onto 3 and gave them all my consumer rights jargon they said they have no problem with me cancelling my contract early but I will have to pay a cancellation fee which is the remainin line rental for the contract. So I am no bloody further forward..
Simonuk is offline   Reply With Quote
Old 31-10-2005, 23:56
dawson
 
Posts: n/a
I think your current approach will not work, 3 will hold you to the contract.

However, when you hit a brick wall, don't keep hitting your head against it (it hurts after a while ); you need to walk around it

Did you recently get a letter advising you of revised call charges? If so you may be able to cancel the contract. It is basically because 3 have varied their prices in a way that is dis-advantageous to you from those you agreed to when you originally took out the contract.

This thread on HotUKDeals explains more:

http://www.hotukdeals.com/PNphpBB2-v...c-t10655.phtml
  Reply With Quote
Old 01-11-2005, 10:02
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857
Originally Posted by dawson
I think your current approach will not work, 3 will hold you to the contract.

However, when you hit a brick wall, don't keep hitting your head against it (it hurts after a while ); you need to walk around it

Did you recently get a letter advising you of revised call charges? If so you may be able to cancel the contract. It is basically because 3 have varied their prices in a way that is dis-advantageous to you from those you agreed to when you originally took out the contract.

This thread on HotUKDeals explains more:

http://www.hotukdeals.com/PNphpBB2-v...c-t10655.phtml

Thanks for that. I have just tried the above and yes I can cancel my contract but I have to pay the cancellation fee which is the remainder of the contract.
Simonuk is offline   Reply With Quote
Old 01-11-2005, 10:43
dawson
 
Posts: n/a
Originally Posted by Simonuk
Thanks for that. I have just tried the above and yes I can cancel my contract but I have to pay the cancellation fee which is the remainder of the contract.
You shouldn't have to (unless they agree to keep you on the same rates as you originally signed up to, or cheaper). Someone in the thread I previously mentioned was told the same as you but persevered.

Under contract law, you agreed to a contract to a service at a given price for a given time. As the service provider cannot continue to offer that service at the given price (or cheaper) then they must allow you to cancel the contract without charge.

This is to stop rip-off merchants for example from selling you a contact to provide any service (e.g. wheelie bin washing) at say £1 per week for 52 weeks. If after 4 weeks they decide £1 does not even cover their costs and that they need to raise their costs to say £1000 per week, they must allow you the opportunity to either accept the new cost or cancel the agreement without further payment (or continue through whatever notice period they require at the original agreed price)
  Reply With Quote
Old 01-11-2005, 11:13
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857
Ah I see now. I am getting no where with 3. I have even contacted Otelo just this morning an enquired about the price increase. The advisor told me (all though she didnt have the terms and conditions in front of her) that it's in the contract once you sign up that they are allowed to raise there prices as long as they give you ample notice.
Simonuk is offline   Reply With Quote
Old 01-11-2005, 11:41
Simonuk
Forum Member
 
Join Date: Apr 2005
Posts: 857
It finally worked It will be cancelled in 30 days and no penalty. It was like banging my head on a brick wall but got there eventually. Thanks for your help.
Simonuk is offline   Reply With Quote
Old 01-11-2005, 11:46
dawson
 
Posts: n/a
Edit: Well done!

Last edited by dawson : 01-11-2005 at 11:53. Reason: Subsequent post by OP stated problem solved!
  Reply With Quote
 
Reply




 
Forum Jump


All times are GMT. The time now is 04:51.