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

Simonuk · 31-10-2005, 18:50

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??

PamelaL · 31-10-2005, 18:57

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.

Ruokasi · 31-10-2005, 18:59

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?

20something · 31-10-2005, 19:05

Why didn't you hand it back after the 14 day trial if it you don't get a signal?

Simonuk · 31-10-2005, 19:08

Quote:

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.

20something · 31-10-2005, 19:13

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 · 31-10-2005, 19:15

Is there a 3point where you live?You coud go in there and ask them to sort it out for you

Simonuk · 31-10-2005, 19:43

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..

31-10-2005, 23:56

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

Simonuk · 01-11-2005, 10:02

Quote:

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.

01-11-2005, 10:43

Quote:

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)

Simonuk · 01-11-2005, 11:13

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 · 01-11-2005, 11:41

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.

01-11-2005, 11:46

Edit: Well done!

31-10-2005, 18:50	#1
Simonuk Forum Member Join Date: Apr 2005 Posts: 857	Can I Pull Out Of A 12 Month Mobile Contract?? 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??

01-11-2005, 11:46	#14
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!

31-10-2005, 18:57	#2
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.

31-10-2005, 18:59	#3
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?

31-10-2005, 19:05	#4
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?

31-10-2005, 19:08	#5
Simonuk Forum Member Join Date: Apr 2005 Posts: 857	Quote: 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.

31-10-2005, 19:13	#6
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.

31-10-2005, 19:15	#7
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

31-10-2005, 19:43	#8
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..

31-10-2005, 23:56	#9
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

01-11-2005, 10:02	#10
Simonuk Forum Member Join Date: Apr 2005 Posts: 857	Quote: 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.

01-11-2005, 10:43	#11
dawson Posts: n/a	Quote: 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)

01-11-2005, 11:13	#12
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.

01-11-2005, 11:41	#13
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.

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