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getting out of a mobile phone contract

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2

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    #32
    du Maurier
    Closed Accounts Posts: 1,198 ✭✭✭du Maurier


    fionny wrote: »
    Dude I shop around every year and buy my phone and take out a contract as I see fit, I pay my bills and dont give out about them unless there is a problem...

    BUT

    If the network gives me an out so I can switch to a month to month cheaper bill option I will and thats my prerogative. If the networks want to ensure this doesnt then they simply need to ensure they dont change their terms...

    I love how you make me out the be the bad guy here when the networks are the greedy feckers who each year increase the length of contracts and restrict usage more and more...


    I'm not making you out to be anything to be honest. I just picked up on the tone of your earlier comments.

    Them being 'greedy feckers' should have nothing to do with it as well. That seems to be the source of your justification. Surely that shouldn't be the reason. So the fact that you were lucky enough to be aware of this anomaly surely doesn't make it okay to take a 600 euro phone (I'm not saying you did this, just an example), pay a bill for a month, and then move on.

    Fair enough, it is their mistake, but because you see them as greedy doesn't really justify the motives to do that.

    *Just as an aside, I have been royally shafted by one network in particular last year so I'm not jumping to any defence of networks per se in this thread. My only concern would be the validity of some people's claims to move from a network*


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    #33
    fionny
    Registered Users Posts: 2,367 ✭✭✭fionny


    I bought a phone on a 12month contract and paid around 250 for the handset and I have paid my monthly tarrif consistently I have not availed of any loopholes as none have been open but by god when there is one ill jump through it and no apologies to anyone.

    I see no reason why I shouldn't. As a citizen of this country we get shafted day in day out with taxes, banks, utlities, food prices, petrol prices etc.. They find every chance to milk more money from my pocket so if get the chance to save some money I will take it.


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    #34
    du Maurier
    Closed Accounts Posts: 1,198 ✭✭✭du Maurier


    fionny wrote: »
    I bought a phone on a 12month contract and paid around 250 for the handset and I have paid my monthly tarrif consistently I have not availed of any loopholes as none have been open but by god when there is one ill jump through it and no apologies to anyone.


    Okay, fine. But can I ask why you would do it? Are you not happy with it? Or are you just availing of your 'rights', somewhat akin to using up all your credits before they're gone?


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    #35
    fionny
    Registered Users Posts: 2,367 ✭✭✭fionny


    du Maurier wrote: »
    Okay, fine. But can I ask why you would do it? Are you not happy with it? Or are you just availing of your 'rights', somewhat akin to using up all your credits before they're gone?

    I would do it because I can and so I can save money.


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    #36
    du Maurier
    Closed Accounts Posts: 1,198 ✭✭✭du Maurier


    fionny wrote: »
    I bought a phone on a 12month contract and paid around 250 for the handset and I have paid my monthly tarrif consistently I have not availed of any loopholes as none have been open but by god when there is one ill jump through it and no apologies to anyone.

    I see no reason why I shouldn't. As a citizen of this country we get shafted day in day out with taxes, banks, utlities, food prices, petrol prices etc.. They find every chance to milk more money from my pocket so if get the chance to save some money I will take it.

    I'm now seeing your reasoning. The us vs them stance doesn't really wash at all. If you're looking at it from that point of view - which it seems you are - it appears really petty and small-minded. Just because you feel all the others are shafting you it doesn't justify it to return the sleight. Poor thinking in my opinion.

    I only wanted to see if this was the case. I'll leave it at that.


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    #37
    fionny
    Registered Users Posts: 2,367 ✭✭✭fionny


    Thanks for your opinion on my thinking but for too long ive been the good citizen while people around me soaked up benefits by exploiting loopholes left right and centre... but then I realised that it is true when people say

    "Nice Guys finish last"

    So if its legal I will do it. Same as I will claim every single tax relief I am entitled to... its no different.

    I hope its nice having the moral high ground and that it wont come back to bite you at some point in time as it no doubt will.


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    #38
    froo
    Registered Users Posts: 15 ✭froo


    Do vodafone make changes often??

    I signed up to a 24month contract in january and lost my phone already.
    With no insurance :(


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    #39
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    None of them do really. But keep watching.


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    #40
    kirving
    Registered Users Posts: 5,969 ✭✭✭kirving


    froo wrote: »
    Do vodafone make changes often??

    I signed up to a 24month contract in january and lost my phone already.
    With no insurance :(

    iPhone, was it? Did you have 'Find my iPhone' installed by any chance?

    If not, best thing to is buy a smartphone which you can use your data with, so at least it wont go to waste.


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    #41
    froo
    Registered Users Posts: 15 ✭froo


    Kevin Irving wrote: »
    iPhone, was it? Did you have 'Find my iPhone' installed by any chance?

    If not, best thing to is buy a smartphone which you can use your data with, so at least it wont go to waste.

    No.. Lesson learned i guess. :(


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    #42
    vicmic
    Registered Users Posts: 7 ✭vicmic


    Hi guys I need an advice.. I have been with Three for a while, yesterday I signed a contract for another 24 months and got a phone upgrade. I couldn't test the phone in store, when I got home I found out it's really difficult to use it. I called them immediately and ask them to change the phone to a different device. First they said ok now they said: they're not going to accept it. What's the story with cooling of period? I want to cancel the bloody contract and give them the phone back since they treated me like **** and lied to me. Worst customer service ever!!! Liars! Any advice? :(


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    #43
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    Can you avail of any cooling off period, whereby, for any reason, you can walk away without penalty? Can you go on their new 30-day sim only tarriff, and get a 3g phone somewhere else. €20.33 is not a bad offer.


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    #44
    vicmic
    Registered Users Posts: 7 ✭vicmic


    So far they told me there is no cooling off period. In my opinion it's against the law :( I sent them 2 emails demanding to end the contract, let's see what they say. I was hoping someone had similar experience and could give me an advice how to put more pressure on them. I'm not trying to walk away with a free phone, I want to give it back to them :( FML


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    #45
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    I see in their T & Cs that if you are upgrading, then the cooling off period does not apply. You should also make sure the shop is actually an official Three shop and not a franchisee.


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    #46
    vicmic
    Registered Users Posts: 7 ✭vicmic


    I guess I'm screwed :( anybody knows what they actually can do to me? If I informed them in writing I want to cancel the contract? Yeah it is a dealer, checked it already, don't think that will help doh.


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    #47
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    They can go after you for the full money they would have got over the 24months.

    Cooling off periods only apply to distance selling (internet or phone) legally and perhaps if the company has it's on policy on cooling off.

    There's not a lot you can do other then to either sell the the device and buy yourself a new one or else keep an eye on:
    http://shop.three.ie/terms/customer-notification/
    in case Three change their T&C's on your plan allowing you to disagree and leave them. This may never happen but it has before.


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    #48
    Trick of the Tail
    Registered Users Posts: 1,319 ✭✭✭Trick of the Tail


    Does anyone know the last time eMobile changed their Ts and Cs?

    Or have a link to their we page which lists these? I can't find it!

    Thanks


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    #49
    tankbarry
    Closed Accounts Posts: 499 ✭✭tankbarry


    does anybody know if 3 have changed there t & c since September 2012


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    #50
    doosie
    Registered Users Posts: 16 ✭doosie


    Hello all:)
    A new law has been in force since June 2014 ”Consumer Rights Directive”, which gives you the right to cooling off period if you buy over the phone or online. However Vodafone does not agree with the terms of the Directive, effectively breaking the law. Please see my post regarding cooling off period in Vodafone section for more info. Any suggestion would be appreciated. Thanks


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    #51
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


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

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


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    #52
    fionny
    Registered Users Posts: 2,367 ✭✭✭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.


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    #53
    doosie
    Registered Users Posts: 16 ✭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?


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    #54
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭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.


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    #55
    doosie
    Registered Users Posts: 16 ✭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.


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    #56
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭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.


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    #57
    doosie
    Registered Users Posts: 16 ✭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.


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    #58
    doosie
    Registered Users Posts: 16 ✭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?


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    #59
    doosie
    Registered Users Posts: 16 ✭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?


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    #60
    lorcan122
    Registered Users Posts: 151 ✭✭lorcan122


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


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    #61
    It wasnt me123
    Registered Users Posts: 1,739 ✭✭✭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?


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