getting out of a mobile phone contract

fionny

cookie1977 wrote: »

I thought this was explained to you on the forum by mods:



http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_en.htm

Makes sense.

doosie

Exactly, the extract does mention to “allow you to examine the product in the same way as you would in a shop”. It also says: “If you want the trader to start providing the service - e.g. to connect your phone - directly without waiting for the 14-day period to lapse, you must expressly request this. If you nevertheless choose to withdraw after starting to receive the service, you must pay for the time you used it.” They need to tell you if you use it, you will lose your right to cooling off. If they don’t tell you the restrictions and consequences, wouldn’t it be entrapment?

cookie1977

doosie wrote: »

Exactly, the extract does mention to “allow you to examine the product in the same way as you would in a shop”. It also says: “If you want the trader to start providing the service - e.g. to connect your phone - directly without waiting for the 14-day period to lapse, you must expressly request this. If you nevertheless choose to withdraw after starting to receive the service, you must pay for the time you used it.” They need to tell you if you use it, you will lose your right to cooling off. If they don’t tell you the restrictions and consequences, wouldn’t it be entrapment.

Surely there must be some personal responsibility on the buyers part. No? I'm not saying corporations dont need monitoring, far from it. But if the laws are in place to protect and educate consumers then they should at least make themselves aware of them and not just after the fact.

Remember too you put the sim card in to start the service.

doosie

Couldn’t agree more...If you buy a service you are aware of you are taking responsibility. But if you are not told of the restrictions in regards to the start of the service you will not lose your basic right. You are not expected to know the restrictions if you are not told about them and you have no access to the details. In this scenario we did not use the SIM which was part of the service but even if we had the consent to lose our right as a result of doing so would've been an important missing element.

cookie1977

doosie wrote: »

Couldn’t agree more...If you buy a service you are aware of you are taking responsibility. But if you are not told of the restrictions in regards to the start of the service you will not lose your basic right. You are not expected to know the restrictions if you are not told about them and you have no access to the details. In this scenario we did not use the SIM which was part of the service but even if we had the consent to lose our right as a result of doing so would've been an important missing element.

Did you read the T&C's associated with your plan? From your description it seems you just changed your mind which I dont believe is a valid reason to return a good that you've used.

doosie

I didn't know what my plan was until a day after I had received the phone(and tried it). As I write I still haven't received or given access to the contract in dispute. As soon as I saw the details of the plan(two days later), I realised it was not suitable for me and informed the company promptly...but they basically said tough, you might be worse off but you have agreed to it and you're stock with it for 24 months. That was what made me determined to cancel while I was in the cooling off period if I could, I contacted the relevant experts and was told I have the right to cancel under the Directive above. As a good will gesture I also offered to pay the full price of the handset which by the way was available on prepay from the same vendor but they just didn't want to let me go. I have no other problem with this or any other company. I was their customer for a long time and there was never any issue.

Just as a background, I don’t have an impulsive mind and I don’t change my mind for no reason. The deal was sold to me after more than half an hour of insistence over the phone and while I was busy doing other things at the same time. I was told I would be better off compared to the PrePay Plan I was on (I topped up €30 a month and it was perfect for my needs); when I saw the details, I realised not only I was not better off but rather I was worse off while having to pay at least €5 a month more and committing to 24 months. I would not say I was misled -as the issue is not personal- rather I say: I misunderstood what was on offer. Besides, as mentioned above as a good will gesture I offered to pay the full price of the handset even though I did not have to but the company rejected the offer outright. I expected good customer relations from a reputable company; however I was disappointed.

doosie

cookie1977 wrote: »

Did you read the T&C's associated with your plan? From your description it seems you just changed your mind which I dont believe is a valid reason to return a good that you've used.

T&Cs were not available to me to view until the day after I had received and tried the phone. I contacted the company promptly when I managed to see the details, and kindly informed them if what I see is what I will get, I would like to cancel "while still in the cooling off period" and go back to PrePay Plan as I was clearly worse off with the new plan.What would be the point if you move to a more expensive plan, while getting less services, and committing yourself to 24 months?...
In the store or even online you obviously see the details and you can make your mind there and then but if you are at work and they phone you to sell the service to you... you want to be polite and listen to them... then after half an hour they sell you the service WITHOUT telling you the restrictions ie "Don't use the phone or else you lose your right to cooling off period"...you try the phone in the knowledge that it does not effect your rights...then when it comes to it they say:"tough you're stock" this is not legal and for good reason...don't you agree?

doosie

I went back and looked at the first expert opinions I was given and looked at the Directive again. I looked for more details regarding this: “Warning!
Please note that you may not use goods that you have received before deciding to withdraw from the purchase. The right to withdraw exists to allow you to examine the product in the same way as you would in a shop, not to give you 14 days free use.” and found the answer in the FAQ on the right side of the page in the same link, the third example: “If you use the item at all, you may have to compensate the trader for its diminished value.”

So basically it says we may not use the product but if we do, we may have to pay for its diminished value i.e. a nominal depreciation fee. In other words, using the product does not take away our right to cancel.
Nevertheless they still should have told us this would be the case at the time. Don't you agree?

lorcan122

Looks like vodafone has had a recent change in T&cs in regards to their direct debit, anyone tried to get out?

It wasnt me123

I have Billpay O2 Iphone, 24mth contract which ends November 2015. I find the plan I'm on I don't use all the data/minutes etc and its quite expensive so would like to cancel it. Does anyone know that as 3 took over O2, did the Terms and Conditions change and could I cancel my plan? Its only another 7 mths so not the end of the world but would like to change the phone and go Pay as you Go if I could?

Slippin Jimmy

It wasnt me123 wrote: »

Does anyone know that as 3 took over O2, did the Terms and Conditions change and could I cancel my plan?

The t+c's did not change. You won't be able to cancel without penalty. You could ask them to drop you down to a lower plan if possible.

Chaos

im on tesco mobile any idea where i can see when t&c change?
https://www.tescomobile.ie/terms/tcs-pay-monthly.aspx

jimmynokia

Chaos wrote: »

im on tesco mobile any idea where i can see when t&c change?
https://www.tescomobile.ie/terms/tcs-pay-monthly.aspx

Same applies to you there is no change and this is covered tesco is an MVNO and the same terms apply